Commercial Driver's License Program; Temporary Waiver For Trekking International Overland Expedition

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. MC-96-13]

Commercial Driver's License Program; Temporary Waiver For

Trekking International Overland Expedition

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of petition; request for comments.

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SUMMARY: The FHWA is requesting public comment on a petition submitted

by Trekking International on January 24, 1996, for relief from the

requirements of the commercial driver's license (CDL) regulations (49

CFR Part 383). The FHWA is considering whether it should grant a waiver

from the CDL testing and licensing standards to drivers participating

in the Overland Expedition. The Overland Expedition consists of four

Iveco 330.30 ANW 6x6 trucks which are being driven from Rome, Italy, to

New York City, by foreign licensed employees of the Petitioner. The

requested waiver would be temporary, ending with the shipment of the

four vehicles to Italy on or before June 1, 1996. The FHWA requests

public comment on whether, if granted, the requested waiver would be

contrary to the public interest or diminish the safe operation of

commercial motor vehicles.

DATES: Comments must be received on or before April 8, 1996.

ADDRESSES: All signed, written comments should refer to the docket

number that appears at the top of this document and should be submitted

to the Federal Highway Administration, Room 4232, Office of Chief

Counsel, HCC-10, 400 Seventh Street SW., Washington, DC 20590-0001. All

comments received will be available for examination at the above

address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,

except Federal holidays. Commenters who want to be notified that the

FHWA received their comments should include a self-addressed, stamped

postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Office of Motor

Carrier Research and Standards, (202) 366-4001, or Mr. Raymond W.

Cuprill, Office of the Chief Counsel, HCC-20, (202) 366-0834, Federal

Highway Administration, Department of Transportation, 400 Seventh

Street, SW., Washington, DC 20590-0001. Office hours are from 7:45 a.m.

to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

The Commercial Driver's License (CDL) regulations, issued pursuant

to the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Pub. L.

99-570, 100 Stat. 3207) (49 U.S.C. 31301 et seq.), are found at 49 CFR

Part 383 (1995). Section 383.23 of the regulations sets forth the

general rule that no person shall operate a commercial motor vehicle

(CMV) unless such person: (1) has taken and passed a knowledge test

and, if applicable, a driving test, which meets Federal standards, and

(2) possesses a CDL, which is evidence of having passed the required

tests. These Federal standards ensure that drivers of a CMV: (1) have a

single driver's license and a single driving record, (2) are tested for

the knowledge and skills needed to drive a vehicle representative of

the vehicle that they will be licensed to drive, and (3) are

disqualified from driving a CMV when convicted of certain criminal or

traffic violations.

The term ``commercial motor vehicle'' is defined to include, a

motor vehicle:

(1) With a gross combination weight rating of 26,001 or more pounds

inclusive of a towed unit with a gross vehicle weight rating (GVWR) of

more than 10,000 pounds; or

(2) With a GVWR of 26,001 or more pounds; or

(3) Designed to transport 16 or more passengers, including the

driver; or

(4) Used in the transportation of quantities of hazardous materials

which require the vehicle to be placarded under the Hazardous Materials

Transportation Regulations (49 CFR part 172, subpart F). 49 CFR 383.5

(1995).

CDL Waivers

Section 12012 of the Commercial Motor Vehicle Safety Act of 1985

(49 U.S.C. 31315) authorizes the Secretary of Transportation to waive

any class of drivers or vehicles from any or all of the provisions of

the Act or the implementing regulations if the Secretary determines

that the waiver is not contrary to the public interest and does not

diminish the safe operation of commercial motor vehicles. The

regulatory procedures governing the issuance of waivers are found at 49

CFR 383.7 (1995).

The FHWA has granted a CDL waiver to military personnel operating

military vehicles and has authorized the States to waive certain

farmers, firefighters and operators of emergency equipment in

implementing the CDL regulations. See 53 FR 37313, September 26, 1988.

The agency also authorized the States to waive, at their option,

employees of farm-related service industries (custom harvesters, retail

outlets and suppliers, agri-chemical businesses, and livestock feeders)

from the CDL knowledge and skill testing requirements, and issue these

employees restricted CDLs for a seasonal period or periods not to

exceed a total of 180 days in any 12-month period, subject to certain

conditions. See 57 FR 13650, April 17, 1992. More recently, the FHWA

authorized the States to, at their option, waive part-time drivers for

the pyrotechnics industry from the CDL endorsement tests for hazardous

materials, when the drivers are transporting less than 500 pounds of

fireworks, classified as DOT Class 1.3G explosives, during the period

from June 30 through July 6 of each year. See 60 FR 34188, June 30,

1995.

Petition

Trekking International of Milan, Italy, through its North American

coordinator, Circumpolar Expeditions of Anchorage, Alaska, has

petitioned the FHWA to grant a CDL waiver to drivers involved in the

Overland Expedition. The goal of the Overland Expedition is to drive

four (4) Iveco 330.30 ANW 6x6 trucks 15,000 miles from Rome, Italy, to

New York City, New York, over land via the Russian Far East, the Bering

Strait and Alaska, a feat never before accomplished. In addition to

being the first trucks driven from Europe to North America, the

Expedition will demonstrate the quality of Iveco trucks and serve to

mark the 20th Anniversary of the Iveco Truck Division of the Fiat

Group. The Expedition will be entering the United States shortly and

will be operating the vehicles in North America through April of 1996.

Once the Expedition is completed, the trucks will be shipped back to

Italy. The Petitioner expects the vehicles to be shipped on or before

June 1, 1996. None of these vehicles are being imported into the United

States.

The Petitioner asserts that the requested waiver would be temporary

and only be applicable to those foreign employees driving the four

vehicles that are participating in the Expedition. These employees are

professional operators of commercial motor vehicles licensed in Italy

and have from 15 to 20 years of driving experience. The Petitioner has

submitted a copy of the Roadway Code of Italy, Law No. 285 dated April

30, 1992, which provides the requirements applicable to these

commercial operators. A copy of this law and a provided translated

summary is available in the docket for examination by the public. The

following Italian licensed commercial

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drivers will be participating in the expedition:

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Name License No. Issued Classification

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Gregorio Camevale............ 1300267 8/7/95 ABCDE.

Carlo Marocco................ 1291175 9/4/95 ABCDE.

Erhard Mayer................. A26995 8/28/95 ABCDE.

Vicenzo Leone................ 1291174 9/11/95 ABCDE.

Emilio Altamore.............. 1247556 9/4/95 ABCDE.

Francesco Miranda............ 1247557 9/4/95 ABCDE.

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The Petitioner has agreed to comply with other applicable Federal

Motor Carrier Safety Regulations (FMCSRs), including financial

responsibility, vehicle marking, driver physical qualification, vehicle

inspection and hours of service requirements.

Request for Public Comment and Proposed Waiver

The FHWA is requesting public comment as to whether the grant of

the requested temporary waiver from the CDL requirements would be

contrary to the public interest or would diminish the safe operation of

CMVs. Commenters are invited to address whether the waivers should be

subject to conditions, such as the following conditions being

considered by the FHWA.

Waiver Conditions

(1) Drivers covered--the waiver would cover foreign drivers

employed by the Petitioner, listed above, while participating in the

Overland Expedition. The drivers would be required to hold a valid

Italian commercial driver's license to operate the vehicles listed in

condition #3.

(2) Duration--the waiver from the CDL requirements would only be

valid through June 1, 1996.

(3) Vehicles--the waiver would be limited to the operation of the

four vehicles participating in the Overland Expedition and identified

with the following vehicle identification numbers and license plates:

a. WJMH3GMSM09015805 (plate no. A658095)

b. WJMH3GMSM09015766 (plate no. A658096)

c. WJMH3GMSM09015814 (plate no. A658097)

d. WJMH3GMSM09015669 (plate no. A658098)

(4) Compliance with FMCSRs--Drivers covered by the waiver would be

required to comply with other applicable requirements of the Federal

Motor Carrier Safety Regulations, including financial responsibility,

vehicle marking, driver physical qualification, vehicle inspection and

hours of service requirements.

Commenters are strongly encouraged to provide any facts or views

pertaining to the requested waiver.

Authority: Title XII of Pub. L. 99-570, 100 Stat. 3207; 49

U.S.C. 31301 et seq.; 49 U.S.C. 31315; 49 CFR 1.48; 49 CFR 383.7; 23

U.S.C. 315.

Issued on: March 25, 1996.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 96-7759 Filed 3-28-96; 8:45 am]

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