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Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar)

American Government Special Collections Reference Desk

American Government Trucking Topics:  Navistar, Jerome Douay

Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar)

Raymond P. Martinez
Federal Motor Carrier Safety Administration
15 April 2019


[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15283-15284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07434]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0347]


Commercial Driver's License Standards: Application for Exemption; 
Navistar, Inc. (Navistar)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant an exemption to 
Navistar, Inc. (Navistar) for a commercial motor vehicle (CMV) driver 
employed by its business partner MAN Truck & Bus AG (MAN) of Munich, 
Germany. Navistar requested an exemption for Mr. Jerome Douay, a 
Product Engineer Senior Manager with MAN. He holds a valid German 
commercial license. MAN is partnering with Navistar to help develop 
technology advancements in fuel economy and emissions reductions. Mr. 
Douay wants to test drive Navistar vehicles on U.S. roads to better 
understand product requirements in ``real world'' environments, and 
verify results. Navistar believes the requirements for a German 
commercial license ensure that operation under the exemption will 
likely achieve a level of safety equivalent to or greater than the 
level that would be obtained in the absence of the exemption.

DATES: This exemption is effective April 15, 2019 and expires April 15, 
2024.

ADDRESSES: 
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line Federal Docket Management System 
(FDMS) is available 24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2018-0347 in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA 
must publish a notice of each exemption request in the Federal Register 
(49 CFR 381.315(a)). The Agency must provide the public an opportunity 
to inspect the information relevant to the application, including

[[Page 15284]]

any safety analyses that have been conducted. The Agency must also 
provide an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments, and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption (up 
to 5 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    Navistar has applied for an exemption for Jerome Douay from 49 CFR 
383.23, which prescribes licensing requirements for drivers operating 
CMVs in interstate or intrastate commerce. Mr. Douay is unable to 
obtain a CDL in any of the U.S. States due to his lack of residency in 
the United States. A copy of the application is in Docket No. FMCSA-
2018-0347.
    The exemption would allow Mr. Douay to operate CMVs in interstate 
or intrastate commerce to support Navistar field tests designed to meet 
future vehicle safety and environmental requirements and to promote 
technological advancements in vehicle safety systems and emissions 
reductions. Mr. Douay needs to drive Navistar vehicles on public roads 
to better understand ``real world'' environments in the U.S. market. 
According to Navistar, Mr. Douay will typically drive for no more than 
6 hours per day for 2 consecutive days, 50 percent of the test driving 
will be on two-lane State highways, and 50 percent will be on 
Interstate highways. The driving will consist of no more than 250 miles 
per day, for a total of 500 miles during a two-day period on a 
quarterly basis. He will in all cases be accompanied by a holder of a 
U.S. CDL who is familiar with the routes to be traveled.
    Mr. Douay holds a valid German commercial license, and as explained 
by Navistar in its exemption request, the requirements for that license 
ensure that, operating under the exemption, he would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation. Furthermore, according to Navistar, 
Mr. Douay is familiar with the operation of CMVs worldwide. Navistar 
requests that the exemption cover the maximum allowable duration of 5 
years.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    FMCSA has previously determined that the process for obtaining a 
German commercial license is comparable to, or as effective as, the 
requirements of part 383, and adequately assesses the driver's ability 
to operate CMVs in the U.S. Since 2012, FMCSA has granted Daimler 
drivers similar exemptions [May 25, 2012 (77 FR 31422); July 22, 2014 
(79 FR 42626); March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR 
60220); July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496); 
August 17, 2017 (82 FR 39151)].

V. Public Comments

    On December 18, 2018, FMCSA published notice of this application 
and requested public comments (83 FR 64930). One comment was submitted. 
Mr. Michael Millard wrote, in part, ``If the FMCSA approves the 
application to allow the German engineer to operate in the US utilizing 
the European CDL then the FMCSA should set provisions in the exemption 
outlining the driver must possess a valid medical certificate per Part 
391, be tested for controlled substance and alcohol per Part 382 and 
fully understand Parts 392 through 397.''

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. Douay's 
extensive driving experience and safety record, FMCSA has concluded 
that the exemption would likely achieve a level of safety that is 
equivalent to or greater than the level that would be achieved absent 
such exemption, in accordance with Sec.  381.305(a).

VII. Terms and Conditions for the Exemption

    FMCSA grants Navistar and Jerome Douay an exemption from the CDL 
requirement in 49 CFR 383.23 to allow Mr. Douay to drive CMVs in this 
country without a State-issued CDL, subject to the following terms and 
conditions: (1) The driver and carrier must comply with all other 
applicable provisions of the FMCSRs (49 CFR parts 350-399); (2) the 
driver must be in possession of the exemption document and a valid 
German commercial license; (3) the driver must be employed by and 
operate the CMV within the scope of his duties for Navistar or its 
partner MAN; (4) at all times while operating a CMV under this 
exemption, the driver must be accompanied by a holder of a U.S. CDL who 
is familiar with the routes traveled; (5) Navistar must notify FMCSA in 
writing within 5 business days of any accident, as defined in 49 CFR 
390.5, involving this driver; and (6) Navistar must notify FMCSA in 
writing if this driver is convicted of a disqualifying offense under 
Sec.  383.51 or Sec.  391.15 of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will 
be valid for 5 years unless revoked earlier by the FMCSA. The exemption 
will be revoked if: (1) Mr. Douay fails to comply with the terms and 
conditions of the exemption; (2) the exemption results in a lower level 
of safety than was maintained before it was granted; or (3) 
continuation of the exemption would be inconsistent with the goals and 
objectives of 49 U.S.C. 31315 and 31136.

VIII. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate or intrastate 
commerce that conflicts with or is inconsistent with this exemption 
with respect to a firm or person operating under the exemption.

    Issued on: April 8, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-07434 Filed 4-12-19; 8:45 am]
 BILLING CODE 4910-EX-P

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