Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler) |
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Topics: Daimler AG, Sven Ennerst
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Larry W. Minor
Federal Motor Carrier Safety Administration
March 27, 2014
[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17227-17228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06842]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0032]
Commercial Driver's License Standards: Application for Exemption;
Daimler Trucks North America (Daimler)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler)
has requested an exemption for one commercial motor vehicle (CMV)
driver from the Federal requirement to hold a commercial driver's
license (CDL) issued by one of the States. Daimler requests that the
[[Page 17228]]
exemption cover a project engineer who will test drive CMVs for Daimler
within the United States. This driver holds a valid German CDL and
wants to test-drive Daimler vehicles on U.S. roads to better understand
product requirements for these systems in ``real world'' environments,
and verify results. Daimler believes the requirements for a German CDL
ensure that the same level of safety is met or exceeded as if this
driver had a U.S. State-issued CDL.
DATES: Comments must be received on or before April 28, 2014.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2012-0032 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to www.regulations.gov, including any personal
information provided. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov at any time and in the box
labeled ``SEARCH for'' enter FMCSA-2012-0032 and click on the tab
labeled ``SEARCH.''
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review a
Privacy Act notice regarding our public dockets in the January 17,
2008, issue of the Federal Register (73 FR 3316).
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can get electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
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 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 2 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
In the May 12, 2012, Federal Register (77 FR 31422) FMCSA granted
Daimler a similar exemption for two of its test drivers. Each held a
valid German CDL but lacked the U.S. residency necessary to obtain a
CDL. FMCSA concluded that the process for obtaining a German CDL is
comparable to or as effective as the U.S. CDL requirements and ensures
that these drivers will likely achieve a level of safety equivalent to
or greater than the level that would be obtained in the absence of the
exemption.
Request for Exemption
Daimler has applied for an exemption for one of its engineers from
49 CFR 383.23, which prescribes licensing requirements for drivers
operating CMVs in interstate or intrastate commerce. This driver, Sven
Ennerst, is unable to obtain a CDL in any of the U.S. States. A copy of
the application is in Docket No. FMCSA-2012-0032.
The exemption would allow Mr. Ennerst to operate CMVs in interstate
or intrastate commerce to support Daimler field tests designed to meet
future vehicle safety and environmental regulatory requirements and to
promote the development of technology advancements in vehicle safety
systems and emissions reductions. According to Daimler, Mr. Ennerst
will typically drive for no more than 6 hours per day for 2 consecutive
days, and that 10 percent of the test driving will be on two-lane state
highways, while 90 percent will be on interstate highways. The driving
will consist of no more than 200 miles per day, for a total of 400
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.
Daimler requests that the exemption cover a two-year period. Mr.
Ennerst holds a valid German CDL, and as explained by Daimler in its
exemption request, the requirements for that license ensure that the
same level of safety is met or exceeded as if this driver had a U.S.
CDL.
FMCSA has determined that the process for obtaining a German-issued
CDL is comparable to, or as effective as the Federal requirements of 49
CFR Part 383, and adequately assesses a driver's ability to operate
CMVs in the United States.
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment on Daimler's application for an exemption from
the CDL requirements of 49 CFR 383.23. The Agency will consider all
comments received by close of business on April 28, 2014. Comments will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will consider to the
extent practicable comments received in the public docket after the
closing date of the comment period.
Issued on: March 14, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-06842 Filed 3-26-14; 8:45 am]
BILLING CODE 4910-EX-P