Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

Topics:  Daimler AG, Sven Ennerst

Anne S. Ferro
Federal Motor Carrier Safety Administration
July 22, 2014

[Federal Register Volume 79, Number 140 (Tuesday, July 22, 2014)]
[Notices]
[Pages 42626-42627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17246]


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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 final disposition; granting of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant Daimler Trucks North 
America's (Daimler) application for an exemption for one Daimler driver 
to drive commercial motor vehicles (CMV) in the United States without 
possessing a commercial driver's license (CDL) issued by one of the 
States. Sven Ennerst is an engineering executive who will test-drive 
Daimler vehicles on U.S.

[[Page 42627]]

roads to better understand product requirements for these vehicles in 
``real world'' environments and verify results. He holds a valid German 
CDL but lacks the U.S. residency necessary to obtain a CDL issued by 
one of the States. FMCSA believes that the process for obtaining a 
German-issued CDL is comparable to or is effective as the U.S. CDL 
requirements and ensures that this driver will likely achieve a level 
of safety that is equivalent to or greater than the level of safety 
that would be obtained in the absence of the exemption.

DATES: This exemption is effective July 22, 2014 and expires July 22, 
2015.

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:

Legal Basis

    Section 4007(a) of the Transportation Equity Act for the 21st 
Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107, 401, June 9, 1998) 
provided the Secretary of Transportation (the Secretary) the authority 
to grant exemptions from any of the Federal Motor Carrier Safety 
Regulations (FMCSRs) issued under chapter 313 or section 31136 of title 
49, United States Code, to a person(s) seeking regulatory relief (49 
U.S.C. 31136, 31315(b)). Prior to granting an exemption, the Secretary 
must request public comment and make a determination that the exemption 
is likely to achieve a level of safety that is equivalent to, or 
greater than, the level of safety that would be obtained in the absence 
of the exemption. Exemptions may be granted for a period of up to 2 
years and may be renewed.
    The FMCSA Administrator has been delegated authority under 49 CFR 
1.87(e)(1) and (f) to carry out the functions vested in the Secretary 
by 49 U.S.C. chapter 313 and subchapters I and III of chapter 311, 
relating, respectively, to the commercial driver's license program and 
to commercial motor vehicle (CMV) programs and safety regulation.

Background

    In the May 25, 2012, Federal Register (77 FR 31422), FMCSA granted 
Daimler a similar exemption for two of its test drivers. Each 
individual held a valid German CDL but lacked the U.S. residency 
necessary to obtain a CDL in the United States. 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. These two drivers 
were not involved in any crashes or other safety-related incidents.

Daimler Application for Exemption

    Daimler applied for an exemption for Mr. Sven Ennerst from 49 CFR 
383.23, requiring drivers operating CMVs to have a CDL issued by one of 
the States. Notice of the application was published on March 27, 2014 
(79 FR 17227). No comments were received. A copy of the Daimler request 
is in the docket identified at the beginning of this notice. The 
exemption allows Sven Ennerst to operate CMVs to support Daimler field 
tests to meet future vehicle safety and environmental requirements and 
to promote the development of technology and advancements in vehicle 
safety systems and emissions reductions. He will typically drive for no 
more than 6 hours per day for 2 consecutive days, and 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.
    Section 383.21 requires CMV drivers in the United States to have a 
CDL issued by a State. Ennerst is a citizen and resident of Germany. 
Only residents of a State can apply for a CDL. Without the exemption, 
Mr. Ennerst would not be able to test-drive Daimler prototype CMVs on 
U.S. roads.
    Mr. Ennerst holds a valid German CDL and is an experienced operator 
of CMVs. In the application for exemption, Daimler also submitted 
documentation showing his safe German driving record.

Method to Ensure an Equivalent or Greater Level of Safety

    According to Daimler, the requirements for a German-issued CDL 
ensure that the same level of safety is met or exceeded as if these 
drivers had a CDL issued by one of the States. Mr. Ennerst, is very 
familiar with the operation of CMVs worldwide and will be accompanied 
at all times by a driver who holds a U.S.-issued CDL and is familiar 
with the routes to be traveled. FMCSA has determined that the process 
for obtaining a CDL in Germany is comparable to that for obtaining a 
CDL issued by one of the States and adequately assesses the driver's 
ability to safely operate CMVs in the United States.

FMCSA Decision

    Based upon the merits of this application, including Mr. Ennerst's 
extensive driving experience and safety record, and the fact that he 
has successfully completed the requisite training and testing to obtain 
a German CDL, FMCSA 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).

Terms and Conditions for the Exemption

    FMCSA grants Daimler and Sven Ennerst an exemption from the CDL 
requirement in 49 CFR 383.23 to allow Mr. Ennerst to drive CMVs in this 
country without a U.S. State-issued CDL, subject to the following terms 
and conditions: (1) The driver and carrier must comply with all other 
applicable provisions of the Federal Motor Carrier Safety Regulations 
(FMCSRs) (49 CFR parts 350-399), (2) the driver must be in possession 
of the exemption document and a valid German CDL, (3) the driver must 
be employed by and operating the CMV within the scope of his duties for 
Daimler, (4) Daimler must notify FMCSA within 5 business days in 
writing of any accident, as defined in 49 CFR 390.5, involving this 
driver, and (5) Daimler 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 1 year unless revoked earlier by the FMCSA. The exemption 
will be revoked if: (1) Mr. Ennerst 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.

    Issued on: July 15, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-17246 Filed 7-21-14; 8:45 am]
BILLING CODE 4910-EX-P