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

Topics:  Daimler AG, Dr. Wolfgang Bernhard

Larry W. Minor
Federal Motor Carrier Safety Administration
July 2, 2014

[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Pages 37839-37840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15563]


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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). Daimler requests the exemption for Dr. Wolfgang 
Bernhard, head of the Daimler Trucks and Bus Division, who will test 
drive CMVs for Daimler within the United States. Dr. Bernhard holds a 
valid German CDL and wants to test drive

[[Page 37840]]

Daimler vehicles on U.S. roads to better understand product 
requirements in ``real world'' environments, and verify results. 
Daimler believes the requirements for a German CDL 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: Comments must be received on or before August 1, 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 obtain 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)).

Request for Exemption

    Daimler has applied for an exemption for the head of its Truck and 
Bus Division from 49 CFR 383.23, which prescribes licensing 
requirements for drivers operating CMVs in interstate or intrastate 
commerce. Dr. Wolfgang Bernhard 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-2012-0032.
    The exemption would allow Dr. Bernhard to operate CMVs in 
interstate or intrastate commerce to support Daimler field tests 
designed to meet future vehicle safety and environmental requirements 
and to promote technological advancements in vehicle safety systems and 
emissions reductions. Dr. Bernhard needs to drive Daimler vehicles on 
public roads to better understand ``real world'' environments in the 
U.S. market. According to Daimler, Dr. Bernhard 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.
    In the May 12, 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. FMCSA has 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.
    Daimler requests that the exemption cover a two-year period. Dr. 
Bernhard 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. Furthermore, according to Daimler, Dr. Bernhard is familiar with 
the operation of CMVs worldwide.
    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 August 1, 2014. Comments will 
be available for examination in the docket at the location listed under 
the ADDRESSES section of this notice.

    Dated: June 25, 2014.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2014-15563 Filed 7-1-14; 8:45 am]
BILLING CODE 4910-EX-P