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

Topics:  Martin Zeilinger, Daimler AG

Larry W. Minor
Federal Motor Carrier Safety Administration
December 17, 2014

[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Notices]
[Pages 75229-75230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29067]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) 
has requested an exemption for one commercial motor vehicle (CMV) 
driver, Martin Zeilinger, from the Federal requirement to hold a 
commercial driver's license (CDL) issued by one of the States. This 
project engineer 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 holders of the license will likely achieve a level of 
safety equal to or greater than that of drivers who hold a U.S. State-
issued CDL.

DATES: Comments must be received on or before January 16, 2015.

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: 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.
    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

[[Page 75230]]

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 granting or denying the exemption, 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 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)).
    Since 2012, FMCSA has granted four Daimler drivers similar 
exemptions [May 25, 2012 (77 FR 31422); July 22, 2014 (79 FR 42626); 
August 29, 2014 (79 FR 51641)]. Each of these drivers held a valid 
German CDL but lacked the U.S. residency required 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.

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, 
Martin Zeilinger, holds a valid German CDL but is unable to obtain a 
CDL in any of the U.S. States due to residency requirements. A copy of 
the application is in Docket No. FMCSA-2012-0032.
    The exemption would allow Mr. Zeilinger to operate CMVs in 
interstate or intrastate commerce to support Daimler field tests 
designed to meet future vehicle safety and environmental requirements 
and to develop improved safety and emission technologies. According to 
Daimler, Mr. Zeilinger 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. 
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.
    FMCSA has determined that the process for obtaining a German CDL is 
comparable to 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 January 16, 2015. 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: December 4, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-29067 Filed 12-16-14; 8:45 am]
BILLING CODE 4910-EX-P