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

Topics:  Daimler AG, Martin Zeilinger

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
March 27, 2015

[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16511-16512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07059]


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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; grant 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 to allow a Daimler 
employee to drive commercial motor vehicles (CMV) in the United States 
without having a commercial driver's license (CDL) issued by one of the 
States. The driver, Martin Zeilinger, will test-drive Daimler vehicles 
on U.S. 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 CDL is comparable to or as 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 March 27, 2015 and expires March 27, 
2017.

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

    The Secretary of Transportation (the Secretary) has the authority 
to grant exemptions from any of the Federal Motor Carrier Safety 
Regulations (FMCSRs) issued under chapter 313 or Sec.  31136 of title 
49, United States Code, to a person(s) seeking regulatory relief (49 
U.S.C. 31136(e), and 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

    On July 22 and August 29, 2014, FMCSA granted similar exemptions 
for Daimler test drivers (79 FR 42626, 51641). These individuals each 
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 the same CDL exemption for Martin Zeilinger. 
Notice of the application was published on December 17, 2014 (79 FR 
75229). One comment was received in opposition to the application for 
exemption, but it was not substantive. A copy of the Daimler request is 
in the docket identified at the beginning of this notice. The exemption 
allows Martin Zeilinger 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. Mr. Zeilinger is a citizen and resident of 
Germany. Only residents of a State can apply for a CDL. Without the 
exemption, Mr. Zeilinger would not be able to test-drive prototype CMVs 
on U.S. roads.
    Mr. Zeilinger 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. Zeilinger is 
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. 
Zeilinger's extensive driving experience and safety record, and the 
fact that he has

[[Page 16512]]

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 Mr. Martin Zeilinger an exemption from the 
CDL requirement in 49 CFR 383.23 to allow Mr. Zeilinger 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 in writing 
within 5 business days 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 2 years unless revoked earlier by the FMCSA. The exemption 
will be revoked if: (1) Mr. Zeilinger 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: March 20, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-07059 Filed 3-26-15; 8:45 am]
 BILLING CODE 4910-EX-P