Commercial Driver's License Standards: Application for Renewal of Exemption; Daimler Trucks North America (Daimler) |
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Topics: Daimler AG, Sven Ennerst
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
July 30, 2015
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45576-45577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18676]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0032]
Commercial Driver's License Standards: Application for Renewal of
Exemption; Daimler Trucks North America (Daimler)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; granting of application for
renewal of exemption.
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SUMMARY: FMCSA announces its decision to grant Daimler Trucks North
America's (Daimler) application for renewal of an exemption from the
requirement for a commercial driver's license (CDL) for one of its
commercial motor vehicle (CMV) drivers, Sven Ennerst. Mr. Ennerst has
operated safely under this one-year exemption since July 22, 2014. The
renewal allows Mr. Ennerst, a Daimler engineering executive who holds a
German commercial driver's license, to continue to test-drive Daimler
CMVs on U.S. roads to improve Daimler's understanding of product
requirements in ``real world'' environments. FMCSA has concluded that
this exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved if Mr.
Ennerst were required to obtain a U.S. CDL.
DATES: This exemption is renewed effective July 22, 2015 and will
expire July 22, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, FMCSA Driver and
Carrier Operations Division; Office of
[[Page 45577]]
Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the CDL requirements of 49 CFR 383.23 for a maximum 2-year period
if it finds that ``such exemption would likely achieve a level of
safety that is equivalent to, or greater than, the level that would be
achieved absent such exemption.'' The procedures and standards for
exemptions are prescribed in part 381 of the Federal Motor Carrier
Safety Regulations (FMCSRs) (49 CFR part 350 et seq.). The Agency must
provide an opportunity for public comment on the request. 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
renewal, 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)).
Daimler manufactures CMVs in the U.S. for sale in this country.
From time to time, it applies to FMCSA for CDL exemptions allowing
individual Daimler employees to operate CMVs on U.S. roads. The
employees are engineering executives who design and test advanced CMV
safety and emissions technology. They reside in Germany but come to the
U.S. three or four times a year to test drive prototype Daimler CMVs in
the ``real world'' environment of U.S. roads. Under 49 CFR 383.23,
operators of CMVs are required to hold a CDL issued by a State. Daimler
employees are residents of Germany and cannot obtain a CDL in the U.S.
because they are not residents of a State. They are duly licensed to
operate CMVs in Germany, have years of experience driving CMVs in
Europe, and maintain exemplary records of driving safety. Daimler has
explained in prior exemption applications that the German knowledge and
skills tests and training program that these drivers have undergone are
comparable to the CDL licensing programs of the States. Daimler asserts
that its CMV drivers operating under the exemption in the U.S. will
achieve a level of safety that is equivalent to, or greater than, the
level of safety would be obtained by complying with the U.S.
requirement for a CDL. Previous exemptions require a U.S. CDL-holder to
accompany the Daimler employee operating a CMV. Daimler's prior
applications and this Agency's analysis of them are in the docket of
this matter referenced above. Most recently, on March 20, 2015, the
Agency granted a similar exemption to Daimler driver Martin Zeilinger
(80 FR 16511).
On July 22, 2014, FMCSA granted Daimler and its driver Sven Ennerst
a one-year exemption from Sec. 383.23 (79 FR 42626). The exemption
will expire July 22, 2015. Mr. Ennerst is a Daimler engineering
executive and holds a valid German commercial driver's license.
Daimler's original application outlines Mr. Ennerst's CMV driving
qualifications and experience, and is in the docket.
Daimler Application for Renewal
By letter dated February 18, 2015, Daimler applied for renewal of
this exemption for Sven Ennerst for the two-year period beginning July
22, 2015. A copy of the request for renewal is in the docket. Daimler
states that Mr. Ennerst typically drives CMVs no more than 200 miles
per day over a two-day period, and that only 10 percent of his driving
is on two-lane State highways. The rest of his driving is on interstate
highways.
Method To Ensure an Equivalent or Greater Level of Safety
As in each of Daimler's exemption requests, FMCSA carefully
considered the merits of this application and the driver's demonstrated
knowledge and skill in CMV operations. The Agency has received no
information indicating that the terms and conditions of Mr. Ennerst's
2014 exemption have not been satisfied fully. FMCSA has previously
determined that the process for obtaining a German commercial license
is comparable to, or as effective as, the requirements of part 383, and
adequately assesses the driver's ability to operate CMVs in the U.S.
Public Comment
On April 16, 2015, FMCSA published notice of this application and
provided a period of 60 days for public comment (80 FR 20561). No
comments were received.
FMCSA Decision
Based upon the merits of this application, including Mr. Ennerst's
extensive CMV driving experience, safety record, and successful
completion of the training and testing requisite to a German CDL, FMCSA
has concluded that exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption. Consequently, the Agency renews the exemption
from the CDL requirement of Sec. 383.23 previously granted to Daimler
and Mr. Ennerst. Mr. Ennerst may drive CMVs in this country without a
U.S. State-issued CDL for two additional years unless this exemption is
revoked earlier by the FMCSA.
Terms and Conditions
The exemption remains subject to the same terms and conditions
originally imposed by FMCSA: (1) Daimler and the driver must comply
with all other applicable provisions of the FMCSRs, (2) the driver must
be in possession of this exemption document and a valid German CDL, (3)
the driver must be employed by and operate 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. 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. The exemption expires on July 22, 2017.
Issued on: July 20, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-18676 Filed 7-29-15; 8:45 am]
BILLING CODE 4910-EX-P