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

Topics:  Daimler AG, Philipp Kehm

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
December 21, 2015

[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79410-79411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31959]


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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, Philipp Kehm, 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 commercial license 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 commercial license 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 December 21, 2015 and expires 
December 21, 2017.

ADDRESSES: Docket: For access to the docket to read background 
documents or comments, go to www.regulations.gov at any time or visit 
Room W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. The on-line FDMS is available 
24 hours each day, 365 days each year
    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.

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325, Email: MCPSD@dot.gov, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001. If you have questions on viewing 
material in the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2012 -0032 in the ``Keyword'' box and click 
``Search.'' Next, click ``Open Docket Folder'' button and choose the 
document listed to review. If you do not have access to the Internet, 
you may view the docket online by visiting the Docket Management 
Facility in Room W12-140 on the ground floor of the DOT West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., e.t., Monday through Friday, except Federal holidays.

II. Background

    Since 2012, FMCSA has granted five Daimler drivers similar 
exemptions [May 25, 2012 (77 FR 31422); July 22, 2014 (79 FR 42626); 
August 29, 2014 (79 FR 516910); March 27, 2015 (80 FR 16511)]. Each of 
these drivers held a valid German commercial license but lacked the 
U.S. residency required to obtain a CDL. FMCSA has concluded that the 
process for obtaining a German commercial license 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.

III. 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 achieved absent such 
exemption.

IV. Daimler Application for Exemption

    Daimler applied for the same CDL exemption for Philipp Kehm. Notice 
of the application was published on September 4, 2015 (80 FR 53614). 
Only one comment was filed, and the commenter neither opposed nor 
supported the application for exemption for Mr. Kehm. A copy of the 
Daimler request is in the docket identified at the beginning of this 
notice. The exemption would allow Mr. Kehm 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 up to 10 
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, on a biannual basis.
    Section 383.21 requires CMV drivers in the United States to have a 
CDL issued by a State. With a few exceptions, only residents of a State 
can apply for a CDL. Mr. Kehm is a citizen and resident of Germany. 
Without the

[[Page 79411]]

exemption, he would not be able to test-drive prototype CMVs on U.S. 
roads.
    Mr. Kehm holds a valid German commercial license and is an 
experienced operator of CMVs. In the application for exemption, Daimler 
also submitted documentation showing his safe German driving record.

V. Method To Ensure an Equivalent or Greater Level of Safety

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

VI. FMCSA Decision

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

VII. Terms and Conditions for the Exemption

    FMCSA grants Daimler and Mr. Philipp Kehm an exemption from the CDL 
requirement in 49 CFR 383.23 to allow Mr. Kehm 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 commercial license; (3) 
the driver must be employed by and operate the CMV within the scope of 
his duties for Daimler; (4) at all times while operating a CMV under 
this exemption, the driver must be accompanied by a holder of a U.S. 
CDL who is familiar with the routes traveled; (5) Daimler must notify 
FMCSA in writing within 5 business days of any accident, as defined in 
49 CFR 390.5, involving this driver; and (6) 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. Kehm 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.

VIII. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate or intrastate 
commerce that conflicts with or is inconsistent with this exemption 
with respect to a firm or person operating under the exemption.

    Issued on: December 10, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-31959 Filed 12-18-15; 8:45 am]
BILLING CODE 4910-EX-P