Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler) |
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Topics: Daimler AG, Michael Seitter
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
December 7, 2015
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76059-76061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30804]
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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, Michael Seitter, 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 7, 2015 and expires
December 7, 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
[[Page 76060]]
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 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 CDL program and to CMV programs and
safety regulation.
IV. Daimler Application for Exemption
Daimler applied for the same CDL exemption for Michael Seitter as
for the previous five German drivers. Notice of the application was
published on September 10, 2015 (80 FR 54655). Only one comment was
received to the docket and the commenter neither opposed nor supported
the exemption for Mr. Seitter. A copy of the Daimler request is in the
docket identified at the beginning of this notice. The exemption allows
Mr. Seitter 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. Seitter is a citizen and resident of
Germany. Only residents of a State can apply for a CDL. Without the
exemption, Mr. Seitter would not be able to test-drive prototype CMVs
on U.S. roads.
Mr. Seitter 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. Seitter 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. Seitter'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. Michael Seitter an exemption from the
CDL requirement in 49 CFR 383.23 to allow Mr. Seitter 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. Seitter 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
[[Page 76061]]
this exemption with respect to a firm or person operating under the
exemption.
Issued on: November 25, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-30804 Filed 12-4-15; 8:45 am]
BILLING CODE 4910-EX-P