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

Topics:  Daimler AG, Henning Oeltjenbruns

Larry W. Minor
Federal Motor Carrier Safety Administration
4 May 2016

[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Notices]
[Pages 26865-26866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10416]



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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 application for exemption; request for comments.

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SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) 
has requested a five-year exemption for one of its employees from the 
Federal requirement to hold a U.S. commercial driver's license (CDL). 
Mr. Henning Oeltjenbruns, general manager of the Daimler Truck Plant in 
Cleveland, NC, holds a valid German commercial license and wants to 
test drive Daimler vehicles on U.S. roads to better understand product 
requirements in ``real world'' environments, and verify results. 
Daimler believes the requirements for a German commercial license 
ensure that operation under the exemption will likely achieve a level 
of safety equivalent to or greater than the level that would be 
obtained in the absence of the exemption.

DATES: Comments must be received on or before June 3, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2012-0032 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     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., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    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: For information concerning this 
notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2012-0032), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2012-0032'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

II. Legal Basis

    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 the grant or denial, 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 also specify the effective period of the exemption (up 
to 5 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).
    Section 5206(a)(3) of the ``Fixing America's Surface Transportation 
Act,'' (FAST Act) amended 49 U.S.C. 31315 by adding a new paragraph 
(b)(2) to permit exemptions for no longer than five years from their 
dates of inception, instead of the previous two years. This statutory 
provision will be codified in 49 CFR part 381 in a forthcoming 
rulemaking.

III. Request for Exemption

    On behalf of Henning Oeltjenbruns, Daimler has applied for a 5-year 
exemption from 49 CFR 383.23, which prescribes licensing requirements 
for drivers operating CMVs in interstate or intrastate commerce. Mr. 
Oeltjenbruns is unable to obtain a CDL in any of the States due to his 
lack of residency in the United States. A copy of the application is in 
Docket No. FMCSA-2012-0032.
    The exemption would allow Mr. Oeltjenbruns to operate CMVs in 
interstate or intrastate commerce to support Daimler field tests 
designed to meet future vehicle safety and

[[Page 26866]]

environmental requirements and to promote technological advancements in 
vehicle safety systems and emissions reductions. Mr. Oeltjenbruns needs 
to drive Daimler vehicles on public roads to better understand ``real 
world'' environments in the U.S. market. According to Daimler, Mr. 
Oeltjenbruns will typically drive for no more than 6 hours per day, 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, 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.
    Mr. Oeltjenbruns would be required to comply with all applicable 
Federal Motor Carrier Safety Regulations (49 CFR parts 350-399) except 
the CDL provisions described in this notice.
    Mr. Oeltjenbruns holds a valid German commercial license, and as 
explained by Daimler in its exemption request, the requirements for 
that license ensure that the same level of safety is met or exceeded as 
if this driver had a U.S. CDL. Furthermore, according to Daimler, Mr. 
Oeltjenbruns is familiar with the operation of CMVs worldwide.
    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. Since 2012, FMCSA has granted Daimler 
drivers similar exemptions [May 25, 2012 (77 FR 31422); July 22, 2014 
(79 FR 42626); March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR 
60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR 
79410)].

    Issued on: April 27, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10416 Filed 5-3-16; 8:45 am]
 BILLING CODE 4910-EX-P