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

Topics:  Melanie Baumann

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
12 July 2016

[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45217-45218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16425]


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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 an exemption to Daimler 
Trucks North America (Daimler) for one of its commercial motor vehicle 
(CMV) drivers. Daimler requested a five-year exemption from the Federal 
requirement to hold a U.S. commercial driver's license (CDL) for Ms. 
Melanie Baumann, executive assistant to the head of the Daimler Trucks 
and Bus Division. Ms. Baumann 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: This exemption is effective June 30, 2016, and expires June 29, 
2021.

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: 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

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 the ``Open Docket Folder'' button and choose 
the document 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. 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

[[Page 45218]]

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 its terms and conditions. The exemption may be renewed (49 CFR 
381.300(b)).
    Section 5206(a)(3) of the ``Fixing America's Surface Transportation 
Act,'' (FAST Act) [Pub. L. 114-94, 129 Stat. 1312, 1537, Dec. 4, 2015], 
amended 49 U.S.C. 31315(b) by adding a new paragraph (2) which permits 
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

    Daimler applied for a 30-day waiver and a 5-year exemption from 49 
CFR 383.23, which prescribes licensing requirements for drivers 
operating CMVs in interstate or intrastate commerce, for one of its 
drivers, Ms. Melanie Baumann. Ms. Baumann holds a valid German 
commercial license but is unable to obtain a CDL in any of the U.S. 
States due to residency requirements. A copy of the application is in 
Docket No. FMCSA-2012-0032.
    On April 3, 2016, FMCSA granted Ms. Baumann a waiver effective from 
June 1 through June 30, 2016, to allow her to drive Daimler vehicles as 
described in the application for the exemption. The 5-year exemption 
will replace the waiver before it expires. Ms. Baumann needs to drive 
Daimler vehicles on public roads to better understand ``real world'' 
environments in the U.S. market. According to Daimler, Ms. Baumann will 
typically drive for no more than 6 hours per day for 2 consecutive 
days, and that 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. She will in all 
cases be accompanied by a holder of a U.S. CDL who is familiar with the 
routes to be traveled.
    Ms. Baumann 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, Ms. 
Baumann 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)].
Public Comments
    On April 5, 2016, FMCSA published notice of this application and 
requested public comments (81 FR 19702). There were no comments in 
opposition or in support of the proposed exemption.
FMCSA Decision
    Based upon the merits of this application, including Ms. Baumann's 
extensive driving experience and safety record, 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 Melanie Baumann an exemption from the CDL 
requirement in 49 CFR 383.23 to allow Ms. Baumann 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 
her 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 5 years unless revoked earlier by the FMCSA. The exemption 
will be revoked if: (1) Ms. Baumann 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: June 29, 2016.
T.F. Scott Darling, III,
Acting Administrator .
[FR Doc. 2016-16425 Filed 7-11-16; 8:45 am]
 BILLING CODE 4910-EX-P