Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler) |
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Topics: Daimler AG, Dr. Wolfgang Bernhard
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
12 September 2016
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62790-62792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21836]
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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 renewal for one
Daimler driver to drive commercial motor vehicles (CMV) in the United
States without possessing a commercial driver's license (CDL) issued by
one of the States. Dr. Wolfgang Bernhard is the
[[Page 62791]]
head of the Daimler Trucks and Buses Division who 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-issued
CDL is comparable to or is 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 August 29, 2016, and expires August
28, 2018.
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, please contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Telephone: (614) 942-6477. 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 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), [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 5 years from their dates of inception,
instead of the previous 2 years. This statutory provision will be
codified in 49 CFR part 381 in a forthcoming rulemaking.
III. Request for Exemption
Daimler requests a renewal of its exemption from 49 CFR 383.23,
which prescribes licensing requirements for drivers operating CMVs in
interstate or intrastate commerce, for the next 5 years for the chief
executive of its Trucks and Buses Division. Dr. Wolfgang Bernhard,
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
request for renewal, dated February 22 and 23, 2016, is in the docket
identified at the beginning of this notice.
FMCSA initially granted an exemption to Dr. Bernhard on August 29,
2014 (79 FR 51641). This exemption was effective August 29, 2014, and
expires August 29, 2016. Detailed information about the qualifications
and experience of Dr. Bernhard was provided by Daimler in its original
application, a copy of which is in the docket. Renewal of the exemption
will enable Dr. Bernhard to operate CMVs in interstate or intrastate
commerce to support Daimler field tests designed to meet future vehicle
safety and environmental requirements and to promote technological
advancements in vehicle safety systems and emissions reductions. Dr.
Bernhard needs to drive Daimler vehicles on public roads to better
understand ``real world'' environments in the U.S. market. According to
Daimler, Dr. Bernhard 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. He will in all cases be accompanied by a holder of a
U.S. CDL who is familiar with the routes to be traveled.
Daimler has explained in prior exemption requests that the German
knowledge and skills tests and training program ensure that Daimler's
drivers operating under the exemption will achieve a level of safety
that is equivalent to, or greater than, the level of safety obtained by
complying with the U.S. requirement for a CDL. Furthermore, according
to Daimler, Dr. Bernhard is familiar with the operation of CMVs
worldwide.
IV. Method To Ensure an Equivalent or Greater Level of Safety
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)].
V. Public Comments
On March 28, 2016, FMCSA published notice of this application and
requested public comment (81 FR 17242). No comments were submitted.
[[Page 62792]]
VI. FMCSA Decision
Based upon the merits of this application, including Dr. Bernhard'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 Dr. Wolfgang Bernhard an exemption from
the CDL requirement in 49 CFR 383.23 to allow Dr. Bernhard 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 5 years unless revoked earlier by the FMCSA. The exemption
will be revoked if (1) Dr. Bernhard 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: August 31, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-21836 Filed 9-9-16; 8:45 am]
BILLING CODE 4910-EX-P