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

Topics:  Daimler AG, Martin Zeilinger

Larry W. Minor
Federal Motor Carrier Safety Administration
22 March 2017

[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14791-14792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05652]



[[Page 14791]]

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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 
Renewal; Daimler Trucks North America (Daimler)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption renewal; request for 
comments.

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SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) 
has requested an exemption renewal for one commercial motor vehicle 
(CMV) driver, Martin Zeilinger, from the Federal requirement to hold a 
commercial driver's license (CDL) issued by one of the States. This 
project engineer holds a valid German commercial license and wants to 
test-drive Daimler vehicles on U.S. roads to better understand product 
requirements for these systems in ``real world'' environments, and 
verify results. Daimler believes the requirements for a German 
commercial license ensure that holders of the license will likely 
achieve a level of safety equal to or greater than that of drivers who 
hold a U.S. State-issued CDL.

DATES: Comments must be received on or before April 21, 2017.

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: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; 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 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)).

III. Request for Exemption

    Daimler has applied for an exemption renewal for one of its 
engineers from 49 CFR 383.23, which prescribes licensing requirements 
for drivers operating CMVs in interstate or intrastate commerce. This 
driver, Martin Zeilinger, 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.
    FMCSA initially granted an exemption to Mr. Zeilinger on March 27, 
2015 (80 FR 16511). This exemption was effective March 27, 2015, and 
expires March 27, 2017. Detailed information about the qualifications 
and experience of Mr. Zeilinger was provided by Daimler in its original 
application, a copy of which is in the docket.
    The exemption renewal would allow Mr. Zeilinger to operate CMVs in 
interstate or intrastate commerce to

[[Page 14792]]

support Daimler field tests designed to meet future vehicle safety and 
environmental requirements and to develop improved safety and emission 
technologies. According to Daimler, Mr. Zeilinger 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. 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 requests that the exemption cover the maximum allowable 
duration of 5 years.
    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.

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)].

    Issued on: March 16, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-05652 Filed 3-21-17; 8:45 am]
BILLING CODE 4910-EX-P