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

Topics:  Daimler AG, Sven Ennerst

Larry W. Minor
Federal Motor Carrier Safety Administration
15 May 2017

[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22371-22372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09736]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]


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

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

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

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SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) 
has requested the renewal of an exemption from the requirement for a 
commercial driver's license (CDL) for one of its commercial motor 
vehicle (CMV) drivers, Sven Ennerst, who holds a German commercial 
license. The renewal would allow Mr. Ennerst to continue 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 that German regulations ensure that 
holders of a German commercial license will likely achieve a level of 
safety equal to or greater than that of drivers who hold a U.S. CDL.

DATES: Comments must be received on or before June 14, 2017.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2012-0032 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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. 
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov at any time and in the box 
labeled ``SEARCH for'' enter FMCSA-2012-0032 and click on the tab 
labeled ``SEARCH.''
    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.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received

[[Page 22372]]

your comments, please include a self-addressed, stamped envelope or 
postcard, or print the acknowledgement page that appears after 
submitting comments online.

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. Daimler Application for Exemption Renewal

    Daimler has applied for a renewal of an exemption 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, Sven Ennerst, 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 15, 
2017, is in the docket identified at the beginning of this notice.
    FMCSA granted a renewal of an exemption to Mr. Ennerst on July 22, 
2015 (80 FR 45576). This exemption was effective July 22, 2015, and 
expires July 22, 2017. Detailed information about the qualifications 
and experience of Mr. Ennerst was provided by Daimler in its original 
application, a copy of which is in the docket referenced above. Renewal 
of the exemption will enable Mr. Ennerst to operate CMVs in interstate 
or intrastate commerce to 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. 
Ennerst 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); July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496)].

    Issued on: May 8, 2017.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-09736 Filed 5-12-17; 8:45 am]
 BILLING CODE 4910-EX-P