Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar)

Topics:  MAN, Jerome Douay

Larry W. Minor
Federal Motor Carrier Safety Administration
18 December 2018

[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Notices]
[Pages 64930-64932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27339]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0347]


Commercial Driver's License Standards: Application for Exemption; 
Navistar, Inc. (Navistar)

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 Navistar, Inc. (Navistar) has requested 
an exemption for one commercial motor vehicle (CMV) driver from the 
Federal requirement to hold a U.S. commercial driver's license (CDL). 
Navistar requests an exemption for Mr. Jerome Douay, a Product Engineer 
Senior Manager with MAN Truck & Bus AG (MAN) in Munich, Germany, who 
holds a valid German commercial license. MAN is

[[Page 64931]]

partnering with Navistar to help develop technology advancements in 
fuel economy and emissions reductions. Mr. Douay wants to test drive 
Navistar vehicles on U.S. roads to better understand product 
requirements in ``real world'' environments, and verify results. 
Navistar 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. FMCSA requests public 
comments on Navistar's application for exemption.

DATES: Comments must be received on or before January 17, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0347 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: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4225. 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-2018-0347), 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-2018-0347'' 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

    Navistar has applied for an exemption for Jerome Douay from 49 CFR 
383.23, which prescribes licensing requirements for drivers operating 
CMVs in interstate or intrastate commerce. Mr. Douay is unable to 
obtain a CDL in any of the U.S. States due to his lack of residency in 
the United States. A copy of the application is in Docket No. FMCSA-
2018-0347.
    The exemption would allow Mr. Douay to operate CMVs in interstate 
or intrastate commerce to support Navistar field tests designed to meet 
future vehicle safety and environmental requirements and to promote 
technological advancements in vehicle safety systems and emissions 
reductions. Mr. Douay needs to drive Navistar vehicles on public roads 
to better understand ``real world'' environments in the U.S. market. 
According to Navistar, Mr. Douay will typically drive for no more than 
6 hours per day for 2 consecutive days, and that 50 percent of the test 
driving will be on two-lane State highways, while 50 percent will be on 
Interstate highways. The driving will consist of no more than 250 miles 
per day, for a total of 500 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.
    Mr. Douay holds a valid German commercial license, and as explained 
by Navistar in its exemption request, the requirements for that license 
ensure that, operating under the exemption, he would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation. Furthermore, according to Navistar, 
Mr. Douay is familiar with the operation of CMVs worldwide. Navistar

[[Page 64932]]

requests that the exemption cover the maximum allowable duration of 5 
years.
    A copy of Navistar's application for exemption is available for 
review in the docket for this notice.

    Issued on: December 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-27339 Filed 12-17-18; 8:45 am]
 BILLING CODE 4910-EX-P