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

Larry W. Minor
Federal Motor Carrier Safety Administration
24 October 2019

[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57155-57156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23196]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0131]


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

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 Teupen North America, Inc. (Teupen) has 
requested an exemption from the commercial driver's license (CDL) 
requirement for Mr. Martin Borutta, a Lead Engineer for Teupen, who 
holds a valid German commercial license and wants to transport Teupen's 
aerial lift product to various sites in the U.S. for testing. Teupen 
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 Teupen's 
application for exemption.

DATES: Comments must be received on or before November 25, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2019-0131 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. Richard Clemente, 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 and Request for Comments

    FMCSA encourages your participation by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2019-0131), 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-2019-0131'' 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).

[[Page 57156]]

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)).

Request for Exemption

    Teupen has applied for an exemption for Martin Borutta from 49 CFR 
383.23, which prescribes licensing requirements for drivers operating 
commercial motor vehicles (CMVs) in interstate or intrastate commerce. 
Mr. Borutta, holds a valid German commercial license but is unable to 
obtain a CDL because he is not a U.S. resident. A copy of the 
application is in Docket No. FMCSA-2019-0131.
    The exemption would allow Mr. Borutta to operate CMVs in interstate 
or intrastate commerce to transport Teupen's aerial lift product--also 
called a mobile elevated work platform (MEWP)--to various locations to 
test its operational safety. Mr. Borutta would typically drive for no 
more than 5 hours per day for one to two days. The driving would 
typically be done on interstate highways, and would consist of no more 
than 200 miles per day. In all cases, he would be accompanied by a U.S. 
CDL holder who is familiar with the routes to be traveled. Teupen 
requests that the exemption be allowed for a duration of six months.
    Mr. Borutta holds a valid German commercial license and, as 
explained by Teupen in its exemption request, the requirements for that 
license ensure that the same level of safety would be met or exceeded 
as if this driver had a U.S. CDL

IV. Method To Ensure an Equivalent or Greater Level of Safety

    FMCSA has determined previously 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 2015, FMCSA has granted similar 
exemptions to drivers for Daimler, another German company: [March 27, 
2015 (80 FR 16511); October 5, 2015 (80 FR 60220); December 7, 2015 (80 
FR 76059); December 21, 2015 (80 FR 79410)]; July 12, 2016 (81 FR 
45217); July 25, 2016 (81 FR 48496); August 17, 2017 (82 FR 39151); 
September 10, 2018 (83 FR 45742).]

    Issued on: October 17, 2019.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2019-23196 Filed 10-23-19; 8:45 am]
 BILLING CODE 4910-EX-P