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

Topics:  MAN, Thomas Nickels, Lukas Walter

Jim Mullen
Federal Motor Carrier Safety Administration
21 November 2019

[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64400-64401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25342]


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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 final disposition; granting of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant an exemption to 
Navistar, Inc. (Navistar) and two drivers from the commercial driver's 
license (CDL) regulations for commercial motor vehicle (CMV) drivers, 
Mr. Thomas Nickels, Senior Vice President, Engineering Optimization, 
with MAN Truck & Bus SE (MAN) in Munich, Germany, and Mr. Lukas Walter, 
Senior Vice President, Engineering Powertrain for MAN, each of whom 
holds a valid German commercial license. MAN is partnering with 
Navistar to develop technological advancements in fuel economy and 
emissions reductions. Mr. Nickels and Mr. Walter need to test drive 
Navistar vehicles on U.S. roads to better understand product 
requirements in ``real world'' environments and verify results. 
Navistar believes that the requirements for a German commercial license 
ensure that operations under the exemption would likely achieve a level 
of safety equivalent to or greater than the level that would be 
obtained in the absence of the exemption.

DATES: This exemption is effective November 21, 2019 and expires 
November 21, 2024.

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 Federal Docket Management System 
(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: 202-366-4325. 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

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-2018-0347 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 Agency's 
decision must be published in the Federal Register (49 CFR 381.315(b)) 
with the reason for the granting or denial, and, if granted, the 
specific person or class of persons receiving the exemption and the 
regulatory provision or provisions from which the exemption is granted. 
The notice must 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 Mr. Thomas Nickels and 
Mr. Lukas Walter from 49 CFR 383.23, which prescribes licensing 
requirements for drivers operating CMVs in interstate or intrastate 
commerce. Both drivers are unable to obtain a CDL in any of the U.S. 
States due to their lack of residency in the United States. Copies of 
the exemption applications are included in the docket referenced at the 
beginning of this notice.
    The exemption would allow these drivers to operate CMVs in 
interstate or intrastate commerce to help develop technology 
advancements in fuel economy and emissions reductions. Mr. Nickels and 
Mr. Walter need to drive Navistar vehicles on public roads to better 
understand product requirements for these systems in ``real world'' 
environments in the U.S. market. According to Navistar, both drivers 
will drive typically for no more than 8 hours per day for 2 consecutive 
days with 50 percent of the test driving on two-lane State highways and 
50 percent on Interstate highways. The driving will consist of no more 
than 600 miles during a two-day period, at 300 miles per day. In all 
cases, drivers will be

[[Page 64401]]

accompanied by a U.S. CDL holder familiar with the routes to be 
traveled.
    Mr. Nickels and Mr. Walter hold valid German commercial licenses 
and, as explained by Navistar in its exemption request, the 
requirements for that license ensure that, operating under the 
exemption, these drivers would likely achieve a level of safety 
equivalent to or greater than the level that would be achieved by the 
current regulation. Furthermore, Navistar asserts that both drivers are 
familiar with the operation of CMVs worldwide. Navistar requests that 
the exemption cover the maximum allowable duration of 5 years.

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

    As for an equivalent level of safety, Navistar states 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. The Agency recently 
granted one of Navistar's drivers a similar exemption [April 15, 2019 
(84 FR 15283)]. Since 2015, the Agency has granted Daimler drivers 
similar exemptions: [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)]. The 
Agency has not received any information or reports indicating there 
have been safety performance problems with individuals holding German 
commercial licenses who operate CMVs on public roads in the United 
States.

V. Public Comments

    On June 19, 2019, FMCSA published notice of this application and 
requested public comments (84 FR 28618). No comments were submitted to 
the docket.

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. Nickels' 
and Mr. Walter's extensive driving experience and safety records, FMCSA 
has 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 Navistar, Mr. Thomas Nickels, and Mr. Lukas Walter an 
exemption from the CDL requirement in 49 CFR 383.23 to allow Mr. 
Nickels and Mr. Walter to drive CMVs in this country without a State-
issued CDL, subject to the following terms and conditions:
    (1) The drivers and carrier must comply with all other applicable 
provisions of the FMCSRs (49 CFR parts 350-399);
    (2) The drivers must be in possession of the exemption document and 
a valid German commercial license;
    (3) The drivers must be employed by and operate the CMV within the 
scope of duties for Navistar or its partner MAN;
    (4) At all times while operating a CMV under this exemption, the 
drivers must be accompanied by a holder of a U.S. CDL who is familiar 
with the routes traveled;
    (5) Navistar must notify FMCSA in writing within 5 business days of 
any accident, as defined in 49 CFR 390.5, involving these drivers; and
    (6) Navistar must notify FMCSA in writing if these drivers are 
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) Mr. Nickels or Mr. Walter 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: November 15, 2019.
 Jim Mullen,
 Deputy Administrator.
[FR Doc. 2019-25342 Filed 11-20-19; 8:45 am]
BILLING CODE 4910-EX-P