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

Jim Mullen
Federal Motor Carrier Safety Administration
11 March 2020

[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14288-14289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04940]


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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.

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant an exemption from the 
commercial driver's license (CDL) regulations to Teupen North America, 
Inc. (Teupen) for one driver, Mr. Martin Borutta, Lead Engineer for 
Teupen. Mr. Borutta holds a valid German commercial license and wants 
to test drive Teupen's new aerial lift design vehicle on U.S. roads to 
better understand product requirements for safe application in the U.S. 
market, and verify results. FMCSA 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 March 11, 2020 and expires March 11, 
2025.

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: 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

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-2019-0131'' 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

[[Page 14289]]

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

    Teupen applied for an exemption for Mr. Martin Borutta from 49 CFR 
383.23, which prescribes licensing requirements for drivers operating 
commercial motor vehicles (CMVs) in interstate or intrastate commerce. 
He holds a valid German commercial license but is unable to obtain a 
CDL because he not domiciled in this country. A copy of the exemption 
application is in the docket referenced at the beginning of this 
notice.
    The exemption would allow this driver to operate CMVs in interstate 
or intrastate commerce to support Teupen field tests designed to better 
understand product requirements and ensure the safe operation of their 
new aerial lift design vehicle in environments in the U.S. According to 
Teupen, Mr. Borutta will typically drive for no more than 5 hours per 
day for one to two days. The test driving will typically be done on 
interstate highways, and driving will consist of no more than 200 miles 
per day. He will in all cases be accompanied by a U.S. CDL holder 
familiar with the routes to be traveled.
    Mr. Borutta holds a valid German commercial license, and as 
explained by Teupen in its exemption request, the requirements for that 
license ensure that, operating under the exemption, Mr. Borutta would 
likely achieve a level of safety equivalent to or greater than the 
level that would be achieved by the current regulation. Teupen requests 
that the exemption cover the maximum allowable period of five years.

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

    Teupen notes 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 granted one of Navistar's drivers a similar 
exemption [April 15, 2019 (84 FR 15283)]. Since 2015, the Agency has 
also granted Daimler drivers similar exemptions: [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); and 
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 October 24, 2019, FMCSA published notice of this application and 
requested public comments (84 FR 57155). One commenter stated: ``Concur 
with request for exemption. Additionally, as this scenario is possibly 
encountered by military spouses without U.S. citizenship, recommend 
review of the regulation to consider possibilities for inclusive 
language while still maintaining safety standards.''

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. Borutta's 
extensive driving experience and safety record, 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). The requirements 
for a German-issued commercial license ensure that drivers meet or 
exceed the same level of safety as if these drivers had obtained a U.S. 
CDL. Mr. Borutta is familiar with the operation of CMVs and will be 
accompanied at all times by a driver who holds a U.S. CDL and is 
familiar with the routes to be traveled. FMCSA has determined that the 
process for obtaining a commercial license in Germany is comparable to 
that for obtaining a CDL issued by one of the States and adequately 
assesses the driver's ability to operate CMVs safely in the United 
States.

VII. Terms and Conditions for the Exemption

    FMCSA grants Teupen driver Martin Borutta an exemption from the CDL 
requirement in 49 CFR 383.23 to allow him to drive CMVs in this country 
without a State-issued CDL, subject to the following terms and 
conditions:
    (1) The driver and carrier must comply will all other applicable 
provisions of the FMCSRs (49 CFR parts 350-399);
    (2) the driver must be in possession of the exemption document and 
a valid German commercial license;
    (3) the driver must be employed by and operate the CMV within the 
scope of their duties for Teupen;
    (4) at all times while operating a CMV under this exemption, the 
driver must be accompanied by a holder of a U.S. CDL who is familiar 
with the routes traveled;
    (5) Teupen must notify FMCSA in writing within 5 business days of 
any accident, as defined in 49 CFR 390.5, involving this driver; and
    (6) Teupen must notify FMCSA in writing if this driver is 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. Borutta 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

    Pursuant to 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: February 19, 2020.
Jim Mullen,
Acting Administrator.
[FR Doc. 2020-04940 Filed 3-10-20; 8:45 am]
BILLING CODE 4910-EX-P