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

Topics:  Daimler AG

Larry W. Minor
Federal Motor Carrier Safety Administration
8 September 2020

[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Pages 55572-55574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19808]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]


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

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

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

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[[Page 55573]]

SUMMARY: FMCSA announces that Daimler Trucks North America, LLC 
(Daimler) has requested an exemption from the commercial driver's 
license (CDL) requirement for nine of its commercial motor vehicle 
(CMV) drivers. Daimler also requested an exemption from the requirement 
to register CDL holders in the Drug and Alcohol Clearinghouse (DAC) for 
the same drivers. All nine drivers hold a valid German commercial 
license and will be test driving Daimler vehicles on U.S. roads to 
better understand product requirements in ``real world'' environments, 
and verify results. Daimler believes that the requirements for a German 
commercial license ensure that the same level of safety is met or 
exceeded as if these drivers had a U.S. CDL. FMCSA requests public 
comments on Daimler's application for exemption.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2012-0032 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Send comments to Docket Operations, 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: Deliver comments to Docket 
Operations, 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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Docket 
Operations.
     Fax: (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 Docket 
Operations in 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. To be sure someone 
is there to help you, please call (202) 366-9317 or (202) 366-9826 
before visiting Docket Operations.
    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; (202) 366-4225, MCPSD@dot.gov. If you have questions 
on viewing or submitting material to the docket, contact Docket 
Operations, (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.

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-2012-0032'' in the ``Keyword'' box and click 
``Search.'' Next, click ``Open Docket Folder'' button and choose the 
document listed to review. If you do not have access to the internet, 
you may view the docket online by visiting Docket Operations 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. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Docket Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of 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. Background

    The CDL requirements for drivers operating CMVs in interstate or 
intrastate commerce are set forth in 49 CFR part 383. The nine Daimler 
drivers, however, are citizens of Germany, and therefore cannot apply 
for a CDL in any of the States. The rules in 49 CFR part 382, subpart G 
require motor carriers to register all employees subject to controlled 
substance and alcohol testing, including CDL holders, in the DAC. The 
DAC does not have the capability to register German commercial license 
holders. Daimler therefore requests both a CDL and a DAC exemption for 
the following nine drivers who are also development engineers: Manfred 
Wilhelm Guggolz,

[[Page 55574]]

Thorsten Sascha Kugel, Steffen Keppeler, Lars Nock, Jorg Wolfgang 
Spielvogel, Frank-Michael Kircher, Jochen Hans Horwath, Dominik 
Cammerer, and Carsten Schewe. A copy of Daimler's application for 
exemption is included in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on Daimler's exemption application. 
All comments received before the close of business on the comment 
closing date indicated at the beginning of this notice will be 
considered and will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice. Comments 
received after the comment closing date will be filed in the public 
docket and will be considered to the extent practicable. In addition to 
late comments, FMCSA will also continue to file, in the public docket, 
relevant information that becomes available after the comment closing 
date. Interested persons should continue to examine the public docket 
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-19808 Filed 9-4-20; 8:45 am]
BILLING CODE 4910-EX-P