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

Topics:  Daimler AG, Gesa Reimelt

Larry W. Minor
Federal Motor Carrier Safety Administration
19 August 2021

[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46752-46753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17789]



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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), Department 
of Transportation (DOT).

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

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SUMMARY: FMCSA announces that Daimler Trucks North America, LLC 
(Daimler) has requested an exemption from the commercial driver's 
license (CDL) requirements for one of its drivers, Gesa Reimelt. 
Daimler also requested an exemption for the same driver from the 
requirement to register CDL holders in the Drug and Alcohol 
Clearinghouse (Clearinghouse). Ms. Reimelt has a valid German 
commercial license and will test drive 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 this driver had a U.S. CDL.

DATES: Comments must be received on or before September 20, 2021.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2012-0032 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: 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: 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.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2012-0032). 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 20590-0001 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 regulatory 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; 202-366-2722. 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 ``Search'' box, and click 
``Search.'' When the new screen appears, click on ``Documents'' button, 
then click the ``Comment'' button associated with the latest notice 
posted. Another screen will appear, insert the required information. 
Choose whether you are submitting your comment as an individual, an 
organization, or anonymous. Click ``Submit Comment''.
    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 materials received during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain 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 safety analyses and public comments submitted 
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 reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period (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

Current Regulation(s) Requirements

    Under 49 CFR 383.23, no person shall operate a commercial motor 
vehicle (CMV) unless such person has taken and passed the knowledge and 
driving skills tests for a commercial learner's permit or CDL that meet 
the Federal standards in subparts F, G, and H of part 383 for the CMV 
that person operates or expects to operate. The Clearinghouse maintains 
records of all drug and alcohol program violations in a central 
repository and requires that employers query the system to determine 
whether current and prospective employees have verified drug or alcohol 
violations that would prohibit them from performing safety-sensitive 
functions under the FMCSA and U.S. Department of Transportation drug 
and alcohol testing regulations.

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Applicant's Request

    Daimler has requested an exemption from 49 CFR 383.23 for Gesa 
Reimelt, because she is unable to obtain a CDL due to her lack of 
residency in the United States. Daimler further requested an exemption 
for the driver from the Clearinghouse requirements of 49 CFR part 382, 
subpart G, stating that, for a driver to register and for a motor 
carrier to run full/limited queries and/or report violations to the 
Clearinghouse, a valid State-issued CDL number is required.
    Daimler's Development Engineer/Driver Gesa Reimelt has a valid 
German commercial license. The exemption would allow Ms. Reimelt to 
operate a CMV in interstate commerce to support Daimler field tests to 
meet future regulatory requirements, and to promote the development of 
improved safety and emissions technologies. Daimler stated that the 
driver would be in country for no more than six weeks per year.

IV. Equivalent Level of Safety

    According to Daimler, the requirements for a German commercial 
license ensure that the same level of safety is met or exceeded as if a 
driver had a CDL issued by one of the States. Daimler explained that 
Ms. Reimelt is familiar with the operation of CMVs worldwide and would 
be accompanied at all times by a driver who holds a State-issued CDL 
and is familiar with the routes to be traveled. Additionally, Daimler 
provided statements of driving history for its driver.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Daimler's application for an 
exemption from 49 CFR 383.23. The Agency is not seeking comment on 
Daimler's request for an exemption from the Clearinghouse requirements, 
because 49 CFR part 382, subpart G is not applicable to a driver who 
does not hold a CDL. 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. 2021-17789 Filed 8-18-21; 8:45 am]
BILLING CODE 4910-EX-P