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Commercial Driver's License: Daimler; Application for Exemption; Daimler Truck North America LLC (Daimler) Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 12 May 2023 Subjects: American Government  , Trucking
Topics: Dr. Andreas Gorbach, Mercedes-Benz Group |
[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30830-30832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10108]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0032]
Commercial Driver's License: Daimler; Application for Exemption;
Daimler Truck North America LLC (Daimler)
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 from the
commercial driver's license (CDL) requirements to Daimler Truck North
America LLC (Daimler) for one commercial motor vehicle (CMV) driver, Dr
Andreas Gorbach, Executive Vice President and Board of Management
Member for Daimler. Dr. Gorbach holds a valid German commercial license
and wants to operate CMVs in interstate or intrastate commerce to
support Daimler field tests designed to meet future vehicle safety and
environmental requirements. FMCSA reviewed Dr.
[[Page 30831]]
Gorbach's commercial license records provided by Daimler and believes
the requirements for a German commercial license will ensure that Dr.
Gorbach's operation of a CMV under this 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.
DATES: The exemption is effective May 12, 2023 and expires May 12,
2028.
FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at (202) 385-2415 or by email at
bernadette.walker@dot.gov. If you have questions on viewing or
submitting material to the docket, contact Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2012-0032'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2012-0032'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets 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., 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 Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) 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 in accordance with 49 U.S.C.
31315(b)(1). The Agency's decision 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. Current Regulatory Requirements
Current Regulation(s) Requirements
Under 49 CFR 383.23, no person shall operate a CMV without having
taken and passed knowledge and driving skills tests for a commercial
learner's permit or CDL that meet the Federal standards contained in
subparts F, G, and H of 49 CFR part 383 for the CMV that person
operates or expects to operate.
Applicant's Request
Daimler has applied for an exemption for Dr. Andreas Gorbach from
49 CFR 383.23, which prescribes licensing requirements for drivers
operating CMVs in interstate or intrastate commerce. Dr. Gorbach is
unable to obtain a CDL due to his lack of residency in the United
States. The exemption would enable Dr. Andreas Gorbach to operate CMVs
in interstate or intrastate commerce to support Daimler field tests
designed to meet future vehicle safety and environmental requirements.
Daimler requests that the exemption cover the maximum allowable
duration of five years.
IV. Method To Ensure an Equivalent or Greater 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
this driver had a CDL issued by one of the States. Daimler asserts that
Dr. Gorbach will be accompanied at all times by an experienced Daimler
CDL holder who is familiar with the routes to be traveled in case of
any unforeseen circumstance. Additionally, Daimler provided a statement
of Dr. Gorbach's driving history.
V. Public Comments
On October 17, 2022, FMCSA published notice of the Daimler
application and requested public comments (87 FR 62918). The Agency
received one comment in support of the application; the commenter made
the following statement: ``I believe that Dr. Andreas Gorbach will not
cause undo harm to other[s] if allowed to drive with his German CDL in
the United States.''
VI. FMCSA Decision
FMCSA has determined that the process for obtaining a CDL in
Germany is comparable to the process for obtaining a State-issued CDL
and therefore adequately ensures that this driver can safely operate a
CMV in the United States. Based on the information provided by Daimler,
as described in section IV, including the driver's experience and
safety record, FMCSA concludes that the exemption, subject to the terms
and conditions set forth in section VII, 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 49 U.S.C.
31315(b)(1).\1\
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\1\ FMCSA has granted Daimler drivers similar exemptions: July
22, 2014 (79 FR 42626); 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); and September 28, 2020 (85 FR 60782).
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VII. Terms and Conditions for the Exemption
This exemption applies only to Daimler driver Dr. Andreas Gorbach.
This driver is granted an exemption from the CDL requirement in 49 CFR
383.23 to allow him to drive CMVs in the United States without a State-
issued CDL. When operating under this exemption, the driver is subject
to the following terms and conditions:
(1) The driver and Daimler must comply with all other applicable
provisions of the Federal Motor Carrier Safety Regulations (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 his duties for Daimler;
(4) At all times while operating a CMV under this exemption, the
driver must be accompanied by a holder of a State-issued CDL who is
familiar with the routes traveled;
(5) Daimler must notify FMCSA in writing within 5 business days of
any accident, as defined in 49 CFR 390.5, involving Dr. Gorbach;
(6) Daimler must notify FMCSA in writing if Dr. Gorbach is
convicted of an offense listed in Sec. 383.51 or a disqualifying
offense under Sec. 391.15 of
[[Page 30832]]
the Federal Motor Carrier Safety Regulations; and
(7) Daimler must subject the driver to a drug and alcohol testing
program substantially equivalent to the requirements in 49 CFR part 382
(excluding the Clearinghouse requirements in subpart G). Daimler must
ensure that the testing program for Dr. Gorbach complies with the
procedures set forth in 49 CFR part 40, as required by 49 CFR 382.105.
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 commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
Notification to FMCSA
Under the exemption, Daimler must notify FMCSA within 5 business
days of any positive drug or alcohol tests or test refusal, or accident
(as defined in 49 CFR 390.5), involving Dr. Andreas Gorbach while
operating a CMV under the terms of this exemption. The notification
about accidents must include the following information:
a. Identifier of the Exemption: ``Daimler--Dr. Gorbach;''
b. Name of operating carrier and USDOT number;
c. Date of the accident or date of the positive test result or
refusal;
d. City or town, and State, in which the accident occurred, or
closest to the accident scene;
e. Driver's name and license number;
f. Co-driver's name (if any) and license number;
g. Vehicle number and State license number;
h. Number of individuals suffering physical injury;
i. Number of fatalities;
j. The police-reported cause of the accident, if provided by the
enforcement agency;
k. Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
l. The total on-duty time accumulated during the 7 consecutive days
prior to the date of the accident, and the total on-duty time and
driving time in the work shift prior to the accident.
VIII. Termination
FMCSA has no reason to believe the motor carrier and driver covered
by this exemption will experience any deterioration of their safety
record. However, should this occur, FMCSA will take all steps necessary
to protect the public interest, including revocation of the exemption.
FMCSA will immediately revoke the exemption for failure to comply with
its terms and conditions.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-10108 Filed 5-11-23; 8:45 am]
BILLING CODE 4910-EX-P