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Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 27 April 2022 Subjects: American Government  , Driver Licensing, Trucking
Topic: Mercedes-Benz Group |
[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25081-25082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08935]
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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
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (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 Daimler
Trucks North America (Daimler) for nine of its commercial motor vehicle
(CMV) drivers, identified below. Under this exemption, the nine drivers
are not subject to the commercial driver's license (CDL) requirements
and therefore are exempt from the requirements of the Agency's drug and
alcohol regulations. This exemption will permit the Daimler drivers to
test-drive Daimler vehicles on U.S. roads to better understand product
requirements in “real world” environments, and verify results. FMCSA
reviewed the drivers' commercial license records provided by Daimler,
and believes the requirements for a German commercial license, the work
restrictions imposed on Daimler drivers because of nonimmigrant visa
requirements, and the terms and conditions set forth below will ensure
that Daimler's operation, 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 April 27, 2022 and expires April 27,
2027.
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. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente; FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202) 366-4325; MCPSD@dot.gov. If you have questions
on viewing or submitting material to the docket, contact Dockets
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, as well as documents mentioned in this notice 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 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 Dockets Operations in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, 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 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 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
Under 49 CFR 383.23, no person subject to the CDL requirements
shall operate a CMV unless such person has taken and passed certain
knowledge and driving skills tests. Such drivers are also subject to
the controlled substances and alcohol testing requirements of 49 CFR
part 382, including the Drug and Alcohol Clearinghouse (Clearinghouse)
requirements set forth in 49 CFR part 382, subpart G.
The Clearinghouse is a central repository of drivers' drug and
alcohol program violations. Under the Clearinghouse regulations in 49
CFR part 382, subpart G, employers are required to query the system to
determine whether current and prospective employees have incurred a
drug or alcohol program violation that would prohibit them from
performing safety-sensitive functions as defined in 49 CFR 382.107.
Additionally, employers are required to report driver drug and alcohol
program violations to the Clearinghouse.
IV. Applicant's Request
Daimler has requested an exemption from 49 CFR 383.23, which states
that no person may operate a CMV, as defined in 49 CFR 383.5, until
passing the applicable knowledge and skills test necessary to obtain a
Commercial Learner's Permit (CLP) or CDL. Daimler further requested an
exemption for the nine drivers from the Clearinghouse requirements of
49 CFR part 382, subpart G, stating that, for a driver to register and
for a motor carrier to conduct full/limited queries and/or report
violations to the Clearinghouse, a valid State-issued CDL number is
required.
The following drivers would be covered by the exemption: Manfred
Wilhelm Guggolz, Thorsten Sascha Kugel, Steffen Keppeler, Lars Nock,
Jorg Wolfgang Spielvogel, Frank-Michael Kircher, Jochen Hans Horwath,
Dominik Cammerer, and Carsten Schewe. Each of these drivers has a valid
German commercial license. The exemption would allow these nine drivers
to operate CMVs in interstate commerce to support Daimler field tests
to meet future vehicle safety and environmental regulatory
requirements, and to promote the development of technology advancements
in vehicle safety systems and emissions reductions. Daimler
[[Page 25082]]
stated that the drivers would be in country for no more than six weeks
per year.
V. 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
these drivers had a CDL issued by one of the States. Daimler explained
that the drivers are 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 each of the nine
drivers. Daimler also stated that the drivers would comply with the
requirements of the drug and alcohol program, with the exception of the
Clearinghouse requirements, to ensure safety equivalency.
VI. Public Comments
On December 9, 2020, FMCSA published notice of the Daimler
application and requested public comments (85 FR 79260). The Agency
received one comment from a private citizen; Mr. Mark Whelan, who
questioned why the Daimler drivers should not be required to obtain a
State-issued CDL and undergo drug testing.
VII. 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 the drivers can safely operate a CMV
in the United States.
Under this exemption, the Daimler drivers would not be subject to
the drug and alcohol testing requirements, set forth in 49 CFR part
382, which apply only to drivers who are subject to the CDL
requirements in 49 CFR part 383, the Canadian National Safety Code, or
the Licencia Federal de Conductor (Mexico), and to their employers (49
CFR 382.103(a)). Therefore, to ensure a likely equivalent level of
safety, the terms and conditions of this exemption require that Daimler
implement a corporate drug and alcohol testing program substantially
equivalent to the testing requirements in part 382. FMCSA determines
that because the Daimler drivers are not subject to 49 CFR part 382, an
exemption from the Clearinghouse requirements in subpart G is
unnecessary.
Based on the information provided by Daimler, as described in
section IV, including the drivers' experience and safety records, FMCSA
concludes that the exemption, subject to the terms and conditions set
forth in section VIII, 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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VIII. Terms and Conditions for the Exemption
This exemption applies only to the following Daimler drivers:
Manfred Wilhelm Guggolz, Thorsten Sascha Kugel, Steffen Keppeler, Lars
Nock, Jorg Wolfgang Spielvogel, Frank-Michael Kircher, Jochen Hans
Horvath, Dominik Cammerer, and Carsten Schewe. These drivers are
granted an exemption from the CDL requirement in 49 CFR 383.23 to allow
them to drive CMVs in the United States without a State-issued CDL.
Consequently, the drivers are not subject to the requirements of 49 CFR
part 382, including the Clearinghouse requirements in subpart G. When
operating under this exemption, the Daimler drivers are subject to the
following terms and conditions:
(1) The drivers and Daimler must comply with all other applicable
Federal Motor Carrier Safety Regulations (49 CFR parts 350-399);
(2) The drivers must be able to provide this exemption document to
enforcement officials;
(3) The drivers must be in possession of a valid German commercial
driver's license;
(4) The drivers must be employed by Daimler and must operate the
CMV within the scope of their duties for Daimler;
(5) At all times while operating a CMV under this exemption, the
drivers must be accompanied by a holder of a State-issued CDL who is
familiar with the routes traveled;
(6) Daimler must notify FMCSA in writing if any of these drivers is
convicted of an offense listed in Sec. 383.51 or a disqualifying
offense under Sec. 391.15 of the Federal Motor Carrier Safety
Regulations; and
(7) Daimler must implement a drug and alcohol testing program
substantially equivalent to the applicable requirements in 49 CFR part
382, subparts A-F, and require that the drivers be subject to those
requirements.
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 accident (as defined in 49 CFR 390.5), involving any of the
Daimler drivers while operating a CMV under the terms of this
exemption. The notification must include the following information:
a. Identifier of the Exemption: ``Daimler;''
b. Name of operating carrier and USDOT number;
c. Date of the accident;
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.
IX. Termination
FMCSA has no reason to believe the motor carrier and drivers
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,
Deputy Administrator.
[FR Doc. 2022-08935 Filed 4-26-22; 8:45 am]
BILLING CODE 4910-EX-P