[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60220-60222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25130]
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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 (Daimler)
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 Daimler Trucks North
America's (Daimler) application for an exemption to allow a Daimler
employee to drive commercial motor vehicles (CMV) in the United States
without having a commercial driver's license (CDL) issued by one of the
States. The driver, Christian Urban, will test-drive Daimler vehicles
on U.S. roads to better understand product requirements for these
vehicles in ``real world'' environments and verify results. He holds a
valid German commercial
[[Page 60221]]
license but lacks the U.S. residency necessary to obtain a CDL issued
by one of the States. FMCSA believes that the process for obtaining a
German commercial license is comparable to or as effective as the U.S.
CDL requirements and ensures that this driver will likely achieve a
level of safety that is equivalent to or greater than the level of
safety that would be obtained in the absence of the exemption.
DATES: This exemption is effective October 5, 2015 and expires October
5, 2017.
FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325, Email: [email protected],
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE.
Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, 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 document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Secretary of Transportation (the Secretary) has the authority
to grant exemptions from any of the Federal Motor Carrier Safety
Regulations (FMCSRs) issued under chapter 313 or Sec. 31136 of title
49, United States Code, to a person(s) seeking regulatory relief (49
U.S.C. 31136(e), and 31315(b)). Prior to granting an exemption, the
Secretary must request public comment and make a determination that the
exemption is likely to achieve a level of safety that is equivalent to,
or greater than, the level of safety that would be obtained in the
absence of the exemption. Exemptions may be granted for a period of up
to 2 years and may be renewed.
The FMCSA Administrator has been delegated authority under 49 CFR
1.87(e)(1) and (f) to carry out the functions vested in the Secretary
by 49 U.S.C. chapter 313 and subchapters I and III of chapter 311,
relating, respectively, to the CDL program and to CMV programs and
safety regulation.
Background
In the May 25, 2012, Federal Register (77 FR 31422) FMCSA granted
an exemption for two of Daimler's test drivers similar to the one
requested for Mr. Urban. Each held a valid German commercial license
but lacked the U.S. residency necessary to obtain a CDL. FMCSA
concluded that the process for obtaining a German commercial license is
comparable to or as effective as the U.S. CDL requirements and ensures
that these drivers will likely achieve a level of safety equivalent to
or greater than the level that would be obtained in the absence of the
exemption.
Daimler Application for Exemption
Daimler applied for the same CDL exemption for Christian Urban.
Notice of the application was published on June 2, 2015 (80 FR 31452).
No comments were received. A copy of the Daimler request is in the
docket identified at the beginning of this notice. The exemption allows
Mr. Urban to operate CMVs to support Daimler field tests to meet future
vehicle safety and environmental requirements and to promote the
development of technology and advancements in vehicle safety systems
and emissions reductions. He will typically drive for no more than 6
hours per day for 2 consecutive days, and 10 percent of the test
driving will be on two-lane state highways, while 90 percent will be on
interstate highways. The driving will consist of no more than 200 miles
per day, for a total of 400 miles during a two-day period on a
quarterly basis.
Section 383.21 requires CMV drivers in the United States to have a
CDL issued by a State. Mr. Urban is a citizen and resident of Germany.
Only residents of a State can apply for a CDL. Without the exemption,
Mr. Urban would not be able to test-drive prototype CMVs on U.S. roads.
Mr. Urban holds a valid German commercial license and is an
experienced operator of CMVs. In the application for exemption, Daimler
also submitted documentation showing his safe German driving record.
Method To Ensure an Equivalent or Greater Level of Safety
According to Daimler, 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. Urban is
familiar with the operation of CMVs worldwide 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.
FMCSA Decision
Based upon the merits of this application, including Mr. Urban's
extensive driving experience and safety record, and the fact that he
has successfully completed the requisite training and testing to obtain
a German commercial license, FMCSA 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).
Terms and Conditions for the Exemption
FMCSA grants Daimler and Mr. Christian Urban an exemption from the
CDL requirement in 49 CFR 383.23 to allow Mr. Urban to drive CMVs in
this country without a U.S. State-issued CDL, subject to the following
terms and conditions: (1) The driver and carrier must comply with all
other applicable provisions of the Federal Motor Carrier Safety
Regulations (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 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 U.S. 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 this driver; and (6) Daimler 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 2 years unless revoked earlier by the FMCSA. The exemption
will be revoked if (1) Mr. Urban 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.
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
[[Page 60222]]
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: September 25, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-25130 Filed 10-2-15; 8:45 am]
BILLING CODE 4910-EX-P