[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45217-45218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16425]
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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 an exemption to Daimler
Trucks North America (Daimler) for one of its commercial motor vehicle
(CMV) drivers. Daimler requested a five-year exemption from the Federal
requirement to hold a U.S. commercial driver's license (CDL) for Ms.
Melanie Baumann, executive assistant to the head of the Daimler Trucks
and Bus Division. Ms. Baumann holds a valid German commercial license
and wants to test drive Daimler vehicles on U.S. roads to better
understand product requirements in ``real world'' environments, and
verify results. Daimler believes the requirements for a German
commercial license ensure that operation under the 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: This exemption is effective June 30, 2016, and expires June 29,
2021.
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. The on-line FDMS is available 24 hours each
day, 365 days each year.
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: For information concerning this
notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 202-366-4325. Email: [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
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 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 the Docket Management Facility
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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from 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
[[Page 45218]]
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 its terms and conditions. The exemption may be renewed (49 CFR
381.300(b)).
Section 5206(a)(3) of the ``Fixing America's Surface Transportation
Act,'' (FAST Act) [Pub. L. 114-94, 129 Stat. 1312, 1537, Dec. 4, 2015],
amended 49 U.S.C. 31315(b) by adding a new paragraph (2) which permits
exemptions for no longer than five years from their dates of inception,
instead of the previous two years. This statutory provision will be
codified in 49 CFR part 381 in a forthcoming rulemaking.
III. Request for Exemption
Daimler applied for a 30-day waiver and a 5-year exemption from 49
CFR 383.23, which prescribes licensing requirements for drivers
operating CMVs in interstate or intrastate commerce, for one of its
drivers, Ms. Melanie Baumann. Ms. Baumann holds a valid German
commercial license but is unable to obtain a CDL in any of the U.S.
States due to residency requirements. A copy of the application is in
Docket No. FMCSA-2012-0032.
On April 3, 2016, FMCSA granted Ms. Baumann a waiver effective from
June 1 through June 30, 2016, to allow her to drive Daimler vehicles as
described in the application for the exemption. The 5-year exemption
will replace the waiver before it expires. Ms. Baumann needs to drive
Daimler vehicles on public roads to better understand ``real world''
environments in the U.S. market. According to Daimler, Ms. Baumann will
typically drive for no more than 6 hours per day for 2 consecutive
days, and that 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. She will in all
cases be accompanied by a holder of a U.S. CDL who is familiar with the
routes to be traveled.
Ms. Baumann holds a valid German commercial license, and as
explained by Daimler in its exemption request, the requirements for
that license ensure that the same level of safety is met or exceeded as
if this driver had a U.S. CDL. Furthermore, according to Daimler, Ms.
Baumann is familiar with the operation of CMVs worldwide.
FMCSA has previously determined that the process for obtaining a
German commercial license is comparable to, or as effective as, the
requirements of part 383, and adequately assesses the driver's ability
to operate CMVs in the U.S. Since 2012, FMCSA has granted Daimler
drivers similar exemptions [May 25, 2012 (77 FR 31422); 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)].
Public Comments
On April 5, 2016, FMCSA published notice of this application and
requested public comments (81 FR 19702). There were no comments in
opposition or in support of the proposed exemption.
FMCSA Decision
Based upon the merits of this application, including Ms. Baumann's
extensive driving experience and safety record, 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 Melanie Baumann an exemption from the CDL
requirement in 49 CFR 383.23 to allow Ms. Baumann 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
her 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 5 years unless revoked earlier by the FMCSA. The exemption
will be revoked if: (1) Ms. Baumann 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.
VIII. 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 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: June 29, 2016.
T.F. Scott Darling, III,
Acting Administrator .
[FR Doc. 2016-16425 Filed 7-11-16; 8:45 am]
BILLING CODE 4910-EX-P