[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Notices]
[Pages 39152-39153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17392]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0032]
Commercial Driver's License Standards: Application for Renewal of
Exemption; Daimler Trucks North America (Daimler)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; granting of application for
renewal of exemption.
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SUMMARY: FMCSA announces its decision to grant Daimler Trucks North
America's (Daimler) application for renewal of an exemption from the
requirement for a commercial driver's license (CDL) for one of its
commercial motor vehicle (CMV) drivers, Sven Ennerst. Mr. Ennerst has
operated safely under this exemption since July 22, 2014. The renewal
allows Mr. Ennerst, a Daimler engineering executive who holds a German
commercial license, to continue to test-drive Daimler CMVs on U.S.
roads to improve Daimler's understanding of product requirements in
``real world'' environments. FMCSA has concluded that this exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved if Mr. Ennerst were required to
obtain a U.S. CDL.
DATES: This exemption is renewed effective July 22, 2017 and will
expire July 22, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 614-942-6477. 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
[[Page 39153]]
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 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 the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Daimler Application for Exemption Renewal
Daimler has applied for a renewal of an exemption for one of its
engineers from 49 CFR 383.23, which prescribes licensing requirements
for drivers operating CMVs in interstate or intrastate commerce. This
driver, Sven Ennerst, 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 request for renewal, dated February 15,
2017, is in the docket identified at the beginning of this notice.
Effective July 22, 2015, FMCSA renewed for 2 years Mr. Ennerst's
previous 1-year exemption (80 FR 45576, July 30, 2015). That exemption
expired on July 22, 2017. Detailed information about the qualifications
and experience of Mr. Ennerst was provided by Daimler in its original
application, a copy of which is in the docket referenced above. Renewal
of the exemption will enable Mr. Ennerst to operate CMVs in interstate
or intrastate commerce to support Daimler field tests designed to meet
future vehicle safety and environmental requirements and to develop
improved safety and emission technologies. According to Daimler, Mr.
Ennerst 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. He will in
all cases be accompanied by a holder of a U.S. CDL who is familiar with
the routes to be traveled. Daimler requests that the exemption cover
the maximum allowable duration of 5 years.
Daimler has explained in prior exemption requests that the German
knowledge and skills tests and training program ensure that Daimler's
drivers operating under the exemption will achieve a level of safety
that is equivalent to, or greater than, the level of safety obtained by
complying with the U.S. requirement for a CDL.
IV. Method To Ensure an Equivalent or Greater Level of Safety
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); July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496)].
V. Public Comments
On May 15, 2017, FMCSA published notice of this application and
requested public comments (82 FR 22371). No comments were submitted.
VI. FMCSA Decision
Based upon the merits of this application, including Mr. Ennerst's
extensive driving experience and safety record, FMCSA has 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).
VII. Terms and Conditions for the Exemption
FMCSA grants Daimler and Sven Ennerst an exemption from the CDL
requirement in 49 CFR 383.23 to allow Mr. Ennerst 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 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 5 years unless revoked earlier by the FMCSA. The exemption
will be revoked if: (1) Mr. Ennerst 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: August 5, 2017.
Randi F. Hutchinson,
Chief Counsel.
[FR Doc. 2017-17392 Filed 8-16-17; 8:45 am]
BILLING CODE 4910-EX-P