80_FR_16568 80 FR 16509 - Qualification of Drivers; Exemption Applications; Vision

80 FR 16509 - Qualification of Drivers; Exemption Applications; Vision

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16509-16511
FR Document2015-07050

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 3 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16509-16511]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07050]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0023]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew the exemptions from the 
vision requirement in the Federal Motor Carrier Safety Regulations for 
3 individuals. FMCSA has statutory authority to exempt individuals from 
the vision requirement if the exemptions granted will not compromise 
safety. The Agency has concluded that granting these exemption renewals 
will provide a level of safety that is equivalent to or greater than 
the level of safety maintained

[[Page 16510]]

without the exemptions for these commercial motor vehicle (CMV) 
drivers.

DATES: This decision is effective April 24, 2015. Comments must be 
received on or before April 27, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2013-
0023], using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a comment. Please see the Privacy Act 
heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or 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., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    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: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, 202-366-4001, 
[email protected], FMCSA, Department of Transportation, 1200 New 
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office 
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the vision requirements in 49 CFR 391.41(b)(10), which applies to 
drivers of CMVs in interstate commerce, for a two-year period if it 
finds ``such exemption would likely achieve a level of safety that is 
equivalent to or greater than the level that would be achieved absent 
such exemption.'' The procedures for requesting an exemption (including 
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 3 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 3 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period. They are:

David Doub (IN)
Gregory S. Engleman (KY)
Gale L. Smith (PA)

    The exemptions are extended subject to the following conditions: 
(1) That each individual has a physical examination every year (a) by 
an ophthalmologist or optometrist who attests that the vision in the 
better eye continues to meet the requirements in 49 CFR 391.41(b)(10), 
and (b) by a medical examiner who attests that the individual is 
otherwise physically qualified under 49 CFR 391.41; (2) that each 
individual provides a copy of the ophthalmologist's or optometrist's 
report to the medical examiner at the time of the annual medical 
examination; and (3) that each individual provide a copy of the annual 
medical certification to the employer for retention in the driver's 
qualification file and retains a copy of the certification on his/her 
person while driving for presentation to a duly authorized Federal, 
State, or local enforcement official. Each exemption will be valid for 
two years unless rescinded earlier by FMCSA. The exemption will be 
rescinded if: (1) The person fails to comply with the terms and 
conditions of the exemption; (2) the exemption has resulted in a lower 
level of safety than was maintained before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136(e) and 31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. In accordance with 49 
U.S.C. 31136(e) and 31315, each of the 3 applicants has satisfied the 
entry conditions for obtaining an exemption from the vision 
requirements (78 FR 14405; 78 FR 24296). Each of these 3 applicants has 
requested renewal of the exemption and has submitted evidence showing 
that the vision in the better eye continues to meet the requirement 
specified at 49 CFR 391.41(b)(10) and that the vision impairment is 
stable. In addition, a review of each record of safety while driving 
with the respective vision deficiencies over the past two years 
indicates each applicant continues to meet the vision exemption 
requirements.
    These factors provide an adequate basis for predicting each 
driver's ability to continue to drive safely in interstate commerce. 
Therefore, FMCSA concludes that extending the exemption for each 
renewal applicant for a period of two years is likely to achieve a 
level of safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2013-0023), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so the Agency can contact you if it has questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number, ``FMCSA-2013-0023'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your

[[Page 16511]]

comment as an individual or on behalf of a third party and then submit. 
If you submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. FMCSA will consider all comments 
and material received during the comment period and may change this 
notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number, 
``FMCSA-2013-0023'' in the ``Keyword'' box and click ``Search.'' Next, 
click ``Open Docket Folder'' button, choose the document listed 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.

    Issued on: March 19, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-07050 Filed 3-26-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                  Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices                                                 16509

                                                  evaluated the crash and violation data                  frequency remaining the same for over                 that granting the exemptions would
                                                  for the 5 drivers, some of whom                         2 years. If granted the exemption, he                 achieve a level of safety that is
                                                  currently drive a CMV in intrastate                     would like to drive a CMV. His                        equivalent to or greater than the level
                                                  commerce. The CDLIS and MCMIS were                      physician states that he is supportive of             that would be achieved without the
                                                  searched for crash and violation data on                Mr. Grant receiving an exemption.                     exemption. By granting the exemptions,
                                                  the 5 applicants. For non-CDL holders,                                                                        the interstate CMV industry will gain 5
                                                                                                          Jeffrey M. Phillips
                                                  the Agency reviewed the driving records                                                                       highly trained and experienced drivers.
                                                  from the State licensing agency.                           Mr. Phillips is a 45 year-old driver in            In accordance with 49 U.S.C.
                                                     These exemptions are contingent on                   South Carolina. He has a history of                   31315(b)(1), each exemption will be
                                                  the driver maintaining a stable                         epilepsy and has remained seizure free                valid for 2 years, with annual
                                                  treatment regimen and remaining                         since 1989. He takes anti-seizure                     recertification required unless revoked
                                                  seizure-free during the 2-year exemption                medication with the dosage and                        earlier by FMCSA. The exemption will
                                                  period. The exempted drivers must                       frequency remaining the same since                    be revoked if the following occurs: (1)
                                                  submit annual reports from their                        1994. If granted the exemption, he                    The person fails to comply with the
                                                  treating physicians attesting to the                    would like to drive a CMV. His                        terms and conditions of the exemption;
                                                  stability of treatment and that the driver              physician states he is supportive of Mr.              (2) the exemption has resulted in a
                                                  has remained seizure-free. The driver                   Phillips receiving an exemption.                      lower level of safety than was
                                                  must undergo an annual medical                          William L. Swann                                      maintained prior to being granted; or (3)
                                                  examination by a medical examiner, as                                                                         continuation of the exemption would
                                                  defined by 49 CFR 390.5, following the                     Mr. Swann is a 76 year-old driver in               not be consistent with the goals and
                                                  FCMSA’s regulations for the physical                    Maryland. He has a history of a seizure               objectives of 49 U.S.C. 31136 and 31315.
                                                  qualifications for CMV drivers.                         disorder and has remained seizure free                   FMCSA exempts the following 5
                                                     FMCSA published a notice of receipt                  since 2002. He takes anti-seizure                     drivers for a period of 2 years with
                                                  of application and requested public                     medication with the dosage and                        annual medical certification required:
                                                  comment during a 30-day public                          frequency remaining the same since that               Michael Alimecco (PA); Michael Grant
                                                  comment period in a Federal Register                    time. If granted the exemption, he                    (SC); Jeffrey Phillips (SC); Michael
                                                  notice for each of the applicants. A short              would like to drive a CMV. His                        Swann (MD); and James Zihlke (IA)
                                                  summary of the applicants’                              physician states that he is supportive of             from the prohibition of CMV operations
                                                  qualifications and a discussion of the                  Mr. Swann receiving an exemption.                     by persons with a clinical diagnosis of
                                                  comments received, if any, follows this                 James M. Zihlke                                       epilepsy or seizures. If the exemption is
                                                  section. For applicants who were denied                                                                       still in effect at the end of the 2-year
                                                                                                            Mr. Zihlke is a 31 year-old driver in
                                                  an exemption, a notice will be                                                                                period, the person may apply to FMCSA
                                                                                                          Iowa. He has a history of a single seizure
                                                  published at a later date.                                                                                    for a renewal under procedures in effect
                                                                                                          in December 2010. He has never taken
                                                                                                                                                                at that time.
                                                  D. Comments                                             anti-seizure medication. If granted the
                                                                                                          exemption, he would like to drive a                     Issued on: March 20, 2015.
                                                  Docket # FMCSA–2014–0214                                                                                      Larry W. Minor,
                                                                                                          CMV. His physician states that he is
                                                    On September 18, 2014, FMCSA                          supportive of Mr. Zihlke receiving an                 Associate Administrator for Policy.
                                                  published a notice of receipt of                        exemption.                                            [FR Doc. 2015–07052 Filed 3–26–15; 8:45 am]
                                                  exemption applications and requested                                                                          BILLING CODE 4910–EX–P
                                                  public comment on six individuals (79                   E. Basis for Exemption
                                                  FR 56098; Docket number FMCSA–                            Under 49 U.S.C. 31136(e) and
                                                  2014–22138). The comment period                         31315(b), FMCSA may grant an                          DEPARTMENT OF TRANSPORTATION
                                                  ended on October 20, 2014. No                           exemption from the epilepsy/seizure
                                                  commenters responded to this Federal                    standard in 49 CFR 391.41(b)(8) if the                Federal Motor Carrier Safety
                                                  Register notice. Of the six applicants,                 exemption is likely to achieve an                     Administration
                                                  one was denied. The Agency has                          equivalent or greater level of safety than
                                                                                                                                                                [Docket No. FMCSA–2013–0023]
                                                  determined that the following five                      would be achieved without the
                                                  applicants should be granted an                         exemption. Without the exemption,                     Qualification of Drivers; Exemption
                                                  exemption.                                              applicants will continue to be restricted             Applications; Vision
                                                                                                          to intrastate driving. With the
                                                  Michael G. Alimecco                                                                                           AGENCY: Federal Motor Carrier Safety
                                                                                                          exemption, applicants can drive in
                                                     Mr. Alimecco is a 58 year-old driver                 interstate commerce. Thus, the Agency’s               Administration (FMCSA), DOT.
                                                  in Pennsylvania. He has a history of                    analysis focuses on whether an equal or               ACTION: Notice of renewal of
                                                  seizures and has remained seizure free                  greater level of safety is likely to be               exemptions; request for comments.
                                                  since 1974. He takes anti-seizure                       achieved by permitting each of these
                                                  medication with the dosage and                          drivers to drive in interstate commerce               SUMMARY:   FMCSA announces its
                                                  frequency remaining the same since                      as opposed to restricting the driver to               decision to renew the exemptions from
                                                  2003. If granted an exemption, he would                 driving in intrastate commerce.                       the vision requirement in the Federal
                                                  like to drive a CMV. His physician states                                                                     Motor Carrier Safety Regulations for 3
                                                  he is supportive of Mr. Alimecco                        Conclusion                                            individuals. FMCSA has statutory
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                                                  receiving an exemption.                                    The Agency is granting exemptions                  authority to exempt individuals from
                                                                                                          from the epilepsy standard, 49 CFR                    the vision requirement if the
                                                  Michael L. Grant                                        391.41(b)(8), to 5 individuals based on               exemptions granted will not
                                                    Mr. Grant is a 52 year-old driver in                  a thorough evaluation of each driver’s                compromise safety. The Agency has
                                                  South Carolina. He has a history of                     safety experience, and medical                        concluded that granting these
                                                  seizures and has remained seizure free                  condition. Safety analysis of                         exemption renewals will provide a level
                                                  since 1995. He takes anti-seizure                       information relating to these 5                       of safety that is equivalent to or greater
                                                  medication with the dosage and                          applicants meets the burden of showing                than the level of safety maintained


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                                                  16510                           Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices

                                                  without the exemptions for these                        FMCSA, Department of Transportation,                  the goals and objectives of 49 U.S.C.
                                                  commercial motor vehicle (CMV)                          1200 New Jersey Avenue SE., Room                      31136(e) and 31315.
                                                  drivers.                                                W64–224, Washington, DC 20590–0001.
                                                                                                                                                                III. Basis for Renewing Exemptions
                                                  DATES: This decision is effective April                 Office hours are from 8:30 a.m. to 5 p.m.
                                                                                                          Monday through Friday, except Federal                    Under 49 U.S.C. 31315(b)(1), an
                                                  24, 2015. Comments must be received                                                                           exemption may be granted for no longer
                                                  on or before April 27, 2015.                            holidays.
                                                                                                                                                                than two years from its approval date
                                                  ADDRESSES: You may submit comments                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                                and may be renewed upon application
                                                  bearing the Federal Docket Management                   I. Background                                         for additional two year periods. In
                                                  System (FDMS) numbers: Docket No.                                                                             accordance with 49 U.S.C. 31136(e) and
                                                  [Docket No. FMCSA–2013–0023], using                        Under 49 U.S.C. 31136(e) and 31315,                31315, each of the 3 applicants has
                                                  any of the following methods:                           FMCSA may renew an exemption from                     satisfied the entry conditions for
                                                    • Federal eRulemaking Portal: Go to                   the vision requirements in 49 CFR                     obtaining an exemption from the vision
                                                  http://www.regulations.gov. Follow the                  391.41(b)(10), which applies to drivers               requirements (78 FR 14405; 78 FR
                                                  on-line instructions for submitting                     of CMVs in interstate commerce, for a                 24296). Each of these 3 applicants has
                                                  comments.                                               two-year period if it finds ‘‘such                    requested renewal of the exemption and
                                                    • Mail: Docket Management Facility;                   exemption would likely achieve a level                has submitted evidence showing that
                                                  U.S. Department of Transportation, 1200                 of safety that is equivalent to or greater            the vision in the better eye continues to
                                                  New Jersey Avenue SE., West Building                    than the level that would be achieved                 meet the requirement specified at 49
                                                  Ground Floor, Room W12–140,                             absent such exemption.’’ The                          CFR 391.41(b)(10) and that the vision
                                                  Washington, DC 20590–0001.                              procedures for requesting an exemption                impairment is stable. In addition, a
                                                    • Hand Delivery or Courier: West                      (including renewals) are set out in 49                review of each record of safety while
                                                  Building Ground Floor, Room W12–140,                    CFR part 381.                                         driving with the respective vision
                                                  1200 New Jersey Avenue SE.,
                                                                                                          II. Exemption Decision                                deficiencies over the past two years
                                                  Washington, DC, between 9 a.m. and 5
                                                                                                                                                                indicates each applicant continues to
                                                  p.m., Monday through Friday, except                        This notice addresses 3 individuals                meet the vision exemption
                                                  Federal Holidays.                                       who have requested renewal of their                   requirements.
                                                    • Fax: 1–202–493–2251.                                exemptions in accordance with FMCSA                      These factors provide an adequate
                                                     Instructions: Each submission must                   procedures. FMCSA has evaluated these                 basis for predicting each driver’s ability
                                                  include the Agency name and the                         3 applications for renewal on their                   to continue to drive safely in interstate
                                                  docket number for this notice. Note that                merits and decided to extend each                     commerce. Therefore, FMCSA
                                                  DOT posts all comments received                         exemption for a renewable two-year                    concludes that extending the exemption
                                                  without change to http://                               period. They are:                                     for each renewal applicant for a period
                                                  www.regulations.gov, including any
                                                                                                          David Doub (IN)                                       of two years is likely to achieve a level
                                                  personal information included in a
                                                                                                          Gregory S. Engleman (KY)                              of safety equal to that existing without
                                                  comment. Please see the Privacy Act
                                                                                                          Gale L. Smith (PA)                                    the exemption.
                                                  heading below.
                                                     Docket: For access to the docket to                     The exemptions are extended subject                IV. Public Participation and Request for
                                                  read background documents or                            to the following conditions: (1) That                 Comments
                                                  comments, go to http://                                 each individual has a physical                          FMCSA encourages you to participate
                                                  www.regulations.gov at any time or                      examination every year (a) by an                      by submitting comments and related
                                                  Room W12–140 on the ground level of                     ophthalmologist or optometrist who                    materials.
                                                  the West Building, 1200 New Jersey                      attests that the vision in the better eye
                                                  Avenue SE., Washington, DC, between 9                   continues to meet the requirements in                 Submitting Comments
                                                  a.m. and 5 p.m., Monday through                         49 CFR 391.41(b)(10), and (b) by a                       If you submit a comment, please
                                                  Friday, except Federal holidays. The                    medical examiner who attests that the                 include the docket number for this
                                                  Federal Docket Management System                        individual is otherwise physically                    notice (FMCSA–2013–0023), indicate
                                                  (FDMS) is available 24 hours each day,                  qualified under 49 CFR 391.41; (2) that               the specific section of this document to
                                                  365 days each year. If you want                         each individual provides a copy of the                which each comment applies, and
                                                  acknowledgment that we received your                    ophthalmologist’s or optometrist’s                    provide a reason for each suggestion or
                                                  comments, please include a self-                        report to the medical examiner at the                 recommendation. You may submit your
                                                  addressed, stamped envelope or                          time of the annual medical examination;               comments and material online or by fax,
                                                  postcard or print the acknowledgement                   and (3) that each individual provide a                mail, or hand delivery, but please use
                                                  page that appears after submitting                      copy of the annual medical certification              only one of these means. FMCSA
                                                  comments on-line.                                       to the employer for retention in the                  recommends that you include your
                                                     Privacy Act: In accordance with 5                    driver’s qualification file and retains a             name and a mailing address, an email
                                                  U.S.C. 553(c), DOT solicits comments                    copy of the certification on his/her                  address, or a phone number in the body
                                                  from the public to better inform its                    person while driving for presentation to              of your document so the Agency can
                                                  rulemaking process. DOT posts these                     a duly authorized Federal, State, or local            contact you if it has questions regarding
                                                  comments, without edit, including any                   enforcement official. Each exemption                  your submission.
                                                  personal information the commenter                      will be valid for two years unless                       To submit your comment online, go to
                                                  provides, to www.regulations.gov, as
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                                                                                                          rescinded earlier by FMCSA. The                       http://www.regulations.gov and put the
                                                  described in the system of records                      exemption will be rescinded if: (1) The               docket number, ‘‘FMCSA–2013–0023’’
                                                  notice (DOT/ALL–14 FDMS), which can                     person fails to comply with the terms                 in the ‘‘Keyword’’ box, and click
                                                  be reviewed at www.dot.gov/privacy.                     and conditions of the exemption; (2) the              ‘‘Search.’’ When the new screen
                                                  FOR FURTHER INFORMATION CONTACT:                        exemption has resulted in a lower level               appears, click on ‘‘Comment Now!’’
                                                  Charles A. Horan, III, Director, Carrier,               of safety than was maintained before it               button and type your comment into the
                                                  Driver and Vehicle Safety Standards,                    was granted; or (3) continuation of the               text box in the following screen. Choose
                                                  202–366–4001, fmcsamedical@dot.gov,                     exemption would not be consistent with                whether you are submitting your


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                                                                                  Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices                                          16511

                                                  comment as an individual or on behalf                   environments and verify results. He                   drivers were not involved in any crashes
                                                  of a third party and then submit. If you                holds a valid German CDL but lacks the                or other safety-related incidents.
                                                  submit your comments by mail or hand                    U.S. residency necessary to obtain a
                                                                                                                                                                Daimler Application for Exemption
                                                  delivery, submit them in an unbound                     CDL issued by one of the States. FMCSA
                                                  format, no larger than 81⁄2 by 11 inches,               believes that the process for obtaining a                Daimler applied for the same CDL
                                                  suitable for copying and electronic                     German CDL is comparable to or as                     exemption for Martin Zeilinger. Notice
                                                  filing. If you submit comments by mail                  effective as the U.S. CDL requirements                of the application was published on
                                                  and would like to know that they                        and ensures that this driver will likely              December 17, 2014 (79 FR 75229). One
                                                  reached the facility, please enclose a                  achieve a level of safety that is                     comment was received in opposition to
                                                  stamped, self-addressed postcard or                     equivalent to or greater than the level of            the application for exemption, but it
                                                  envelope. FMCSA will consider all                       safety that would be obtained in the                  was not substantive. A copy of the
                                                  comments and material received during                   absence of the exemption.                             Daimler request is in the docket
                                                  the comment period and may change                                                                             identified at the beginning of this
                                                                                                          DATES: This exemption is effective
                                                  this notice based on your comments.                                                                           notice. The exemption allows Martin
                                                                                                          March 27, 2015 and expires March 27,                  Zeilinger to operate CMVs to support
                                                  Viewing Comments and Documents                          2017.                                                 Daimler field tests to meet future
                                                     To view comments, as well as any                     FOR FURTHER INFORMATION CONTACT: Mr.                  vehicle safety and environmental
                                                  documents mentioned in this preamble                    Richard Clemente, FMCSA Driver and                    requirements and to promote the
                                                  as being available in the docket, go to                 Carrier Operations Division; Office of                development of technology and
                                                  http://www.regulations.gov and in the                   Carrier, Driver and Vehicle Safety                    advancements in vehicle safety systems
                                                  search box insert the docket number,                    Standards; Telephone: 202–366–4325.                   and emissions reductions. He will
                                                  ‘‘FMCSA–2013–0023’’ in the                              Email: MCPSD@dot.gov.                                 typically drive for no more than 6 hours
                                                  ‘‘Keyword’’ box and click ‘‘Search.’’                   SUPPLEMENTARY INFORMATION:                            per day for 2 consecutive days, and 10
                                                  Next, click ‘‘Open Docket Folder’’                                                                            percent of the test driving will be on
                                                  button, choose the document listed to                   Legal Basis                                           two-lane state highways, while 90
                                                  review. If you do not have access to the                                                                      percent will be on interstate highways.
                                                                                                             The Secretary of Transportation (the
                                                  Internet, you may view the docket                                                                             The driving will consist of no more than
                                                                                                          Secretary) has the authority to grant
                                                  online by visiting the Docket                                                                                 200 miles per day, for a total of 400
                                                                                                          exemptions from any of the Federal
                                                  Management Facility in Room W12–140                                                                           miles during a two-day period on a
                                                                                                          Motor Carrier Safety Regulations
                                                  on the ground floor of the DOT West                                                                           quarterly basis.
                                                                                                          (FMCSRs) issued under chapter 313 or
                                                  Building, 1200 New Jersey Avenue SE.,                                                                            Section 383.21 requires CMV drivers
                                                                                                          § 31136 of title 49, United States Code,
                                                  Washington, DC 20590, between 9 a.m.                                                                          in the United States to have a CDL
                                                                                                          to a person(s) seeking regulatory relief
                                                  and 5 p.m., E.T., Monday through                                                                              issued by a State. Mr. Zeilinger is a
                                                                                                          (49 U.S.C. 31136(e), and 31315(b)). Prior
                                                  Friday, except Federal holidays.                                                                              citizen and resident of Germany. Only
                                                                                                          to granting an exemption, the Secretary
                                                    Issued on: March 19, 2015.                            must request public comment and make                  residents of a State can apply for a CDL.
                                                  Larry W. Minor,                                         a determination that the exemption is                 Without the exemption, Mr. Zeilinger
                                                  Associate Administrator for Policy.                     likely to achieve a level of safety that is           would not be able to test-drive
                                                  [FR Doc. 2015–07050 Filed 3–26–15; 8:45 am]             equivalent to, or greater than, the level             prototype CMVs on U.S. roads.
                                                                                                          of safety that would be obtained in the                  Mr. Zeilinger holds a valid German
                                                  BILLING CODE 4910–EX–P
                                                                                                          absence of the exemption. Exemptions                  CDL and is an experienced operator of
                                                                                                          may be granted for a period of up to 2                CMVs. In the application for exemption,
                                                  DEPARTMENT OF TRANSPORTATION                            years and may be renewed.                             Daimler also submitted documentation
                                                                                                                                                                showing his safe German driving record.
                                                                                                             The FMCSA Administrator has been
                                                  Federal Motor Carrier Safety                                                                                  Method To Ensure an Equivalent or
                                                                                                          delegated authority under 49 CFR
                                                  Administration                                                                                                Greater Level of Safety
                                                                                                          1.87(e)(1) and (f) to carry out the
                                                  [Docket No. FMCSA–2012–0032]                            functions vested in the Secretary by 49                  According to Daimler, the
                                                                                                          U.S.C. chapter 313 and subchapters I                  requirements for a German-issued CDL
                                                  Commercial Driver’s License                             and III of chapter 311, relating,                     ensure that the same level of safety is
                                                  Standards: Application for Exemption;                   respectively, to the commercial driver’s              met or exceeded as if these drivers had
                                                  Daimler Trucks North America                            license program and to commercial                     a CDL issued by one of the States. Mr.
                                                  (Daimler)                                               motor vehicle (CMV) programs and                      Zeilinger is familiar with the operation
                                                  AGENCY:  Federal Motor Carrier Safety                   safety regulation.                                    of CMVs worldwide and will be
                                                  Administration (FMCSA), DOT.                            Background                                            accompanied at all times by a driver
                                                  ACTION: Notice of final disposition; grant                                                                    who holds a U.S.-issued CDL and is
                                                  of application for exemption.                             On July 22 and August 29, 2014,                     familiar with the routes to be traveled.
                                                                                                          FMCSA granted similar exemptions for                  FMCSA has determined that the process
                                                  SUMMARY:   FMCSA announces its                          Daimler test drivers (79 FR 42626,                    for obtaining a CDL in Germany is
                                                  decision to grant Daimler Trucks North                  51641). These individuals each held a                 comparable to that for obtaining a CDL
                                                  America’s (Daimler) application for an                  valid German CDL but lacked the U.S.                  issued by one of the States and
                                                  exemption to allow a Daimler employee                   residency necessary to obtain a CDL in                adequately assesses the driver’s ability
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  to drive commercial motor vehicles                      the United States. FMCSA concluded                    to safely operate CMVs in the United
                                                  (CMV) in the United States without                      that the process for obtaining a German               States.
                                                  having a commercial driver’s license                    CDL is comparable to or as effective as
                                                  (CDL) issued by one of the States. The                  the U.S. CDL requirements and ensures                 FMCSA Decision
                                                  driver, Martin Zeilinger, will test-drive               that these drivers will likely achieve a                Based upon the merits of this
                                                  Daimler vehicles on U.S. roads to better                level of safety equivalent to or greater              application, including Mr. Zeilinger’s
                                                  understand product requirements for                     than the level that would be obtained in              extensive driving experience and safety
                                                  these vehicles in ‘‘real world’’                        the absence of the exemption. These two               record, and the fact that he has


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Document Created: 2015-12-18 11:36:56
Document Modified: 2015-12-18 11:36:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesThis decision is effective April 24, 2015. Comments must be received on or before April 27, 2015.
ContactCharles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays.
FR Citation80 FR 16509 

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