80_FR_16570 80 FR 16511 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

80 FR 16511 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range16511-16512
FR Document2015-07059

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, Martin Zeilinger, 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 CDL 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 CDL 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.

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015) 
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16511-16512]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07059]


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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, Martin Zeilinger, 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 CDL 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 CDL 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 March 27, 2015 and expires March 27, 
2017.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: [email protected].

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 commercial driver's license program and 
to commercial motor vehicle (CMV) programs and safety regulation.

Background

    On July 22 and August 29, 2014, FMCSA granted similar exemptions 
for Daimler test drivers (79 FR 42626, 51641). These individuals each 
held a valid German CDL but lacked the U.S. residency necessary to 
obtain a CDL in the United States. FMCSA concluded that the process for 
obtaining a German CDL 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. These two drivers were not 
involved in any crashes or other safety-related incidents.

Daimler Application for Exemption

    Daimler applied for the same CDL exemption for Martin Zeilinger. 
Notice of the application was published on December 17, 2014 (79 FR 
75229). One comment was received in opposition to the application for 
exemption, but it was not substantive. A copy of the Daimler request is 
in the docket identified at the beginning of this notice. The exemption 
allows Martin Zeilinger 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. Zeilinger is a citizen and resident of 
Germany. Only residents of a State can apply for a CDL. Without the 
exemption, Mr. Zeilinger would not be able to test-drive prototype CMVs 
on U.S. roads.
    Mr. Zeilinger holds a valid German CDL 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 CDL 
ensure that the same level of safety is met or exceeded as if these 
drivers had a CDL issued by one of the States. Mr. Zeilinger is 
familiar with the operation of CMVs worldwide and will be accompanied 
at all times by a driver who holds a U.S.-issued CDL and is familiar 
with the routes to be traveled. FMCSA has determined that the process 
for obtaining a CDL in Germany is comparable to that for obtaining a 
CDL issued by one of the States and adequately assesses the driver's 
ability to safely operate CMVs in the United States.

FMCSA Decision

    Based upon the merits of this application, including Mr. 
Zeilinger's extensive driving experience and safety record, and the 
fact that he has

[[Page 16512]]

successfully completed the requisite training and testing to obtain a 
German CDL, 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. Martin Zeilinger an exemption from the 
CDL requirement in 49 CFR 383.23 to allow Mr. Zeilinger 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 CDL, (3) 
the driver must be employed by and operating the CMV within the scope 
of his duties for Daimler, (4) Daimler must notify FMCSA in writing 
within 5 business days of any accident, as defined in 49 CFR 390.5, 
involving this driver, and (5) 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. Zeilinger 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.

    Issued on: March 20, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-07059 Filed 3-26-15; 8:45 am]
 BILLING CODE 4910-EX-P

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 VerDate Sep<11>2014 20:59 Mar 26, 2015 Jkt 235001 PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1

16512 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices successfully completed the requisite Sarbanes Transit in Parks Program.’’ The Transportation, Maritime training and testing to obtain a German notice contained an incorrect estimated Administration, 1200 New Jersey CDL, FMCSA concluded that the total annual burden on respondents. Avenue SE., Room W23–453, exemption would likely achieve a level This document corrects that error. Washington, DC 20590. Telephone 202– of safety that is equivalent to or greater FOR FURTHER INFORMATION CONTACT: Tia 366–0903, Email Linda.Williams@ than the level that would be achieved Swain, Office of Administration, Office dot.gov. absent such exemption, in accordance of Management Planning, (202) 366– with § 381.305(a). 0354. SUPPLEMENTARY INFORMATION: As described by the applicant the intended Terms and Conditions for the Correction Exemption service of the vessel TAHOE DREAMER Estimated Total Annual Burden: 130 is: FMCSA grants Daimler and Mr. hours. Martin Zeilinger an exemption from the Intended Commercial Use of Vessel: CDL requirement in 49 CFR 383.23 to Matthew M. Crouch, ‘‘Bare boat charters on Lake Tahoe.’’ allow Mr. Zeilinger to drive CMVs in Associate Administrator for Administration. Geographic Region: ‘‘California and this country without a U.S. State-issued [FR Doc. 2015–06959 Filed 3–26–15; 8:45 am] Nevada.’’ CDL, subject to the following terms and BILLING CODE P The complete application is given in conditions: (1) The driver and carrier DOT docket MARAD–2015–0035 at must comply with all other applicable DEPARTMENT OF TRANSPORTATION http://www.regulations.gov. Interested provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR parties may comment on the effect this parts 350–399), (2) the driver must be in Maritime Administration action may have on U.S. vessel builders possession of the exemption document [Docket No. MARAD–2015–0035] or businesses in the U.S. that use U.S.- and a valid German CDL, (3) the driver flag vessels. If MARAD determines, in must be employed by and operating the Requested Administrative Waiver of accordance with 46 U.S.C. 12121 and CMV within the scope of his duties for the Coastwise Trade Laws: Vessel MARAD’s regulations at 46 CFR part Daimler, (4) Daimler must notify TAHOE DREAMER; Invitation for 388, that the issuance of the waiver will FMCSA in writing within 5 business Public Comments have an unduly adverse effect on a U.S.- days of any accident, as defined in 49 AGENCY: Maritime Administration, vessel builder or a business that uses CFR 390.5, involving this driver, and (5) Department of Transportation. U.S.-flag vessels in that business, a Daimler must notify FMCSA in writing ACTION: Notice. waiver will not be granted. Comments if this driver is convicted of a should refer to the docket number of disqualifying offense under § 383.51 or SUMMARY: As authorized by 46 U.S.C. this notice and the vessel name in order § 391.15 of the FMCSRs. 12121, the Secretary of Transportation, for MARAD to properly consider the In accordance with 49 U.S.C. 31315 as represented by the Maritime comments. Comments should also state and 31136(e), the exemption will be Administration (MARAD), is authorized the commenter’s interest in the waiver valid for 2 years unless revoked earlier to grant waivers of the U.S.-build application, and address the waiver by the FMCSA. The exemption will be requirement of the coastwise laws under criteria given in § 388.4 of MARAD’s revoked if: (1) Mr. Zeilinger fails to certain circumstances. A request for regulations at 46 CFR part 388. comply with the terms and conditions such a waiver has been received by of the exemption; (2) the exemption MARAD. The vessel, and a brief Privacy Act results in a lower level of safety than description of the proposed service, is was maintained before it was granted; or listed below. Anyone is able to search the (3) continuation of the exemption would electronic form of all comments DATES: Submit comments on or before be inconsistent with the goals and received into any of our dockets by the April 27, 2015. objectives of 49 U.S.C. 31315 and 31136. name of the individual submitting the ADDRESSES: Comments should refer to Issued on: March 20, 2015. comment (or signing the comment, if docket number MARAD–2015–0035. T.F. Scott Darling, III, Written comments may be submitted by submitted on behalf of an association, hand or by mail to the Docket Clerk, business, labor union, etc.). You may Acting Administrator. U.S. Department of Transportation, review DOT’s complete Privacy Act [FR Doc. 2015–07059 Filed 3–26–15; 8:45 am] Docket Operations, M–30, West Statement in the Federal Register BILLING CODE 4910–EX–P Building Ground Floor, Room W12–140, published on April 11, 2000 (Volume 1200 New Jersey Avenue SE., 65, Number 70; Pages 19477–78). DEPARTMENT OF TRANSPORTATION Washington, DC 20590. You may also By Order of the Maritime Administrator. send comments electronically via the Dated: March 19, 2015. Federal Transit Administration Internet at http://www.regulations.gov. Christine Gurland, [FTA Docket No. FTA–2015–0008] All comments will become part of this docket and will be available for Acting Secretary, Maritime Administration. Special Notice; Correction inspection and copying at the above [FR Doc. 2015–06987 Filed 3–26–15; 8:45 am] address between 10 a.m. and 5 p.m., BILLING CODE 4910–81–P AGENCY: Federal Transit Administration, E.T., Monday through Friday, except mstockstill on DSK4VPTVN1PROD with NOTICES DOT. federal holidays. An electronic version ACTION: Notice of Correction. of this document and all documents SUMMARY: The Federal Transit entered into this docket is available on Administration (FTA) published a 30- the World Wide Web at http:// Day Notice of Request for Comments in www.regulations.gov. the Federal Register on March 17, 2015 FOR FURTHER INFORMATION CONTACT: entitled; ‘‘49 U.S.C. 5320 Paul S. Linda Williams, U.S. Department of VerDate Sep<11>2014 20:59 Mar 26, 2015 Jkt 235001 PO 00000 Frm 00154 Fmt 4703 Sfmt 9990 E:\FR\FM\27MRN1.SGM 27MRN1


Document Created: 2015-12-18 11:36:18
Document Modified: 2015-12-18 11:36:18
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 final disposition; grant of application for exemption.
DatesThis exemption is effective March 27, 2015 and expires March 27, 2017.
ContactMr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected]
FR Citation80 FR 16511 
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