80 FR 31452 - 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 105 (June 2, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 105 (June 2, 2015)
| Page Range | 31452-31453 | |
| FR Document | 2015-13324 |
[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)] [Notices] [Pages 31452-31453] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13324] ----------------------------------------------------------------------- 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 application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) has requested an exemption for one commercial motor vehicle (CMV) driver from the Federal requirement to hold a commercial driver's license (CDL) issued by one of the States. Daimler requests that the exemption cover Mr. Christian Urban, a project engineer who will test drive CMVs for Daimler within the United States. This driver holds a valid German CDL and wants to test-drive Daimler vehicles on U.S. roads to better understand product requirements for these systems in ``real world'' environments, and verify results. Daimler believes the requirements for a German CDL ensure that the same level of safety is met or exceeded as if this driver had a U.S. State-issued CDL. DATES: Comments must be received on or before July 2, 2015. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA-2012-0032 by any of the following methods:Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1-202-493-2251. 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., between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading below. Note that all comments received will be posted without change to www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov at any time and in the box labeled ``SEARCH for'' enter FMCSA-2012-0032 and click on the tab labeled ``SEARCH.'' 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. Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the ``help'' section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a self-addressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. FOR FURTHER INFORMATION 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]. SUPPLEMENTARY INFORMATION: Background 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 2 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). In the May 12, 2012, Federal Register (77 FR 31422) FMCSA granted Daimler a similar exemption for two of its test drivers. Each held a valid German CDL but lacked the U.S. residency necessary to obtain a CDL. 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. Request for Exemption Daimler has applied for 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, Mr. Christian Urban, is unable to obtain a CDL in any of the U.S. States. A copy of the application is in Docket No. FMCSA-2012-0032. The exemption would allow Mr. Urban to operate CMVs in interstate or intrastate commerce to support Daimler field tests designed to meet future vehicle safety and environmental regulatory requirements and to promote the development of technology advancements in vehicle safety systems and emissions reductions. According to Daimler, Mr. Urban 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. 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 a two-year period. Mr. Urban holds a valid German CDL, 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. [[Page 31453]] FMCSA has determined that the process for obtaining a German-issued CDL is comparable to, or as effective as the Federal requirements of 49 CFR part 383, and adequately assesses a driver's ability to operate CMVs in the United States. Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comment on Daimler's application for an exemption from the CDL requirements of 49 CFR 383.23. The Agency will consider all comments received by close of business on July 2, 2015. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will consider to the extent practicable comments received in the public docket after the closing date of the comment period. Issued on: May 22, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-13324 Filed 6-1-15; 8:45 am] BILLING CODE 4910-EX-P
![31452 Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Notices
Issued in Washington, DC, on May 28, Instructions: All submissions must the level that would be achieved by the
2015. include the Agency name and docket current regulation (49 CFR 381.305).
Mohannad Dawoud, number. For detailed instructions on The decision of the Agency must be
Management Analyst, NextGen, Program submitting comments and additional published in the Federal Register (49
Oversight and Administration, Federal information on the exemption process, CFR 381.315(b)) with the reason for the
Aviation Administration. see the Public Participation heading grant or denial, and, if granted, the
[FR Doc. 2015–13377 Filed 6–1–15; 8:45 am] below. Note that all comments received specific person or class of persons
BILLING CODE 4910–13–P will be posted without change to receiving the exemption, and the
www.regulations.gov, including any regulatory provision or provisions from
personal information provided. Please which exemption is granted. The notice
DEPARTMENT OF TRANSPORTATION see the Privacy Act heading below. must also specify the effective period of
Docket: For access to the docket to the exemption (up to 2 years), and
Federal Motor Carrier Safety read background documents or explain the terms and conditions of the
Administration comments received, go to exemption. The exemption may be
www.regulations.gov at any time and in renewed (49 CFR 381.300(b)).
[Docket No. FMCSA–2012–0032] In the May 12, 2012, Federal Register
the box labeled ‘‘SEARCH for’’ enter
FMCSA–2012–0032 and click on the tab (77 FR 31422) FMCSA granted Daimler
Commercial Driver’s License
labeled ‘‘SEARCH.’’ a similar exemption for two of its test
Standards: Application for Exemption;
Privacy Act: In accordance with 5 drivers. Each held a valid German CDL
Daimler Trucks North America
U.S.C. 553(c), DOT solicits comments but lacked the U.S. residency necessary
(Daimler)
from the public to better inform its to obtain a CDL. FMCSA concluded that
AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these the process for obtaining a German CDL
Administration (FMCSA), DOT. comments, without edit, including any is comparable to or as effective as the
ACTION: Notice of application for personal information the commenter U.S. CDL requirements and ensures that
exemption; request for comments. provides, to www.regulations.gov, as these drivers will likely achieve a level
described in the system of records of safety equivalent to or greater than
SUMMARY: FMCSA announces that notice (DOT/ALL–14 FDMS), which can the level that would be obtained in the
Daimler Trucks North America be reviewed at www.dot.gov/privacy. absence of the exemption.
(Daimler) has requested an exemption Public Participation: The Federal Request for Exemption
for one commercial motor vehicle eRulemaking Portal is available 24
(CMV) driver from the Federal Daimler has applied for an exemption
hours each day, 365 days each year. You
requirement to hold a commercial for one of its engineers from 49 CFR
can get electronic submission and
driver’s license (CDL) issued by one of 383.23, which prescribes licensing
retrieval help and guidelines under the
the States. Daimler requests that the requirements for drivers operating
‘‘help’’ section of the Federal
exemption cover Mr. Christian Urban, a CMVs in interstate or intrastate
eRulemaking Portal Web site. If you
project engineer who will test drive commerce. This driver, Mr. Christian
want us to notify you that we received
CMVs for Daimler within the United Urban, is unable to obtain a CDL in any
your comments, please include a self-
States. This driver holds a valid German of the U.S. States. A copy of the
addressed, stamped envelope or application is in Docket No. FMCSA–
CDL and wants to test-drive Daimler postcard, or print the acknowledgement
vehicles on U.S. roads to better 2012–0032.
page that appears after submitting The exemption would allow Mr.
understand product requirements for comments online. Urban to operate CMVs in interstate or
these systems in ‘‘real world’’ FOR FURTHER INFORMATION CONTACT: Ms. intrastate commerce to support Daimler
environments, and verify results. Pearlie Robinson, FMCSA Driver and field tests designed to meet future
Daimler believes the requirements for a Carrier Operations Division; Office of vehicle safety and environmental
German CDL ensure that the same level Carrier, Driver and Vehicle Safety regulatory requirements and to promote
of safety is met or exceeded as if this Standards; Telephone: 202–366–4325. the development of technology
driver had a U.S. State-issued CDL. Email: MCPSD@dot.gov. advancements in vehicle safety systems
DATES: Comments must be received on SUPPLEMENTARY INFORMATION: and emissions reductions. According to
or before July 2, 2015. Daimler, Mr. Urban will typically drive
ADDRESSES: You may submit comments
Background
for no more than 6 hours per day for 2
identified by Federal Docket FMCSA has authority under 49 U.S.C. consecutive days, and that 10 percent of
Management System Number FMCSA– 31136(e) and 31315 to grant exemptions the test driving will be on two-lane state
2012–0032 by any of the following from the Federal Motor Carrier Safety highways, while 90 percent will be on
methods: Regulations. FMCSA must publish a interstate highways. The driving will
• Federal eRulemaking Portal: notice of each exemption request in the consist of no more than 200 miles per
www.regulations.gov. Follow the online Federal Register (49 CFR 381.315(a)). day, for a total of 400 miles during a
instructions for submitting comments. The Agency must provide the public an two-day period on a quarterly basis. He
• Fax: 1–202–493–2251. opportunity to inspect the information will in all cases be accompanied by a
• Mail: Docket Management Facility, relevant to the application, including holder of a U.S. CDL who is familiar
U.S. Department of Transportation, 1200 any safety analyses that have been with the routes to be traveled.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
New Jersey Avenue SE., West Building, conducted. The Agency must also Daimler requests that the exemption
Ground Floor, Room W12–140, provide an opportunity for public cover a two-year period. Mr. Urban
Washington, DC 20590–0001. comment on the request. holds a valid German CDL, and as
• Hand Delivery or Courier: West The Agency reviews the safety explained by Daimler in its exemption
Building, Ground Floor, Room W12– analyses and the public comments, and request, the requirements for that
140, 1200 New Jersey Avenue SE., determines whether granting the license ensure that the same level of
between 9 a.m. and 5 p.m. E.T., Monday exemption would likely achieve a level safety is met or exceeded as if this
through Friday, except Federal holidays. of safety equivalent to, or greater than, driver had a U.S. CDL.
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![Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Notices 31453
FMCSA has determined that the notice, at the address listed below. Bienville Industrial Park, Hancock
process for obtaining a German-issued Comments may also be provided orally County, with the Norfolk Southern
CDL is comparable to, or as effective as or in writing at the scoping meetings. Railroad, located in the vicinity of
the Federal requirements of 49 CFR part Once scheduled, scoping meeting dates, Nicholson in Pearl River County, to
383, and adequately assesses a driver’s times and locations, in addition to provide the Port with access to dual
ability to operate CMVs in the United information about the EIS for the Port Class 1 rail service. The Project is
States. Bienville Railroad Project can be found composed of approximately 24 miles of
online https://www.fra.dot.gov/Page/ new railroad line. Dual Class I rail
Request for Comments
P0214. access is proposed to enable Hancock
In accordance with 49 U.S.C. and Pearl River Counties and Stennis
ADDRESSES: Written comments on the
31315(b)(4) and 31136(e), FMCSA Space Center to attract new industries to
scope of the EIS may be mailed or
requests public comment on Daimler’s this region that require this level of rail
emailed within thirty (30) days of the
application for an exemption from the services, and encourage job creation and
publication of this notice to Melissa
CDL requirements of 49 CFR 383.23. investment opportunities to help this
Hatcher, Environmental Protection
The Agency will consider all comments area recover from recent hurricane
received by close of business on July 2, Specialist, Office of Program Delivery,
Federal Railroad Administration, 1200 disasters that have significantly affected
2015. Comments will be available for local economies.
examination in the docket at the New Jersey Avenue SE., MS–20,
Washington, DC 20590 or The Project’s new corridor may
location listed under the ADDRESSES involve alteration and fill of ‘‘Waters of
section of this notice. The Agency will melissa.hatcher@dot.gov.
FOR FURTHER INFORMATION CONTACT: the United States,’’ as that term is used
consider to the extent practicable
Melissa Hatcher, Environmental in the Clean Water Act (33 U.S.C. 1251
comments received in the public docket
Protection Specialist, Office of Program et seq.), and thus, the EIS process will
after the closing date of the comment
Delivery, Federal Railroad involve the U.S. Army Corps of
period.
Administration, 1200 New Jersey Engineers, which is expected to serve as
Issued on: May 22, 2015. a cooperating agency. The Project’s
Avenue SE., MS–20, Washington, DC
Larry W. Minor, 20590, melissa.hatcher@dot.gov, or Kim corridor is expected to cross through the
Associate Administrator for Policy. Thurman, MDOT, Environmental acoustical (noise) buffer zone of NASA’s
[FR Doc. 2015–13324 Filed 6–1–15; 8:45 am] Division, P.O. Box 1850, Jackson, MS Stennis Space Center.
BILLING CODE 4910–EX–P 39215–1850, environmentalcomments@ Project Background
mdot.ms.gov.
In 2008, the Hancock County Port and
DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: The EIS
Harbor Commission received a $2.7
will be prepared in accordance with the million grant from the U.S. Department
Federal Railroad Administration NEPA and the Council on of Commerce’s Economic Development
Environmental Quality (CEQ) Administration to improve the railway
Environmental Impact Statement for regulations for implementing NEPA and at the Port Bienville Industrial Park. In
Port Bienville Railroad Project FRA’s Procedures for Considering 2013, a Feasibility Report was
Environmental Impacts (64 FR 28545, completed to determine the feasibility of
AGENCY: Federal Railroad
May 26, 1999) (Environmental constructing and operating a new rail
Administration (FRA), Department of
Procedures). The EIS will also address line to connect the Port Bienville Short
Transportation (DOT).
section 106 of the National Historic Line Railroad with the Norfolk Southern
ACTION: Notice of Intent (NOI) to prepare
Preservation Act (16 U.S.C. 470(f)), mainline in Nichols. The study
an Environmental Impact Statement section 4(f) of the Department of
(EIS). included the development of reasonable
Transportation Act of 1966 (49 U.S.C. alternative corridors; identification of
SUMMARY: The Federal Railroad 303), E.O. 12898 and USDOT Order the economic benefits and opportunities
Administration (FRA) is issuing this 5610.2(a) on Environmental Justice, and associated with the Project; and the
NOI to advise the public that the other applicable Federal and state laws recommendation as to the feasibility of
Mississippi Department of and regulations. The EIS will: the Project. Given the business case for
Transportation (MDOT) and Hancock • Present the Purpose and Need for
dual Class I rail services, the demands
County Port and Harbor Commission the Proposed Action.
• Identify the reasonable alternatives of the existing and emerging business
intend to prepare an Environmental clusters in Hancock and Pearl River
Impact Statement (EIS) pursuant to the that satisfy the Purpose and Need for the
Proposed Action. Counties, the future benefits to Stennis
National Environmental Policy Act of Space Center, the existing industrial
1969 (NEPA) to evaluate the impacts of • Establish the no-build or no-action
alternative to serve as a baseline for land inventory, and the workforce and
construction and operation of the Port transportation assets supporting this
Bienville Railroad Project (Project). The comparison.
• Describe the environment likely to region, the construction of this new rail
EIS will evaluate route alternatives for line was determined feasible.
be affected by the Proposed Action.
freight rail service from the Port • Describe the potential The Project would provide existing
Bienville Short Line Railroad in environmental impacts associated with businesses access to dual Class I rail
Hancock County, Mississippi to the reasonable alternatives and propose service, improving transit time and
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Nicholson in Pearl River County, mitigation measures to reduce reliability, and enabling Hancock and
Mississippi. significant impacts. Pearl River Counties and the Stennis
DATES: FRA invites the public, FRA, in cooperation with MDOT, will Space Center to attract new industries to
governmental agencies, and all other prepare an EIS for the Project proposed the region. By improving the efficiency
interested parties to comment on the by MDOT and Hancock County Port and of goods movement in the area by rail,
scope of the EIS. All such comments Harbor Commission. The Proposed the Project would also improve regional
should be provided in writing, within Action will connect the Port Bienville air quality and reduce truck traffic on
thirty (30) days of the publication of this Short Line Railroad, located at the Port area roads and highways.
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Document Created: 2015-12-15 15:12:34
Document Modified: 2015-12-15 15:12:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of application for exemption; request for comments. | |
| Dates | Comments must be received on or before July 2, 2015. | |
| 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] | |
| FR Citation | 80 FR 31452 |
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