80 FR 45576 - Commercial Driver's License Standards: Application for Renewal of Exemption; Daimler Trucks North America (Daimler)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 146 (July 30, 2015)

Page Range		45576-45577
FR Document		2015-18676

FMCSA announces its decision to grant Daimler Trucks North America's (Daimler) application for renewal of an exemption from the requirement for a commercial driver's license (CDL) for one of its commercial motor vehicle (CMV) drivers, Sven Ennerst. Mr. Ennerst has operated safely under this one-year exemption since July 22, 2014. The renewal allows Mr. Ennerst, a Daimler engineering executive who holds a German commercial driver's license, to continue to test-drive Daimler CMVs on U.S. roads to improve Daimler's understanding of product requirements in ``real world'' environments. FMCSA has concluded that this exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved if Mr. Ennerst were required to obtain a U.S. CDL.

Federal Register, Volume 80 Issue 146 (Thursday, July 30, 2015)

[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45576-45577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18676]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]


Commercial Driver's License Standards: Application for Renewal of 
Exemption; Daimler Trucks North America (Daimler)

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

ACTION: Notice of final disposition; granting of application for 
renewal of exemption.

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SUMMARY: FMCSA announces its decision to grant Daimler Trucks North 
America's (Daimler) application for renewal of an exemption from the 
requirement for a commercial driver's license (CDL) for one of its 
commercial motor vehicle (CMV) drivers, Sven Ennerst. Mr. Ennerst has 
operated safely under this one-year exemption since July 22, 2014. The 
renewal allows Mr. Ennerst, a Daimler engineering executive who holds a 
German commercial driver's license, to continue to test-drive Daimler 
CMVs on U.S. roads to improve Daimler's understanding of product 
requirements in ``real world'' environments. FMCSA has concluded that 
this exemption would likely achieve a level of safety that is 
equivalent to or greater than the level that would be achieved if Mr. 
Ennerst were required to obtain a U.S. CDL.

DATES: This exemption is renewed effective July 22, 2015 and will 
expire July 22, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, FMCSA Driver and 
Carrier Operations Division; Office of

[[Page 45577]]

Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. 
Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the CDL requirements of 49 CFR 383.23 for a maximum 2-year period 
if it finds that ``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 and standards for 
exemptions are prescribed in part 381 of the Federal Motor Carrier 
Safety Regulations (FMCSRs) (49 CFR part 350 et seq.). The Agency must 
provide an opportunity for public comment on the request. The decision 
of the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reason for granting or denying the exemption 
renewal, 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 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)).
    Daimler manufactures CMVs in the U.S. for sale in this country. 
From time to time, it applies to FMCSA for CDL exemptions allowing 
individual Daimler employees to operate CMVs on U.S. roads. The 
employees are engineering executives who design and test advanced CMV 
safety and emissions technology. They reside in Germany but come to the 
U.S. three or four times a year to test drive prototype Daimler CMVs in 
the ``real world'' environment of U.S. roads. Under 49 CFR 383.23, 
operators of CMVs are required to hold a CDL issued by a State. Daimler 
employees are residents of Germany and cannot obtain a CDL in the U.S. 
because they are not residents of a State. They are duly licensed to 
operate CMVs in Germany, have years of experience driving CMVs in 
Europe, and maintain exemplary records of driving safety. Daimler has 
explained in prior exemption applications that the German knowledge and 
skills tests and training program that these drivers have undergone are 
comparable to the CDL licensing programs of the States. Daimler asserts 
that its CMV drivers operating under the exemption in the U.S. will 
achieve a level of safety that is equivalent to, or greater than, the 
level of safety would be obtained by complying with the U.S. 
requirement for a CDL. Previous exemptions require a U.S. CDL-holder to 
accompany the Daimler employee operating a CMV. Daimler's prior 
applications and this Agency's analysis of them are in the docket of 
this matter referenced above. Most recently, on March 20, 2015, the 
Agency granted a similar exemption to Daimler driver Martin Zeilinger 
(80 FR 16511).
    On July 22, 2014, FMCSA granted Daimler and its driver Sven Ennerst 
a one-year exemption from Sec.  383.23 (79 FR 42626). The exemption 
will expire July 22, 2015. Mr. Ennerst is a Daimler engineering 
executive and holds a valid German commercial driver's license. 
Daimler's original application outlines Mr. Ennerst's CMV driving 
qualifications and experience, and is in the docket.

Daimler Application for Renewal

    By letter dated February 18, 2015, Daimler applied for renewal of 
this exemption for Sven Ennerst for the two-year period beginning July 
22, 2015. A copy of the request for renewal is in the docket. Daimler 
states that Mr. Ennerst typically drives CMVs no more than 200 miles 
per day over a two-day period, and that only 10 percent of his driving 
is on two-lane State highways. The rest of his driving is on interstate 
highways.

Method To Ensure an Equivalent or Greater Level of Safety

    As in each of Daimler's exemption requests, FMCSA carefully 
considered the merits of this application and the driver's demonstrated 
knowledge and skill in CMV operations. The Agency has received no 
information indicating that the terms and conditions of Mr. Ennerst's 
2014 exemption have not been satisfied fully. FMCSA has previously 
determined that the process for obtaining a German commercial license 
is comparable to, or as effective as, the requirements of part 383, and 
adequately assesses the driver's ability to operate CMVs in the U.S.

Public Comment

    On April 16, 2015, FMCSA published notice of this application and 
provided a period of 60 days for public comment (80 FR 20561). No 
comments were received.

FMCSA Decision

    Based upon the merits of this application, including Mr. Ennerst's 
extensive CMV driving experience, safety record, and successful 
completion of the training and testing requisite to a German CDL, FMCSA 
has concluded that exemption would likely achieve a level of safety 
that is equivalent to or greater than the level that would be achieved 
absent such exemption. Consequently, the Agency renews the exemption 
from the CDL requirement of Sec.  383.23 previously granted to Daimler 
and Mr. Ennerst. Mr. Ennerst may drive CMVs in this country without a 
U.S. State-issued CDL for two additional years unless this exemption is 
revoked earlier by the FMCSA.

Terms and Conditions

    The exemption remains subject to the same terms and conditions 
originally imposed by FMCSA: (1) Daimler and the driver must comply 
with all other applicable provisions of the FMCSRs, (2) the driver must 
be in possession of this exemption document and a valid German CDL, (3) 
the driver must be employed by and operate the CMV within the scope of 
his duties for Daimler, (4) Daimler must notify FMCSA within 5 business 
days in writing 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. The exemption will be revoked if: (1) Mr. 
Ennerst fails to comply with the terms and conditions of the exemption; 
(2) the exemption results in a lower level of safety than was 
maintained before it was granted; or (3) continuation of the exemption 
would be inconsistent with the goals and objectives of 49 U.S.C. 31315 
and 31136. The exemption expires on July 22, 2017.

    Issued on: July 20, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-18676 Filed 7-29-15; 8:45 am]
 BILLING CODE 4910-EX-P

45576 Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices

and discussed in detail in the May 11, retention in the driver’s qualification two years unless revoked earlier by
2015, Federal Register notice and they file, or keep a copy in his/her driver’s FMCSA. The exemption will be revoked
will not be repeated in this notice. qualification file if he/she is self- if the following occurs: (1) The person
employed. The driver must also have a fails to comply with the terms and
III. Discussion of Comments
copy of the certification when driving, conditions of the exemption; (2) the
FMCSA received two comments in for presentation to a duly authorized exemption has resulted in a lower level
this proceeding. The comments are Federal, State, or local enforcement of safety than was maintained before it
addressed below. official. was granted; or (3) continuation of the
Doreen Dupont stated that, as a exemption would not be consistent with
licensed physician, she does not believe VI. Conclusion
the goals and objectives of 49 U.S.C.
any insulin-dependent drivers should Based upon its evaluation of the 51 31136(e) and 31315. If the exemption is
be granted exemptions to operate CMVs exemption applications, FMCSA still effective at the end of the 2-year
in interstate commerce. exempts the following drivers from the period, the person may apply to FMCSA
Alvin Williams stated he wants to diabetes requirement in 49 CFR for a renewal under procedures in effect
renew his Class A driver’s license but 391.41(b)(10), subject to the at that time.
would like to know if a restricted Class requirements cited above 49 CFR
A license is available so he does not Issued on: July 20, 2015.
391.64(b)):
have to downgrade. Larry W. Minor,
Galen W. Abitz (IA)
Associate Administrator for Policy.
IV. Basis for Exemption Determination Kenneth V. Bartlett (PA)
Derek A. Becker (IL) [FR Doc. 2015–18675 Filed 7–29–15; 8:45 am]
Under 49 U.S.C. 31136(e) and 31315, Robert J. Boardwick (NJ) BILLING CODE 4910–EX–P
FMCSA may grant an exemption from Delano W. Brede (IA)
the diabetes requirement in 49 CFR Stanley L. Buckley (WI)
391.41(b)(3) if the exemption is likely to Matthew J. Burris (MN) DEPARTMENT OF TRANSPORTATION
achieve an equivalent or greater level of Robert E. Clark, Jr. (VA)
safety than would be achieved without Stephen M. Cooper (WI) Federal Motor Carrier Safety
the exemption. The exemption allows George L. Crockett (OH) Administration
the applicants to operate CMVs in Thomas J. Cummings (IA) [Docket No. FMCSA–2012–0032]
interstate commerce. Gary E. Davidge (MD)
To evaluate the effect of these Delawrence D. Dillard (IL) Commercial Driver’s License
exemptions on safety, FMCSA Stephen L. Drake (TX) Standards: Application for Renewal of
considered medical reports about the Kevin P. Fulcher (MA) Exemption; Daimler Trucks North
applicants’ ITDM and vision, and Cecil E. Glenn (CA) America (Daimler)
reviewed the treating endocrinologists’ David E. Goddard, Jr. (WV)
medical opinion related to the ability of Wesley H. Green (OK) AGENCY: Federal Motor Carrier Safety
the driver to safely operate a CMV while David H. Heins (IL) Administration (FMCSA), DOT.
using insulin. Thomas P. Henry (VA) ACTION: Notice of final disposition;
Consequently, FMCSA finds that in Leslie W. Holmes (DE) granting of application for renewal of
each case exempting these applicants Korry W. Hullinger (UT) exemption.
from the diabetes requirement in 49 CFR James V. Kuhns, Jr. (PA)
391.41(b)(3) is likely to achieve a level Craig C. Leckie (OR) SUMMARY: FMCSA announces its
of safety equal to that existing without Robert T. Lee (WI) decision to grant Daimler Trucks North
the exemption. Tyler S. Lewis (AK) America’s (Daimler) application for
Zackery L. Lowe (VA) renewal of an exemption from the
V. Conditions and Requirements Eugene T. Mapp (SC) requirement for a commercial driver’s
The terms and conditions of the Edward W. Masser (PA) license (CDL) for one of its commercial
exemption will be provided to the Robert S. Medberry (OH) motor vehicle (CMV) drivers, Sven
applicants in the exemption document Brian L. Merlo (CA) Ennerst. Mr. Ennerst has operated safely
and they include the following: (1) That Brian K. Miesner (MO) under this one-year exemption since
James D. Miller (MN) July 22, 2014. The renewal allows Mr.
each individual submit a quarterly
Isse A. Moalin (AZ) Ennerst, a Daimler engineering
monitoring checklist completed by the
Patrick S. Murray (OK) executive who holds a German
treating endocrinologist as well as an Douglas W. Olson (TX)
annual checklist with a comprehensive commercial driver’s license, to continue
Lisa R. Olson (MT) to test-drive Daimler CMVs on U.S.
medical evaluation; (2) that each John C. Osterhout (ID)
individual reports within 2 business roads to improve Daimler’s
Kevin J. Riedl (WI) understanding of product requirements
days of occurrence, all episodes of Richard E. Roberts (NC)
severe hypoglycemia, significant in ‘‘real world’’ environments. FMCSA
Ian L. Robinson (VA)
complications, or inability to manage has concluded that this exemption
Stephen D. Sandine (AR)
diabetes; also, any involvement in an Michael J. Simko (PA) would likely achieve a level of safety
accident or any other adverse event in Steven L. Sobczak (WI) that is equivalent to or greater than the
a CMV or personal vehicle, whether or Richard J. Tallen (IN) level that would be achieved if Mr.
not it is related to an episode of Brett E. Thein (GA) Ennerst were required to obtain a U.S.
CDL.
Lhorne on DSK7TPTVN1PROD with NOTICES

hypoglycemia; (3) that each individual Ryan R. Turnbull (NY)
provide a copy of the ophthalmologist’s Jonathan C. Walston (IA) DATES: This exemption is renewed
or optometrist’s report to the medical Graciano Wharton-Ramirez (NJ) effective July 22, 2015 and will expire
examiner at the time of the annual Rick G. White (WA) July 22, 2017.
medical examination; and (4) that each Randall L. Williamson (IL) FOR FURTHER INFORMATION CONTACT: Mr.
individual provide a copy of the annual In accordance with 49 U.S.C. 31136(e) Robert Schultz, FMCSA Driver and
medical certification to the employer for and 31315 each exemption is valid for Carrier Operations Division; Office of

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Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices 45577

Carrier, Driver and Vehicle Safety a CDL. Previous exemptions require a greater than the level that would be
Standards; Telephone: 202–366–4325. U.S. CDL-holder to accompany the achieved absent such exemption.
Email: MCPSD@dot.gov. Daimler employee operating a CMV. Consequently, the Agency renews the
SUPPLEMENTARY INFORMATION: Daimler’s prior applications and this exemption from the CDL requirement of
Agency’s analysis of them are in the § 383.23 previously granted to Daimler
Background docket of this matter referenced above. and Mr. Ennerst. Mr. Ennerst may drive
Under 49 U.S.C. 31136(e) and 31315, Most recently, on March 20, 2015, the CMVs in this country without a U.S.
FMCSA may renew an exemption from Agency granted a similar exemption to State-issued CDL for two additional
the CDL requirements of 49 CFR 383.23 Daimler driver Martin Zeilinger (80 FR years unless this exemption is revoked
for a maximum 2-year period if it finds 16511). earlier by the FMCSA.
that ‘‘such exemption would likely On July 22, 2014, FMCSA granted
Terms and Conditions
achieve a level of safety that is Daimler and its driver Sven Ennerst a
one-year exemption from § 383.23 (79 The exemption remains subject to the
equivalent to, or greater than, the level
FR 42626). The exemption will expire same terms and conditions originally
that would be achieved absent such
July 22, 2015. Mr. Ennerst is a Daimler imposed by FMCSA: (1) Daimler and the
exemption.’’ The procedures and
engineering executive and holds a valid driver must comply with all other
standards for exemptions are prescribed
German commercial driver’s license. applicable provisions of the FMCSRs,
in part 381 of the Federal Motor Carrier
Daimler’s original application outlines (2) the driver must be in possession of
Safety Regulations (FMCSRs) (49 CFR
Mr. Ennerst’s CMV driving this exemption document and a valid
part 350 et seq.). The Agency must
qualifications and experience, and is in German CDL, (3) the driver must be
provide an opportunity for public
the docket. employed by and operate the CMV
comment on the request. The decision within the scope of his duties for
of the Agency must be published in the Daimler Application for Renewal Daimler, (4) Daimler must notify
Federal Register (49 CFR 381.315(b)) FMCSA within 5 business days in
with the reason for granting or denying By letter dated February 18, 2015,
Daimler applied for renewal of this writing of any accident, as defined in 49
the exemption renewal, and, if granted, CFR 390.5, involving this driver, and (5)
the specific person or class of persons exemption for Sven Ennerst for the two-
year period beginning July 22, 2015. A Daimler must notify FMCSA in writing
receiving the exemption, and the if this driver is convicted of a
regulatory provision or provisions from copy of the request for renewal is in the
docket. Daimler states that Mr. Ennerst disqualifying offense under § 383.51 or
which exemption is granted. The notice § 391.15 of the FMCSRs. The exemption
must specify the effective period of the typically drives CMVs no more than 200
miles per day over a two-day period, will be revoked if: (1) Mr. Ennerst fails
exemption (up to 2 years), and explain to comply with the terms and
the terms and conditions of the and that only 10 percent of his driving
is on two-lane State highways. The rest conditions of the exemption; (2) the
exemption. The exemption may be exemption results in a lower level of
renewed (49 CFR 381.300(b)). of his driving is on interstate highways.
safety than was maintained before it was
Daimler manufactures CMVs in the Method To Ensure an Equivalent or granted; or (3) continuation of the
U.S. for sale in this country. From time Greater Level of Safety exemption would be inconsistent with
to time, it applies to FMCSA for CDL As in each of Daimler’s exemption the goals and objectives of 49 U.S.C.
exemptions allowing individual Daimler requests, FMCSA carefully considered 31315 and 31136. The exemption
employees to operate CMVs on U.S. the merits of this application and the expires on July 22, 2017.
roads. The employees are engineering driver’s demonstrated knowledge and Issued on: July 20, 2015.
executives who design and test skill in CMV operations. The Agency
advanced CMV safety and emissions T.F. Scott Darling, III,
has received no information indicating Chief Counsel.
technology. They reside in Germany but that the terms and conditions of Mr.
come to the U.S. three or four times a [FR Doc. 2015–18676 Filed 7–29–15; 8:45 am]
Ennerst’s 2014 exemption have not been
year to test drive prototype Daimler satisfied fully. FMCSA has previously BILLING CODE 4910–EX–P
CMVs in the ‘‘real world’’ environment determined that the process for
of U.S. roads. Under 49 CFR 383.23, obtaining a German commercial license
operators of CMVs are required to hold DEPARTMENT OF TRANSPORTATION
is comparable to, or as effective as, the
a CDL issued by a State. Daimler requirements of part 383, and National Highway Traffic Safety
employees are residents of Germany and adequately assesses the driver’s ability Administration
cannot obtain a CDL in the U.S. because to operate CMVs in the U.S.
they are not residents of a State. They [Docket No. NHTSA–2011–0126]
are duly licensed to operate CMVs in Public Comment
Germany, have years of experience On April 16, 2015, FMCSA published Reports, Forms and Record Keeping
driving CMVs in Europe, and maintain notice of this application and provided Requirements; Agency Information
exemplary records of driving safety. a period of 60 days for public comment Collection Activity Under OMB Review
Daimler has explained in prior (80 FR 20561). No comments were AGENCY: National Highway Traffic
exemption applications that the German received. Safety Administration (NHTSA),
knowledge and skills tests and training Department of Transportation (DOT).
program that these drivers have FMCSA Decision
ACTION: Notice.
undergone are comparable to the CDL Based upon the merits of this
Lhorne on DSK7TPTVN1PROD with NOTICES

licensing programs of the States. application, including Mr. Ennerst’s SUMMARY: In compliance with the
Daimler asserts that its CMV drivers extensive CMV driving experience, Paperwork Reduction Act of 1995 (44
operating under the exemption in the safety record, and successful completion U.S.C. 3501 et seq.), this notice
U.S. will achieve a level of safety that of the training and testing requisite to a announces that the Information
is equivalent to, or greater than, the German CDL, FMCSA has concluded Collection Request (ICR) abstracted
level of safety would be obtained by that exemption would likely achieve a below has been forwarded to the Office
complying with the U.S. requirement for level of safety that is equivalent to or of Management and Budget (OMB) for

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Document Created: 2018-02-23 09:30:27
Document Modified: 2018-02-23 09:30:27

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 final disposition; granting of application for renewal of exemption.
Dates		This exemption is renewed effective July 22, 2015 and will expire July 22, 2017.
Contact		Mr. Robert Schultz, 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 45576

80 FR 45576 - Commercial Driver's License Standards: Application for Renewal of Exemption; Daimler Trucks North America (Daimler)

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 146 (July 30, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration