80 FR 60220 - 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 192 (October 5, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 192 (October 5, 2015)
| Page Range | 60220-60222 | |
| FR Document | 2015-25130 |
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)] [Notices] [Pages 60220-60222] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25130] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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, Christian Urban, 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 commercial [[Page 60221]] license 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 commercial license 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 October 5, 2015 and expires October 5, 2017. FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325, Email: MCPSD@dot.gov, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE. Washington, DC 20590-0001. Docket: For access to the docket to read background documents or comments submitted to notice requesting public comments on the exemption application, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, except Federal holidays. The on-line Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice. 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 CDL program and to CMV programs and safety regulation. Background In the May 25, 2012, Federal Register (77 FR 31422) FMCSA granted an exemption for two of Daimler's test drivers similar to the one requested for Mr. Urban. Each held a valid German commercial license but lacked the U.S. residency necessary to obtain a CDL. FMCSA concluded that the process for obtaining a German commercial license 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. Daimler Application for Exemption Daimler applied for the same CDL exemption for Christian Urban. Notice of the application was published on June 2, 2015 (80 FR 31452). No comments were received. A copy of the Daimler request is in the docket identified at the beginning of this notice. The exemption allows Mr. Urban 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. Urban is a citizen and resident of Germany. Only residents of a State can apply for a CDL. Without the exemption, Mr. Urban would not be able to test-drive prototype CMVs on U.S. roads. Mr. Urban holds a valid German commercial license 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 commercial license ensure that drivers meet or exceed the same level of safety as if these drivers had obtained a U.S. CDL. Mr. Urban is familiar with the operation of CMVs worldwide and will be accompanied at all times by a driver who holds a U.S. CDL and is familiar with the routes to be traveled. FMCSA has determined that the process for obtaining a commercial license in Germany is comparable to that for obtaining a CDL issued by one of the States and adequately assesses the driver's ability to operate CMVs safely in the United States. FMCSA Decision Based upon the merits of this application, including Mr. Urban's extensive driving experience and safety record, and the fact that he has successfully completed the requisite training and testing to obtain a German commercial license, 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. Christian Urban an exemption from the CDL requirement in 49 CFR 383.23 to allow Mr. Urban 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 commercial license; (3) the driver must be employed by and operate the CMV within the scope of his duties for Daimler; (4) at all times while operating a CMV under this exemption, the driver must be accompanied by a holder of a U.S. CDL who is familiar with the routes traveled; (5) Daimler must notify FMCSA in writing within 5 business days of any accident, as defined in 49 CFR 390.5, involving this driver; and (6) Daimler must notify FMCSA in writing if this driver is convicted of a disqualifying offense under Sec. 383.51 or Sec. 391.15 of the FMCSRs. In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will be valid for 2 years unless revoked earlier by the FMCSA. The exemption will be revoked if (1) Mr. Urban 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. In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable [[Page 60222]] to interstate or intrastate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. Issued on: September 25, 2015. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2015-25130 Filed 10-2-15; 8:45 am] BILLING CODE 4910-EX-P
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Leader, FHWA Alaska Division, P.O. the EA and Finding of No Significant Magnuson-Stevenson Fishery
Box 21648, Juneau, Alaska 99802–1648; Impact (FONSI). Conservation and Management Act
office hours 7 a.m.–4:30 p.m. (AST), The actions by the Federal agencies, 1976 as amended [16 U.S.C. 1801 et
phone (907) 586–7428; email and the laws under which such actions seq.].
John.Lohrey@dot.gov. You may also were taken, are described in the EA for 19. Historic and Cultural Resources:
contact Brian Elliott, DOT&PF Central the project, approved on July 13, 2015, Archeological Resources Protection
Region Environmental Manager, Alaska in the FONSI issued on August 31, Act of 1977 [16 U.S.C. 470(aa)–11];
Department of Transportation and 2015, and in other documents in the Archeological and Historic
Public Facilities, 4111 Aviation Drive, FHWA project records. The EA, FONSI, Preservation Act [16 U.S.C. 469–
P.O. Box 196900, Anchorage, Alaska and other project records are available 469(c)].
99519–6900; office hours 7:30 a.m.–5 by contacting FHWA or the State of 20. Social and Economic: Farmland
p.m. (AST), phone (907) 269–0539, Alaska Department of Transportation & Protection Policy Act (FPPA) [7
email Brian.Elliott@alaska.gov. Public Facilities at the addresses U.S.C. 4201–4209].
SUPPLEMENTARY INFORMATION: Notice is provided above. The EA and FONSI 21. Wetlands and Water Resources:
hereby given that FHWA has taken final documents can be viewed and Coastal Zone Management Act [16
agency actions subject to 23 U.S.C. downloaded from the project Web site at U.S.C. 1451–1465]; Land and Water
139(l)(1) by issuing licenses, permits, www.knikgoosebayroad.com or viewed Conservation Fund (LWCF) [16
and approvals for the following highway at 4111 Aviation Avenue, Anchorage, U.S.C. 4601–4604]; Wild and Scenic
reconstruction project in the State of Alaska 99519. Rivers Act [16 U.S.C. 1271–1287].
Alaska: Knik-Goose Bay Road (KGB) This notice applies to all Federal 22. Executive Orders: E.O. 13186
Reconstruction: MP 0.3 to 6.8, Centaur agency decisions as of the issuance date Migratory Birds; E.O. 11514
Avenue to Vine Road. KGB Road will be of this notice and all laws under which Protection and Enhancement of
improved as follows: Six-lanes (three such actions were taken, including but Environmental Quality.
lanes in each direction) from Palmer- not limited to: (Catalog of Federal Domestic Assistance
Wasilla Highway (PWH) to Mack Road 1. General: National Environmental Program Number 20.205, Highway Planning
with a raised urban median and four- Policy Act (NEPA) (42 U.S.C. 4321– and Construction. The regulations
lanes (two in each direction) from Mack 4351 et seq.). implementing Executive Order 12372
Road to Vine Road, with a non- 2. Council on Environmental Quality regarding intergovernmental consultation on
Federal programs and activities apply to this
traversable depressed grass median. The Regulations (40 CFR parts 1500– program.)
section from Centaur Avenue to PWH 1508).
would provide space to expand from 3. Federal-Aid Highway Act of 1970, 23 Authority: 23 U.S.C. 139(l)(1)
two to four lanes. The six-lane section U.S.C. 109. Dated: September 28, 2015.
(PWH to Mack Road) would consist of 4. MAP–21, the Moving Ahead for Sandra A. Garcia-Aline,
three 12-foot wide travel lanes in each Progress in the 21st Century Act Division Administrator, Juneau, Alaska.
direction with six-foot wide outside (Pub. L. 112–141).
[FR Doc. 2015–25229 Filed 10–2–15; 8:45 am]
shoulders with curb and gutter, four- 5. Migratory Bird Treaty Act (16 U.S.C.
BILLING CODE 4910–RY–P
foot wide inside shoulders, and a 30- 703–712)
foot wide raised median. The four-lane 6. Historic and Cultural Resources:
section (Mack Road to Vine Road) Section 106 of the National Historic
DEPARTMENT OF TRANSPORTATION
would consist of two 12-foot wide lanes Preservation Act of 1966, as
in each direction with eight-foot outside amended (16 U.S.C. 470(f) et seq.). Federal Motor Carrier Safety
shoulders, four-foot inside shoulders, 7. Clean Water Act (Section 401) (33 Administration
and a 30-foot wide depressed grass U.S.C. 1251–1377) of 1977 and 1987
median. The section from PWH to Mack (Federal Water Pollution Control [Docket No. FMCSA–2012–0032]
Road will have continuous illumination Act of 1972).
Commercial Driver’s License
and a 45 mile-per-hour speed limit. 8. Federal Endangered Species Act of
Standards: Application for Exemption;
Turn lanes will be included as 1973 (16 U.S.C. 1531–1543).
Daimler Trucks North America
appropriate and median breaks will be 9. Fish and Wildlife Coordination Act of
(Daimler)
placed approximately every one-eighth 1934, as amended.
to one-half mile along the corridor as 10. Noise Control Act of 1972. AGENCY: Federal Motor Carrier Safety
necessary. The existing 10-foot wide 11. Safe Drinking Water Act of 1944, as Administration (FMCSA), DOT.
separated multi-use pathway along the amended. ACTION: Notice of final disposition; grant
north side of the road would be 12. Executive Order 11990—Protection of application for exemption.
reconstructed as necessary. The of Wetlands
environmental effects of the KGB Road 13. Executive Order 11988—Floodplain SUMMARY: FMCSA announces its
Reconstruction project are evaluated Management decision to grant Daimler Trucks North
and described in the Environmental 14. Executive Order 13112, Invasive America’s (Daimler) application for an
Assessment (EA) pursuant to the Species exemption to allow a Daimler employee
National Environmental Policy Act. Key 15. Executive Order 12898, Federal to drive commercial motor vehicles
issues identified in the EA include Actions to Address Environmental (CMV) in the United States without
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acquisition of right-of-way, traffic noise, Justice and Low Income having a commercial driver’s license
access to and from KGB Road, project Populations (CDL) issued by one of the States. The
development is too slow, temporary 16. Title VI of the Civil Rights Act of driver, Christian Urban, will test-drive
construction effects, and concerns from 1964, as amended. Daimler vehicles on U.S. roads to better
the City of Wasilla over the design 17. Department of Transportation Act of understand product requirements for
within city limits. Measures to avoid, 1966, Section 4(f) (49 U.S.C. 303). these vehicles in ‘‘real world’’
minimize, and/or mitigate adverse 18. Anadromous Fish Conservation Act environments and verify results. He
environmental effects are included in [16 U.S.C. 757(a)–757(g)] holds a valid German commercial
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to interstate or intrastate commerce that may seek Federal disaster assistance for intended to impose a requirement, but
conflicts with or is inconsistent with emergency related expenses. This is used where the recommendation is
this exemption with respect to a firm or guidance document, Reference Manual clear and consistent for the majority of
person operating under the exemption. for States & Transit Agencies on potentially affected transit agencies.
Issued on: September 25, 2015. Response and Recovery from Declared
Chapter 2: Disaster Preparation
T.F. Scott Darling, III, Disasters and FTA’s Emergency Relief
Considerations for Transit Agencies
Program, includes information on
Acting Administrator. Comment 2: Given the wide range of
disaster relief resources available for
[FR Doc. 2015–25130 Filed 10–2–15; 8:45 am] governmental structures and variation
transit systems from both FTA and
BILLING CODE 4910–EX–P
FEMA, in addition to detailed program across regions with regard to the
guidance and application instructions mandate and/or capacity of
for FTA’s Emergency Relief Program. Metropolitan Planning Organizations
DEPARTMENT OF TRANSPORTATION (MPOs), Emergency Operations Centers
This manual has been produced in
coordination with FEMA, and (EOCs), transit agencies, and local
Federal Transit Administration
incorporates current guidance on FEMA governments, the commenter suggests
Emergency Relief Program Guidance disaster relief programs. It also includes that the section on coordinating and
guidance for transit agencies on the pre-planning evacuations should be
AGENCY: Federal Transit Administration appropriate circumstances under which revised to lay out the critical activities
(FTA), U.S. Department of to apply to FTA or FEMA for disaster involved in coordinating an evacuation,
Transportation (DOT). relief assistance. without assigning responsibilities.
ACTION: Notice of availability of final This reference manual includes FTA Response: This manual is
guidance for FTA’s Emergency Relief background information on other directed specifically to transit agencies
Program. sources of Federal disaster relief and related entities, and contains
assistance, in addition to recommended recommendations on the types of
SUMMARY: The Federal Transit coordination, in which a transit agency
practices for states and transit agencies
Administration (FTA) has published should be involved. Such
for disaster preparation and response
final guidance on FTA’s Emergency recommendations do not override local
Relief (ER) Program for states and transit previously included in ‘‘Response and
Recovery from Declared Emergencies arrangements where a transit agency is
agencies that may be affected by a a subordinate party to such a
declared emergency or disaster and that and Disasters: A Reference for Transit
Agencies.’’ This information has been coordinated emergency plan.
may seek Federal funding under FTA’s In response, this section has been
ER Program. The guidance is contained updated and is contained in Chapters 1,
2 and 3 of this reference manual. revised to emphasize cooperation with
in the newly revised Reference Manual other responsible organizations and
Guidance specific to FTA’s ER
for States & Transit Agencies on levels of government.
Program is contained in Chapter 4 of
Response and Recovery from Declared Comment 3: Regarding the manual’s
Disasters and FTA’s Emergency Relief this reference manual.
This includes an overview of eligible recommendation that transit agencies
Program, which replaces Response and develop policies for suspending fare
recipients, eligible projects, application
Recovery from Declared Emergencies collection during an emergency, the
procedures, and other key program
and Disasters: A Reference for Transit commenter noted that the decision to
policies and requirements. The
Agencies, last updated in June 2013. suspend fares is likely to depend on
guidance in this manual is based on
This final guidance addresses one particular circumstances of the
final program regulations published on
public comment received in response to emergency and that transit agencies
October 7, 2014 at 49 C.F.R part 602 (79
the proposed guidance published on should have flexibility to make this
February 4, 2015. In addition to FR 60349), which were developed
through a public notice and comment decision on a case-by-case basis.
guidance on the ER Program, this FTA response: The section has been
document provides information on process. The guidance document
includes previously issued policy clarified to emphasize that this
other disaster relief resources available recommendation pertains not only to
through FTA and from the Federal statements and information from
Federal Register notices that FTA the development of policies on when
Emergency Management Agency and how such a decision might be
(FEMA). This guidance is now available published subsequent to Hurricane
Sandy. made, but also to the development of
on FTA’s Web site at www.fta.dot.gov/ operational plans for implementing
The final Emergency Relief program
emergencyrelief. such a policy.
guidance incorporates several
FOR FURTHER INFORMATION CONTACT: For Comment 4: With regard to
clarifications in response to the one
questions about the ER Program, contact consolidated public comment received contracting requirements, the
Adam Schildge, Office of Program on the proposed guidance published commenter recommends that FTA add a
Management, 1200 New Jersey Ave. SE., February 4, 2015. Specific comments discussion regarding the recommended
Washington, DC 20590, phone: (202) and responses are explained below: use of federal provisions in emergency
366–0778, or email, adam.schildge@ response and recovery contracts and to
dot.gov. For legal questions regarding Chapter 1: Introduction clarify the timeline and potential for
the final program regulations, contact Comment 1: The commenter suggests waivers of Federal contracting
Bonnie Graves, Office of Chief Counsel, that FTA avoid using the term ‘‘should’’ requirements.
1200 New Jersey Ave. SE., Washington,
mstockstill on DSK4VPTVN1PROD with NOTICES
in the context of recommended FTA response: The FTA has added
DC 20590, phone: (202) 366–0944, or practices, because local circumstances language to clarify that although
email, Bonnie.Graves@dot.gov. may make certain disaster relief contracting provisions and requirements
SUPPLEMENTARY INFORMATION: The FTA preparation recommendations may be waived, recipients should not
has published final guidance on FTA’s inappropriate or insufficient. assume that FTA will waive
ER Program for states and transit FTA response: The final guidance requirements; therefore it is advisable to
agencies that may be affected by a retains the use of ‘‘should’’ where follow Federal procurement
declared emergency or disaster and that appropriate. The term ‘‘should’’ is not requirements for any emergency relief
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Document Created: 2015-12-15 08:53:18
Document Modified: 2015-12-15 08:53:18
| 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; grant of application for exemption. | |
| Dates | This exemption is effective October 5, 2015 and expires October 5, 2017. | |
| Contact | Mrs. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325, Email: [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE. Washington, DC 20590-0001. | |
| FR Citation | 80 FR 60220 |
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