80 FR 76059 - 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 234 (December 7, 2015)

Page Range		76059-76061
FR Document		2015-30804

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, Michael Seitter, 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 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.

Federal Register, Volume 80 Issue 234 (Monday, December 7, 2015)

[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76059-76061]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30804]


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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.

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

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, Michael Seitter, 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 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 December 7, 2015 and expires 
December 7, 2017.

ADDRESSES: Docket: For access to the docket to read background 
documents or comments, 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 FDMS is available 
24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and 
Carrier

[[Page 76060]]

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. If you have questions on viewing material in the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2012-0032 in the ``Keyword'' box and click 
``Search.'' Next, click ``Open Docket Folder'' button and choose the 
document listed to review. If you do not have access to the Internet, 
you may view the docket online by visiting the Docket Management 
Facility in Room W12-140 on the ground floor of the DOT West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., e.t., Monday through Friday, except Federal holidays.

II. Background

    Since 2012, FMCSA has granted five Daimler drivers similar 
exemptions [May 25, 2012 (77 FR 31422); July 22, 2014 (79 FR 42626); 
August 29, 2014 (79 FR 516910); March 27, 2015 (80 FR 16511)]. Each of 
these drivers held a valid German commercial license but lacked the 
U.S. residency required to obtain a CDL. FMCSA has 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.

III. 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.

IV. Daimler Application for Exemption

    Daimler applied for the same CDL exemption for Michael Seitter as 
for the previous five German drivers. Notice of the application was 
published on September 10, 2015 (80 FR 54655). Only one comment was 
received to the docket and the commenter neither opposed nor supported 
the exemption for Mr. Seitter. A copy of the Daimler request is in the 
docket identified at the beginning of this notice. The exemption allows 
Mr. Seitter 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. Seitter is a citizen and resident of 
Germany. Only residents of a State can apply for a CDL. Without the 
exemption, Mr. Seitter would not be able to test-drive prototype CMVs 
on U.S. roads.
    Mr. Seitter 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.

V. 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. Seitter 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.

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. Seitter'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).

VII. Terms and Conditions for the Exemption

    FMCSA grants Daimler and Mr. Michael Seitter an exemption from the 
CDL requirement in 49 CFR 383.23 to allow Mr. Seitter 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. Seitter 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.

VIII. Preemption

    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 to interstate or intrastate 
commerce that conflicts with or is inconsistent with

[[Page 76061]]

this exemption with respect to a firm or person operating under the 
exemption.

    Issued on: November 25, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-30804 Filed 12-4-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 76059

medium-lift launches, including the • University of Alaska Anchorage— DEPARTMENT OF TRANSPORTATION
construction of a launch pad and Carolyn Floyd Library, 117 Benny
associated facilities. As part of the Benson Drive, Kodiak, AK 99615 Federal Motor Carrier Safety
Proposed Action addressed in the EA, Administration
• Anchorage Municipal Library, 3600
AAC would make improvements to the Denali St., Anchorage, AK 99503 [Docket No. FMCSA–2012–0032]
KLC to add both solid and liquid-
propellant, medium-lift launch DATES: The FAA encourages all
Commercial Driver’s License
capability, and to operate the KLC in the interested parties to provide comments Standards: Application for Exemption;
future as a small-lift and medium-lift concerning the scope and content of the Daimler Trucks North America
launch complex. Proposed construction Second Draft EA. To ensure that all (Daimler)
at KLC includes six primary comments can be addressed in the Final
modifications: Construction of Launch EA, comments on the draft must be AGENCY: Federal Motor Carrier Safety
Pad 3 (LP3), a vehicle processing received by the FAA no later than Administration (FMCSA), DOT.
facility, rocket staging facility, liquid January 11, 2016. Comments should be ACTION: Notice of final disposition; grant
fuel facility, mission control center and as specific as possible and address the of application for exemption.
improvements to Pasagshak Point Road. analysis of potential environmental
Proposed launch operations would SUMMARY: FMCSA announces its
impacts and the adequacy of the decision to grant Daimler Trucks North
include up to six orbital small-lift proposed action or merits of alternatives
launches and three medium-lift America’s (Daimler) application for an
and the mitigation being considered. exemption to allow a Daimler employee
launches per year from the existing Reviewers should organize their
launch pads and from the proposed LP3; to drive commercial motor vehicles
comments to be meaningful and inform (CMV) in the United States without
however, to be conservative in the the FAA of their interests and concerns
analysis of potential environmental having a commercial driver’s license
by quoting or providing specific (CDL) issued by one of the States. The
impacts, the EA assumes a maximum of references to the text of the Second Draft
nine medium-lift launches per year. driver, Michael Seitter, will test-drive
EA. Matters that could have been raised Daimler vehicles on U.S. roads to better
The EA addresses the potential with specificity during the comment understand product requirements for
environmental impacts of implementing period on the Second Draft EA may not these vehicles in ‘‘real world’’
the Proposed Action and the No Action be considered if they are raised for the environments and verify results. He
Alternative. Under the No Action holds a valid German commercial
first time later in the decision process.
Alternative, the FAA would not modify license but lacks the U.S. residency
This commenting procedure is intended
AAC’s Launch Site Operator License to necessary to obtain a CDL issued by one
to ensure that substantive comments
include medium-lift launch capability of the States. FMCSA believes that the
and AAC would not proceed with the and concerns are made available to the
FAA in a timely manner so that the FAA process for obtaining a German
construction of medium-lift launch commercial license is comparable to or
support infrastructure at KLC. Existing has an opportunity to address them.
as effective as the U.S. CDL
launch activities for up to nine orbital Before including your address, phone requirements and ensures that this
small-lift class launches per year from number, email address, or other driver will likely achieve a level of
the existing launch pads would personal identifying information in your safety that is equivalent to or greater
continue. comment, be advised that your entire than the level of safety that would be
The impact categories considered in comment—including your personal obtained in the absence of the
the EA include air quality; compatible identifying information—may be made exemption.
land use; Department of Transportation publicly available at any time. While
DATES: This exemption is effective
Act: Section 4(f); fish, wildlife, and you can ask us in your comment to
December 7, 2015 and expires December
plants; hazardous materials, pollution withhold from public review your 7, 2017.
prevention, and solid waste; historical, personal identifying information, we
architectural, archaeological, and ADDRESSES: Docket: For access to the
cannot guarantee that we will be able to
cultural resources; light emissions and docket to read background documents
do so.
visual impacts; natural resources and or comments, go to www.regulations.gov
ADDRESSES: Please submit comments in at any time or visit Room W12–140 on
energy supply; noise; socioeconomic,
environmental justice, and children’s writing to Stacey M. Zee, Federal the ground level of the West Building,
environmental health and safety risk; Aviation Administration, c/o ICF 1200 New Jersey Avenue SE.,
water quality; and wetlands. The EA International, 9300 Lee Highway, Washington, DC, between 9 a.m. and 5
also considers the potential cumulative Fairfax, VA 22031; or by email at p.m., ET, Monday through Friday,
environmental impacts. FAAKodiakEA@icfi.com. except Federal holidays. The on-line
Issued in Washington, DC on November 30,
FDMS is available 24 hours each day,
The FAA has posted the Second Draft
2015.
365 days each year.
EA on the FAA Office of Commercial Privacy Act: In accordance with 5
Space Transportation Web site: http:// Daniel Murray, U.S.C. 553(c), DOT solicits comments
www.faa.gov/about/office_org/ Manager, Space Transportation Development from the public to better inform its
headquarters_offices/ast/ Division. rulemaking process. DOT posts these
environmental/nepa_docs/review/ [FR Doc. 2015–30731 Filed 12–4–15; 8:45 am] comments, without edit, including any
mstockstill on DSK4VPTVN1PROD with NOTICES

documents_progress/kodiak_launch/. personal information the commenter
BILLING CODE 4910–13–P
A paper copy and a CD version of the provides, to www.regulations.gov, as
Second Draft EA may be reviewed for described in the system of records
comment during regular business hours notice (DOT/ALL–14 FDMS), which can
at the following libraries: be reviewed at www.dot.gov/privacy.
• Kodiak Public Library, 612 Egan Way, FOR FURTHER INFORMATION CONTACT: Mrs.
Kodiak, AK 99615 Pearlie Robinson, Driver and Carrier

VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\07DEN1.SGM 07DEN1

Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 76061

this exemption with respect to a firm or exemption process, see the ‘‘Public level that would be achieved absent
person operating under the exemption. Participation’’ heading below. Note that such exemption’’ (49 CFR 381.305(a)).
Issued on: November 25, 2015. all comments received will be posted
Basis for Renewing Exemption
T.F. Scott Darling, III,
without change to http://
www.regulations.gov, including any On November 18, 2011 (76 FR 71619),
Acting Administrator. FMCSA published a notice of final
personal information provided. Please
[FR Doc. 2015–30804 Filed 12–4–15; 8:45 am] disposition granting exemption
see the ‘‘Privacy Act’’ heading for
BILLING CODE 4910–EX–P further information. applications from Con-way, Takata, and
Docket: For access to the docket to Iteris to allow the placement of lane
read background documents or departure warning system sensors lower
DEPARTMENT OF TRANSPORTATION comments received, go to http:// in the windshield than is currently
www.regulations.gov or to Room W12– permitted by the Agency’s regulations.
Federal Motor Carrier Safety In 2011, Iteris completed the sale of its
Administration 140, DOT Building, New Jersey Avenue
SE., Washington, DC, between 9 a.m. vehicle sensors business to Bendix
[Docket No. FMCSA–2010–0166] and 5 p.m., Monday through Friday, Commercial Vehicles Systems LLC
except Federal holidays. The Federal (Bendix), which continued to sell the
Parts and Accessories Necessary for Docket Management System (FDMS) is Iteris-developed lane departure warning
Safe Operation; Exemption Renewal available 24 hours each day, 365 days systems. In May 2013, Bendix applied
for Bendix Commercial Vehicles each year. If you want for a renewal of the November 2011
Systems LLC acknowledgement that we received your exemption. On November 25, 2013,
comments, please include a self- FMCSA published a notice renewing
AGENCY: Federal Motor Carrier Safety
addressed, stamped envelope or this exemption until November 18, 2015
Administration (FMCSA), DOT.
postcard or print the acknowledgement (78 FR 70396). While the November
ACTION: Notice of renewal of exemption; 2011 exemption granted relief to motor
request for comments. page that appears after submitting
comments on-line. carriers using only the Takata and Iteris
SUMMARY: FMCSA renews an exemption Privacy Act: In accordance with 5 lane departure warning systems, the
that enables motor carriers to mount U.S.C. 553(c), DOT solicits comments November 2013 exemption renewal
lane departure warning system cameras from the public to better inform its extended the scope of the exemption to
and collision mitigation system cameras rulemaking process. DOT posts these encompass motor carriers using any
lower in the windshield of a commercial comments, without edit, including any lane departure warning system provided
motor vehicle (CMV) than is currently personal information the commenter that the sensor that is mounted in the
permitted by the Agency’s regulations. provides, to www.regulations.gov, as windshield is (1) the same size or
The Agency has concluded that granting described in the system of records smaller than the Takata and Bendix
sensors, and (2) mounted in the
this exemption renewal will maintain a notice (DOT/ALL–14 FDMS), which can
windshield in accordance with the
level of safety that is equivalent to, or be reviewed at www.dot.gov/privacy.
provisions of the original exemption.
greater than, the level of safety achieved Public participation: The http://
Bendix is seeking renewal of the 2013
without the exemption. However, the www.regulations.gov Web site is
exemption, and requests that the scope
Agency requests comments on this generally available 24 hours each day,
of the exemption be extended to include
issue, especially from anyone who 365 days each year. You may find
its comparably-sized camera-based
believes this standard will not be electronic submission and retrieval help
collision mitigation system.
maintained. and guidelines under the ‘‘help’’ section The FMCSA has determined
DATES: This decision is effective of the http://www.regulations.gov Web preliminarily that it is appropriate to
November 18, 2015. Comments must be site as well as the DOT’s http:// renew the exemption for another two-
received on or before January 6, 2016. docketsinfo.dot.gov Web site. If you year period pending a review of public
would like notification that we received comments in response to the
ADDRESSES: You may submit comments
your comments, please include a self- application. The Agency believes that
bearing the Federal Docket Management
addressed, stamped envelope or granting the exemption renewal to
System (FDMS) number FMCSA–2010–
postcard or print the acknowledgment continue allowing the placement of lane
0166 by any of the following methods:
page that appears after submitting
• Federal eRulemaking Portal: Go to departure warning system sensors lower
comments online. in the windshield than is currently
http://www.regulations.gov. Follow the
on-line instructions for submitting FOR FURTHER INFORMATION CONTACT: Mr. permitted by the Agency’s regulations
comments. Luke W. Loy, Vehicle and Roadside will provide a level of safety that is
• Mail: Docket Management Facility, Operations Division, Office of Bus and equivalent to, or greater than the level
U.S. Department of Transportation, Truck Standards and Operations, MC– of safety achieved without the
Room W12–140, 1200 New Jersey PSV, (202) 366–0676, Federal Motor exemption because (1) based on the
Avenue SE., Washington, DC 20590– Carrier Safety Administration, 1200 technical information available, there is
0001. New Jersey Avenue SE., Washington, no indication that the lane departure
• Hand Delivery: Ground Floor, Room DC 20590–0001. warning system sensors would obstruct
W12–140, DOT Building, 1200 New SUPPLEMENTARY INFORMATION: drivers’ views of the roadway, highway
Jersey Avenue SE., Washington, DC, signs and surrounding traffic; (2)
Background
mstockstill on DSK4VPTVN1PROD with NOTICES

between 9 a.m. and 5 p.m. e.t., Monday generally, trucks and buses have an
through Friday, except Federal holidays. Under 49 U.S.C. 31136(e) and elevated seating position that greatly
• Fax: 1–202–493–2251. 31315(b)(1), FMCSA may renew an improves the forward visual field of the
Instructions: Each submission must exemption from the Federal Motor driver, and any impairment of available
include the Agency name and docket Carrier Safety Regulations for a two-year sight lines would be minimal; and (3)
number for this notice. For detailed period if it finds ‘‘such exemption the location within the top two inches
instructions on submitting comments would likely achieve a level of safety of the area swept by the windshield
and additional information on the that is equivalent to, or greater than, the wiper and out of the driver’s normal

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Document Created: 2015-12-14 13:30:41
Document Modified: 2015-12-14 13:30:41

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 December 7, 2015 and expires December 7, 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. If you have questions on viewing material in the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		80 FR 76059

80 FR 76059 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 234 (December 7, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration