80 FR 79410 - 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 244 (December 21, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 244 (December 21, 2015)
| Page Range | 79410-79411 | |
| FR Document | 2015-31959 |
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)] [Notices] [Pages 79410-79411] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31959] ----------------------------------------------------------------------- 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, Philipp Kehm, 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 21, 2015 and expires December 21, 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 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. 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 achieved absent such exemption. IV. Daimler Application for Exemption Daimler applied for the same CDL exemption for Philipp Kehm. Notice of the application was published on September 4, 2015 (80 FR 53614). Only one comment was filed, and the commenter neither opposed nor supported the application for exemption for Mr. Kehm. A copy of the Daimler request is in the docket identified at the beginning of this notice. The exemption would allow Mr. Kehm 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 up to 10 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, on a biannual basis. Section 383.21 requires CMV drivers in the United States to have a CDL issued by a State. With a few exceptions, only residents of a State can apply for a CDL. Mr. Kehm is a citizen and resident of Germany. Without the [[Page 79411]] exemption, he would not be able to test-drive prototype CMVs on U.S. roads. Mr. Kehm 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. Kehm 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. Kehm'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. Philipp Kehm an exemption from the CDL requirement in 49 CFR 383.23 to allow Mr. Kehm 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. Kehm 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 this exemption with respect to a firm or person operating under the exemption. Issued on: December 10, 2015. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2015-31959 Filed 12-18-15; 8:45 am] BILLING CODE 4910-EX-P
![79410 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices
specific section of this document to of the States. FMCSA believes that the II. Background
which each comment applies, and process for obtaining a German
provide a reason for each suggestion or commercial license is comparable to or Since 2012, FMCSA has granted five
recommendation. If you submit your as effective as the U.S. CDL Daimler drivers similar exemptions
comments by mail or hand delivery, requirements and ensures that this [May 25, 2012 (77 FR 31422); July 22,
submit them in an unbound format, no driver will likely achieve a level of 2014 (79 FR 42626); August 29, 2014 (79
larger than 81⁄2 by 11 inches, suitable for safety that is equivalent to or greater FR 516910); March 27, 2015 (80 FR
copying and electronic filing. If you than the level of safety that would be 16511)]. Each of these drivers held a
submit comments by mail and would obtained in the absence of the valid German commercial license but
like to know that they reached the exemption. lacked the U.S. residency required to
facility, please enclose a stamped, self- obtain a CDL. FMCSA has concluded
addressed postcard or envelope. DATES: This exemption is effective that the process for obtaining a German
We will consider all comments and December 21, 2015 and expires commercial license is comparable to or
material received during the comment December 21, 2017. as effective as the U.S. CDL
period and may change this proposed ADDRESSES: Docket: For access to the requirements and ensures that these
rule based on your comments. FMCSA docket to read background documents drivers will likely achieve a level of
may issue a final rule at any time after or comments, go to www.regulations.gov safety equivalent to or greater than the
the close of the comment period. at any time or visit Room W12–140 on level that would be obtained in the
the ground level of the West Building, absence of the exemption.
V. Viewing Comments and Documents
1200 New Jersey Avenue SE., III. Legal Basis
To view comments, as well as any Washington, DC, between 9 a.m. and 5
documents mentioned in this preamble, p.m., ET, Monday through Friday, The Secretary of Transportation (the
To submit your comment online, go to except Federal holidays. The on-line Secretary) has the authority to grant
http://www.regulations.gov and in the FDMS is available 24 hours each day, exemptions from any of the Federal
search box insert the docket number 365 days each year Motor Carrier Safety Regulations
FMCSA–2015–0339 and click ‘‘Search.’’ (FMCSRs) issued under chapter 313 or
Privacy Act: In accordance with 5
Next, click ‘‘Open Docket Folder’’ and § 31136 of title 49, United States Code,
U.S.C. 553(c), DOT solicits comments
you will find all documents and to a person(s) seeking regulatory relief
from the public to better inform its
comments related to the proposed (49 U.S.C. 31136(e), and 31315(b)). Prior
rulemaking process. DOT posts these
rulemaking. to granting an exemption, the Secretary
comments, without edit, including any
Issued on: December 9, 2015. personal information the commenter must request public comment and make
Larry W. Minor, provides, to www.regulations.gov, as a determination that the exemption is
Associate Administrator for Policy. described in the system of records likely to achieve a level of safety that is
[FR Doc. 2015–31973 Filed 12–18–15; 8:45 am] notice (DOT/ALL–14 FDMS), which can equivalent to, or greater than, the level
BILLING CODE 4910–EX–P be reviewed at www.dot.gov/privacy. of safety that would be achieved absent
such exemption.
FOR FURTHER INFORMATION CONTACT: Mrs.
Pearlie Robinson, Driver and Carrier IV. Daimler Application for Exemption
DEPARTMENT OF TRANSPORTATION Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards; Daimler applied for the same CDL
Federal Motor Carrier Safety exemption for Philipp Kehm. Notice of
Administration Telephone: 202–366–4325, Email:
MCPSD@dot.gov, Federal Motor Carrier the application was published on
[Docket No. FMCSA–2012–0032] Safety Administration, 1200 New Jersey September 4, 2015 (80 FR 53614). Only
Avenue SE., Washington, DC 20590– one comment was filed, and the
Commercial Driver’s License 0001. If you have questions on viewing commenter neither opposed nor
Standards: Application for Exemption; material in the docket, contact Docket supported the application for exemption
Daimler Trucks North America Services, telephone (202) 366–9826. for Mr. Kehm. A copy of the Daimler
(Daimler) request is in the docket identified at the
SUPPLEMENTARY INFORMATION: beginning of this notice. The exemption
AGENCY: Federal Motor Carrier Safety
I. Public Participation would allow Mr. Kehm to operate CMVs
Administration (FMCSA), DOT.
to support Daimler field tests to meet
ACTION: Notice of final disposition; grant Viewing Comments and Documents future vehicle safety and environmental
of application for exemption. requirements and to promote the
To view comments, as well as
SUMMARY: FMCSA announces its documents mentioned in this preamble development of technology and
decision to grant Daimler Trucks North as being available in the docket, go to advancements in vehicle safety systems
America’s (Daimler) application for an www.regulations.gov and insert the and emissions reductions. He will
exemption to allow a Daimler employee docket number, ‘‘FMCSA–2012 -0032 in typically drive for no more than 6 hours
to drive commercial motor vehicles the ‘‘Keyword’’ box and click ‘‘Search.’’ per day for up to 10 days, and 10
(CMV) in the United States without Next, click ‘‘Open Docket Folder’’ percent of the test driving will be on
having a commercial driver’s license button and choose the document listed two-lane State highways, while 90
(CDL) issued by one of the States. The to review. If you do not have access to percent will be on interstate highways.
The driving will consist of no more than
mstockstill on DSK4VPTVN1PROD with NOTICES
driver, Philipp Kehm, will test-drive the Internet, you may view the docket
Daimler vehicles on U.S. roads to better online by visiting the Docket 200 miles per day, on a biannual basis.
understand product requirements for Management Facility in Room W12–140 Section 383.21 requires CMV drivers
these vehicles in ‘‘real world’’ on the ground floor of the DOT West in the United States to have a CDL
environments and verify results. He Building, 1200 New Jersey Avenue SE., issued by a State. With a few
holds a valid German commercial Washington, DC 20590, between 9 a.m. exceptions, only residents of a State can
license but lacks the U.S. residency and 5 p.m., e.t., Monday through Friday, apply for a CDL. Mr. Kehm is a citizen
necessary to obtain a CDL issued by one except Federal holidays. and resident of Germany. Without the
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![Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices 79411
exemption, he would not be able to test- FMCSA in writing if this driver is SUPPLEMENTARY INFORMATION:
drive prototype CMVs on U.S. roads. convicted of a disqualifying offense
Mr. Kehm holds a valid German I. Electronic Access
under § 383.51 or § 391.15 of the
commercial license and is an FMCSRs. You may see all the comments online
experienced operator of CMVs. In the In accordance with 49 U.S.C. 31315 through the Federal Document
application for exemption, Daimler also and 31136(e), the exemption will be Management System (FDMS) at: http://
submitted documentation showing his valid for 2 years unless revoked earlier www.regulations.gov.
safe German driving record. by the FMCSA. The exemption will be Docket: For access to the docket to
revoked if (1) Mr. Kehm fails to comply read background documents or
V. Method To Ensure an Equivalent or comments, go to http://
Greater Level of Safety with the terms and conditions of the
exemption; (2) the exemption results in www.regulations.gov and/or Room
According to Daimler, the a lower level of safety than was W12–140 on the ground level of the
requirements for a German-issued maintained before it was granted; or (3) West Building, 1200 New Jersey Avenue
commercial license ensure that drivers continuation of the exemption would be SE., Washington, DC, between 9 a.m.
meet or exceed the same level of safety inconsistent with the goals and and 5 p.m., Monday through Friday,
as if these drivers had obtained a U.S. objectives of 49 U.S.C. 31315 and 31136. except Federal holidays.
CDL. Mr. Kehm is familiar with the Privacy Act: In accordance with 5
operation of CMVs worldwide and will VIII. Preemption U.S.C. 553(c), DOT solicits comments
be accompanied at all times by a driver In accordance with 49 U.S.C. from the public to better inform its
who holds a U.S. CDL and is familiar 31315(d), as implemented by 49 CFR rulemaking process. DOT posts these
with the routes to be traveled. FMCSA 381.600, during the period this comments, without edit, including any
has determined that the process for exemption is in effect, no State shall personal information the commenter
obtaining a commercial license in enforce any law or regulation applicable provides, to www.regulations.gov, as
Germany is comparable to that for to interstate or intrastate commerce that described in the system of records
obtaining a CDL issued by one of the conflicts with or is inconsistent with notice (DOT/ALL–14 FDMS), which can
States and adequately assesses the this exemption with respect to a firm or be reviewed at www.dot.gov/privacy.
driver’s ability to operate CMVs safely person operating under the exemption.
in the United States. II. Background
Issued on: December 10, 2015. On August 6, 2015, FMCSA published
VI. FMCSA Decision T.F. Scott Darling, III, a notice of receipt of Federal diabetes
Based upon the merits of this Acting Administrator. exemption applications from 46
application, including Mr. Kehm’s [FR Doc. 2015–31959 Filed 12–18–15; 8:45 am] individuals and requested comments
extensive driving experience and safety BILLING CODE 4910–EX–P from the public (80 FR 47024). The
record, and the fact that he has public comment period closed on
successfully completed the requisite September 8, 2015, and no comments
training and testing to obtain a German DEPARTMENT OF TRANSPORTATION were received.
commercial license, FMCSA concluded FMCSA has evaluated the eligibility
that the exemption would likely achieve Federal Motor Carrier Safety of the 46 applicants and determined that
a level of safety that is equivalent to or Administration granting the exemptions to these
greater than the level that would be [FMCSA Docket No. FMCSA–2015–0064] individuals would achieve a level of
achieved absent such exemption, in safety equivalent to or greater than the
accordance with § 381.305(a). Qualification of Drivers; Exemption level that would be achieved by
Applications; Diabetes Mellitus complying with the current regulation
VII. Terms and Conditions for the
Exemption 49 CFR 391.41(b)(3).
AGENCY: Federal Motor Carrier Safety
FMCSA grants Daimler and Mr. Administration (FMCSA), DOT. Diabetes Mellitus and Driving
Philipp Kehm an exemption from the ACTION: Notice of final disposition. Experience of the Applicants
CDL requirement in 49 CFR 383.23 to The Agency established the current
allow Mr. Kehm to drive CMVs in this SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970
country without a U.S. State-issued to exempt 46 individuals from its rule because several risk studies indicated
CDL, subject to the following terms and prohibiting persons with insulin-treated that drivers with diabetes had a higher
conditions: (1) The driver and carrier diabetes mellitus (ITDM) from operating rate of crash involvement than the
must comply with all other applicable commercial motor vehicles (CMVs) in general population. The diabetes rule
provisions of the Federal Motor Carrier interstate commerce. The exemptions provides that ‘‘A person is physically
Safety Regulations (FMCSRs) (49 CFR enable these individuals to operate qualified to drive a commercial motor
parts 350–399); (2) the driver must be in CMVs in interstate commerce. vehicle if that person has no established
possession of the exemption document DATES: The exemptions were effective medical history or clinical diagnosis of
and a valid German commercial license; on September 9, 2015. The exemptions diabetes mellitus currently requiring
(3) the driver must be employed by and expire on September 9, 2017. insulin for control’’ (49 CFR
operate the CMV within the scope of his FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
duties for Daimler; (4) at all times while Christine A. Hydock, Chief, Medical FMCSA established its diabetes
mstockstill on DSK4VPTVN1PROD with NOTICES
operating a CMV under this exemption, Programs Division, (202) 366–4001, exemption program, based on the
the driver must be accompanied by a fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
holder of a U.S. CDL who is familiar Department of Transportation, 1200 Report to Congress on the Feasibility of
with the routes traveled; (5) Daimler New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with
must notify FMCSA in writing within 5 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to
business days of any accident, as Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
defined in 49 CFR 390.5, involving this e.t., Monday through Friday, except Directed by the Transportation Act for
driver; and (6) Daimler must notify Federal holidays. the 21st Century.’’ The report concluded
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Document Created: 2015-12-19 02:57:19
Document Modified: 2015-12-19 02:57:19
| 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 21, 2015 and expires December 21, 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 79410 |
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