81 FR 17242 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 59 (March 28, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 59 (March 28, 2016)
| Page Range | 17242-17243 | |
| FR Document | 2016-06953 |
[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)] [Notices] [Pages 17242-17243] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06953] [[Page 17242]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2012-0032] Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler) AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption renewal; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) has requested a renewal of an exemption for one commercial motor vehicle (CMV) driver from the Federal requirement to hold a U.S. commercial driver's license (CDL). Daimler requests a five-year exemption for Dr. Wolfgang Bernhard, head of the Daimler Trucks and Bus Division, who will test drive CMVs for Daimler within the United States. Dr. Bernhard holds a valid German commercial license and wants to test drive Daimler vehicles on U.S. roads to better understand product requirements in ``real world'' environments, and verify results. Daimler believes the requirements for a German commercial license ensure that operation under the exemption will likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption. DATES: Comments must be received on or before April 27, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2012-0032 using any of the following methods:Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. 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: For information concerning this notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected]. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA-2012-0032), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to www.regulations.gov and put the docket number, ``FMCSA-2012-0032'' in the ``Keyword'' box, and click ``Search.'' When the new screen appears, click on ``Comment Now!'' button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may grant or not grant this application based on your comments. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is granted. The notice must also specify the effective period of the exemption (up to 5 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Section 5206(a)(2) of the ``Fixing America's Surface Transportation Act,'' (FAST Act), effective October 1, 2015, permits exemptions for no longer than five years from their dates of inception, instead of the current two years. This statutory provision will be codified in 49 CFR part 381 in a forthcoming rulemaking. III. Request for Exemption Daimler requests a renewal of its exemption from 49 CFR 383.23, which prescribes licensing requirements for drivers operating CMVs in interstate or intrastate commerce, for the next five years for the chief executive of its Truck and Bus Division. Section 5206(a)(2) of the ``Fixing America's Surface Transportation Act,'' (FAST Act), effective October 1, 2015, permits exemptions for no longer than five years [[Page 17243]] from their dates of inception. This driver, Dr. Wolfgang Bernhard, holds a valid German commercial license but is unable to obtain a CDL in any of the U.S. States due to residency requirements. A copy of the request for renewal, dated February 22 and 23, 2016, is in the docket identified at the beginning of this notice. FMCSA initially granted an exemption to Dr. Bernhard on August 29, 2014 (79 FR 51641). This exemption was effective August 29, 2014, and expires August 29, 2016. Detailed information about the qualifications and experience of Dr. Bernhard was provided by Daimler in its original application, a copy of which is in the docket. Renewal of the exemption will enable Dr. Bernhard to operate CMVs in interstate or intrastate commerce to support Daimler field tests designed to meet future vehicle safety and environmental requirements and to promote technological advancements in vehicle safety systems and emissions reductions. Dr. Bernhard needs to drive Daimler vehicles on public roads to better understand ``real world'' environments in the U.S. market. According to Daimler, Dr. Bernhard will typically drive for no more than 6 hours per day for 2 consecutive days, and that 10 percent of the test driving will be on two-lane state highways, while 90 percent will be on interstate highways. The driving will consist of no more than 200 miles per day, for a total of 400 miles during a two-day period on a quarterly basis. He will in all cases be accompanied by a holder of a U.S. CDL who is familiar with the routes to be traveled. Daimler has explained in prior exemption requests that the German knowledge and skills tests and training program ensure that Daimler's drivers operating under the exemption will achieve a level of safety that is equivalent to, or greater than, the level of safety obtained by complying with the U.S. requirement for a CDL. Furthermore, according to Daimler, Dr. Bernhard is familiar with the operation of CMVs worldwide. IV. Method To Ensure an Equivalent or Greater Level of Safety 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. Since 2012, FMCSA has granted Daimler drivers similar exemptions [May 25, 2012 (77 FR 31422); July 22, 2014 (79 FR 42626); March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR 60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR 79410)]. Issued on: March 21, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-06953 Filed 3-25-16; 8:45 am] BILLING CODE 4910-EX-P
![17242 Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices
DEPARTMENT OF TRANSPORTATION comment. Please see the Privacy Act comments by mail or hand delivery,
heading below. submit them in an unbound format, no
Federal Motor Carrier Safety Docket: For access to the docket to larger than 81⁄2 by 11 inches, suitable for
Administration read background documents or copying and electronic filing. If you
comments, go to www.regulations.gov at submit comments by mail and would
[Docket No. FMCSA–2012–0032]
any time or visit Room W12–140 on the like to know that they reached the
Commercial Driver’s License ground level of the West Building, 1200 facility, please enclose a stamped, self-
Standards: Application for Exemption; New Jersey Avenue SE., Washington, addressed postcard or envelope. FMCSA
Daimler Trucks North America DC, between 9 a.m. and 5 p.m., ET, will consider all comments and material
(Daimler) Monday through Friday, except Federal received during the comment period
holidays. The on-line FDMS is available and may grant or not grant this
AGENCY: Federal Motor Carrier Safety 24 hours each day, 365 days each year. application based on your comments.
Administration (FMCSA), DOT. Privacy Act: In accordance with 5 II. Legal Basis
ACTION: Notice of application for U.S.C. 553(c), DOT solicits comments
exemption renewal; request for from the public to better inform its FMCSA has authority under 49 U.S.C.
comments. rulemaking process. DOT posts these 31136(e) and 31315 to grant exemptions
comments, without edit, including any from the Federal Motor Carrier Safety
SUMMARY: FMCSA announces that personal information the commenter Regulations. FMCSA must publish a
Daimler Trucks North America provides, to www.regulations.gov, as notice of each exemption request in the
(Daimler) has requested a renewal of an described in the system of records Federal Register (49 CFR 381.315(a)).
exemption for one commercial motor notice (DOT/ALL–14 FDMS), which can The Agency must provide the public an
vehicle (CMV) driver from the Federal be reviewed at www.dot.gov/privacy. opportunity to inspect the information
requirement to hold a U.S. commercial relevant to the application, including
FOR FURTHER INFORMATION CONTACT: For
driver’s license (CDL). Daimler requests any safety analyses that have been
information concerning this notice, conducted. The Agency must also
a five-year exemption for Dr. Wolfgang contact Ms. Pearlie Robinson, FMCSA
Bernhard, head of the Daimler Trucks provide an opportunity for public
Driver and Carrier Operations Division; comment on the request.
and Bus Division, who will test drive Office of Carrier, Driver and Vehicle
CMVs for Daimler within the United The Agency reviews the safety
Safety Standards; Telephone: 202–366– analyses and the public comments, and
States. Dr. Bernhard holds a valid 4325. Email: MCPSD@dot.gov. If you
German commercial license and wants determines whether granting the
have questions on viewing or submitting exemption would likely achieve a level
to test drive Daimler vehicles on U.S. material to the docket, contact Docket
roads to better understand product of safety equivalent to, or greater than,
Services, telephone (202) 366–9826. the level that would be achieved by the
requirements in ‘‘real world’’
SUPPLEMENTARY INFORMATION: current regulation (49 CFR 381.305).
environments, and verify results.
Daimler believes the requirements for a I. Public Participation and Request for The decision of the Agency must be
German commercial license ensure that Comments published in the Federal Register (49
operation under the exemption will CFR 381.315(b)) with the reason for the
FMCSA encourages you to participate grant or denial, and, if granted, the
likely achieve a level of safety
by submitting comments and related specific person or class of persons
equivalent to or greater than the level
materials. receiving the exemption, and the
that would be obtained in the absence
of the exemption. Submitting Comments regulatory provision or provisions from
which exemption is granted. The notice
DATES: Comments must be received on If you submit a comment, please must also specify the effective period of
or before April 27, 2016. include the docket number for this the exemption (up to 5 years), and
ADDRESSES: You may submit comments notice (FMCSA–2012–0032), indicate explain the terms and conditions of the
bearing the Federal Docket Management the specific section of this document to exemption. The exemption may be
System (FDMS) Docket ID FMCSA– which the comment applies, and renewed (49 CFR 381.300(b)).
2012–0032 using any of the following provide a reason for suggestions or Section 5206(a)(2) of the ‘‘Fixing
methods: recommendations. You may submit America’s Surface Transportation Act,’’
• Federal eRulemaking Portal: your comments and material online or (FAST Act), effective October 1, 2015,
www.regulations.gov. Follow the online by fax, mail, or hand delivery, but permits exemptions for no longer than
instructions for submitting comments. please use only one of these means. five years from their dates of inception,
• Mail: Docket Management Facility, FMCSA recommends that you include instead of the current two years. This
U.S. Department of Transportation, 1200 your name and a mailing address, an statutory provision will be codified in
New Jersey Avenue SE., West Building, email address, or a phone number in the 49 CFR part 381 in a forthcoming
Ground Floor, Room W12–140, body of your document so the Agency rulemaking.
Washington, DC 20590–0001. can contact you if it has questions
• Hand Delivery or Courier: West regarding your submission. III. Request for Exemption
Building, Ground Floor, Room W12– To submit your comment online, go to Daimler requests a renewal of its
140, 1200 New Jersey Avenue SE., www.regulations.gov and put the docket exemption from 49 CFR 383.23, which
between 9 a.m. and 5 p.m., Monday number, ‘‘FMCSA–2012–0032’’ in the prescribes licensing requirements for
through Friday, except Federal holidays. ‘‘Keyword’’ box, and click ‘‘Search.’’ drivers operating CMVs in interstate or
Lhorne on DSK5TPTVN1PROD with NOTICES
• Fax: 1–202–493–2251. When the new screen appears, click on intrastate commerce, for the next five
Each submission must include the ‘‘Comment Now!’’ button and type your years for the chief executive of its Truck
Agency name and the docket number for comment into the text box in the and Bus Division. Section 5206(a)(2) of
this notice. Note that DOT posts all following screen. Choose whether you the ‘‘Fixing America’s Surface
comments received without change to are submitting your comment as an Transportation Act,’’ (FAST Act),
www.regulations.gov, including any individual or on behalf of a third party effective October 1, 2015, permits
personal information included in a and then submit. If you submit your exemptions for no longer than five years
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![Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices 17243
from their dates of inception. This 60220); December 7, 2015 (80 FR at http://www.nist.gov/itl/acd/
driver, Dr. Wolfgang Bernhard, holds a 76059); December 21, 2015 (80 FR cybersecurity-framework-workshop-
valid German commercial license but is 79410)]. 2016.cfm.
unable to obtain a CDL in any of the Issued on: March 21, 2016.
U.S. States due to residency FOR FURTHER INFORMATION CONTACT: Beth
Larry W. Minor, Knickerbocker, Counsel (202) 649–5490,
requirements. A copy of the request for
renewal, dated February 22 and 23, Associate Administrator for Policy. for persons who are deaf or hard of
2016, is in the docket identified at the [FR Doc. 2016–06953 Filed 3–25–16; 8:45 am] hearing, TTY, (202) 649–5597,
beginning of this notice. BILLING CODE 4910–EX–P Legislative and Regulatory Activities
FMCSA initially granted an Division, Office of the Comptroller of
exemption to Dr. Bernhard on August the Currency, 400 7th Street SW., Suite
29, 2014 (79 FR 51641). This exemption DEPARTMENT OF THE TREASURY 3E–218, Mail Stop 9W–11, Washington,
was effective August 29, 2014, and DC 20219.
expires August 29, 2016. Detailed Office of the Comptroller of the SUPPLEMENTARY INFORMATION: The
information about the qualifications and Currency FFIEC, on behalf of its members,
experience of Dr. Bernhard was released the Assessment on June 30,
provided by Daimler in its original Federal Financial Institutions 2015, to help institutions identify their
application, a copy of which is in the Examination Council Cybersecurity cyber risk and assess their cybersecurity
docket. Renewal of the exemption will Assessment Tool Working Session in preparedness. The purpose of the
enable Dr. Bernhard to operate CMVs in the National Institute of Standards and Assessment working session is to obtain
interstate or intrastate commerce to Technology Cybersecurity Framework substantive input from financial
support Daimler field tests designed to Workshop institutions and other interested parties
meet future vehicle safety and AGENCY: Office of the Comptroller of the on ways to improve the Assessment.
environmental requirements and to Currency (‘‘OCC’’), Treasury. The Agencies are holding the
promote technological advancements in ACTION: Notice of public meeting. Assessment working session on April 7,
vehicle safety systems and emissions 2016, as a part of the NIST workshop,
reductions. Dr. Bernhard needs to drive SUMMARY: The OCC, on behalf of itself, at the NIST Campus—100 Bureau Drive,
Daimler vehicles on public roads to the Board of Governors of the Federal Gaithersburg, Maryland 20899. The
better understand ‘‘real world’’ Reserve System, Federal Deposit NIST workshop, including the
environments in the U.S. market. Insurance Corporation, and National Assessment working session, will be
According to Daimler, Dr. Bernhard will Credit Union Administration Webcast online at http://www.nist.gov/
typically drive for no more than 6 hours (Agencies), announces a public meeting itl/acd/cybersecurity-framework-
per day for 2 consecutive days, and that to receive feedback on the Federal workshop-2016.cfm. The in-person
10 percent of the test driving will be on Financial Institutions Examination Assessment working session will be
two-lane state highways, while 90 Council (FFIEC) Cybersecurity open to any individual registered for the
percent will be on interstate highways. Assessment Tool (Assessment). NIST workshop and attendance will be
The driving will consist of no more than on a first-come, first-served basis. There
DATES: The Agencies will hold a public
200 miles per day, for a total of 400 is no cost for registering for the
meeting on the Assessment on
miles during a two-day period on a workshop or attending the working
Thursday, April 7, 2016, beginning at
quarterly basis. He will in all cases be session. The Assessment working
9:00 a.m. Eastern Daylight Time (EDT).
accompanied by a holder of a U.S. CDL session will provide a forum for
The public meeting is a part of the
who is familiar with the routes to be discussion of all aspects of the
National Institute of Standards and
traveled. Assessment and will be an opportunity
Daimler has explained in prior Technology (NIST) cybersecurity
framework workshop, taking place on for interested persons to ask questions
exemption requests that the German
Wednesday, April 6, and Thursday, about the Assessment. Specifically,
knowledge and skills tests and training
program ensure that Daimler’s drivers April 7, 2016. The public meeting on interested parties are encouraged to
operating under the exemption will the Assessment will be a separate provide feedback on the Assessment’s
achieve a level of safety that is working session (Assessment working inherent risk profile, cybersecurity
equivalent to, or greater than, the level session) during the NIST workshop and maturity, and supplemental materials.
of safety obtained by complying with will be open to any individual The Agencies may limit the time
the U.S. requirement for a CDL. registered for the NIST workshop. available to individuals seeking to
Furthermore, according to Daimler, Dr. Registrations for the NIST workshop provide their input, if needed, in order
Bernhard is familiar with the operation will be accepted until March 31, 2016 to accommodate the number of people
of CMVs worldwide. 11:59 p.m. EDT. There is no cost for desiring to speak.
registering for the workshop or All participants in the Assessment
IV. Method To Ensure an Equivalent or attending the working session. working session must pre-register for
Greater Level of Safety Attendance at the Assessment working the NIST workshop at http://
FMCSA has previously determined session will be on a first-come, first- www.nist.gov/itl/acd/cybersecurity-
that the process for obtaining a German served basis. The NIST workshop, framework-workshop-2016.cfm.
commercial license is comparable to, or including the Assessment working Further details about the NIST
as effective as, the requirements of part session, will be Webcast at http:// workshop, including the Assessment
Lhorne on DSK5TPTVN1PROD with NOTICES
383, and adequately assesses the www.nist.gov/itl/acd/cybersecurity- working session, are published on the
driver’s ability to operate CMVs in the framework-workshop-2016.cfm. NIST Web site at http://www.nist.gov/
U.S. Since 2012, FMCSA has granted ADDRESSES: The Assessment working itl/acd/cybersecurity-framework-
Daimler drivers similar exemptions session will be held on April 7, 2016 at workshop-2016.cfm. The agenda for the
[May 25, 2012 (77 FR 31422); July 22, 9:00 a.m., at the NIST Campus, 100 NIST workshop is posted at http://
2014 (79 FR 42626); March 27, 2015 (80 Bureau Drive, Gaithersburg, Maryland www.nist.gov/itl/acd/upload/Agenda_
FR 16511); October 5, 2015 (80 FR 20899. All participants must pre-register Cybersec-2.pdf.
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Document Created: 2016-03-26 00:13:39
Document Modified: 2016-03-26 00:13:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of application for exemption renewal; request for comments. | |
| Dates | Comments must be received on or before April 27, 2016. | |
| Contact | For information concerning this notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 81 FR 17242 |
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