81 FR 19702 - 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 65 (April 5, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 65 (April 5, 2016)
| Page Range | 19702-19703 | |
| FR Document | 2016-07719 |
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)] [Notices] [Pages 19702-19703] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07719] ----------------------------------------------------------------------- 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; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) has requested 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 Ms. Melanie Baumann, executive assistant to the head of the Daimler Trucks and Bus Division. Ms. Baumann 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 May 5, 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 [[Page 19703]] 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) [Pub. L. 114-94, 129 Stat. 1312, Dec. 4, 2015], effective October 1, 2015, permits exemptions for no longer than five years from their dates of inception, instead of the previous two years. This statutory provision will be codified in 49 CFR part 381 in a forthcoming rulemaking. III. Request for Exemption Daimler has applied for a 5-year exemption for Melanie Baumann from 49 CFR 383.23, which prescribes licensing requirements for drivers operating CMVs in interstate or intrastate commerce. Ms. Baumann is unable to obtain a CDL in any of the U.S. States due to her lack of residency in the United States. A copy of the application is in Docket No. FMCSA-2012-0032. The exemption would allow Ms. Baumann 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. Ms. Baumann needs to drive Daimler vehicles on public roads to better understand ``real world'' environments in the U.S. market. According to Daimler, Ms. Baumann 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. She will in all cases be accompanied by a holder of a U.S. CDL who is familiar with the routes to be traveled. Ms. Baumann holds a valid German commercial license, and as explained by Daimler in its exemption request, the requirements for that license ensure that the same level of safety is met or exceeded as if this driver had a U.S. CDL. Furthermore, according to Daimler, Ms. Baumann is familiar with the operation of CMVs worldwide. 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 25, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-07719 Filed 4-4-16; 8:45 am] BILLING CODE 4910-EX-P
![19702 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices
Further Continuing Appropriations Act, 244), FHWA is providing this notice of • Federal eRulemaking Portal:
2015’’ (Pub. L. 113–235), FHWA its finding that a public interest waiver www.regulations.gov. Follow the online
published a notice of intent to issue a of Buy America requirements is instructions for submitting comments.
waiver on its Web site at http:// appropriate on the condition that the • Mail: Docket Management Facility,
www.fhwa.dot.gov/construction/ vehicles and equipment identified in U.S. Department of Transportation, 1200
contracts/waivers.cfm?id=117 on the notice be assembled in the U.S. The New Jersey Avenue SE., West Building,
January 5, 2016. The FHWA received FHWA invites public comment on this Ground Floor, Room W12–140,
five comments in response to the finding for an additional 15 days Washington, DC 20590–0001.
publication. Four commenters suggested following the effective date of the • Hand Delivery or Courier: West
that preference should be given to finding. Comments may be submitted to Building, Ground Floor, Room W12–
American products in support of FHWA’s Web site via the link provided 140, 1200 New Jersey Avenue SE.,
American workers and a waiver should to the waiver page noted above. between 9 a.m. and 5 p.m., Monday
only be granted if there are no domestic Authority: 23 U.S.C. 313; Pub. L. 110–161, through Friday, except Federal holidays.
products available. These commenters 23 CFR 635.410. • Fax: 1–202–493–2251.
did not provide a recommendation for Each submission must include the
domestic products that fully comply Issued on: March 29, 2016.
Agency name and the docket number for
with FHWA’s Buy America Gregory G. Nadeau, this notice. Note that DOT posts all
requirements. The fifth commenter Administrator, Federal Highway comments received without change to
supports granting a waiver and agreed Administration. www.regulations.gov, including any
that domestic assembly for the vehicles [FR Doc. 2016–07800 Filed 4–4–16; 8:45 am] personal information included in a
seems to be the only course to follow. BILLING CODE 4910–22–P comment. Please see the Privacy Act
Based on FHWA’s conclusion that heading below.
there are no domestic manufacturers Docket: For access to the docket to
that can produce the vehicles and DEPARTMENT OF TRANSPORTATION read background documents or
equipment identified in this notice in comments, go to www.regulations.gov at
such a way that steel and iron materials Federal Motor Carrier Safety
Administration any time or visit Room W12–140 on the
are manufactured domestically, and ground level of the West Building, 1200
after consideration of the comments [Docket No. FMCSA–2012–0032] New Jersey Avenue SE., Washington,
received, FHWA finds that application DC, between 9 a.m. and 5 p.m., ET,
of FHWA’s Buy America requirements Commercial Driver’s License Monday through Friday, except Federal
to these products is inconsistent with Standards: Application for Exemption; holidays. The on-line FDMS is available
the public interest (23 U.S.C. 313(b)(1) Daimler Trucks North America 24 hours each day, 365 days each year.
and 23 CFR 635.410(c)(2)(i)). However, (Daimler) Privacy Act: In accordance with 5
FHWA believes that it is in the public U.S.C. 553(c), DOT solicits comments
interest and consistent with the Buy AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. from the public to better inform its
America requirements to impose the rulemaking process. DOT posts these
condition that the vehicles and the ACTION: Notice of application for
exemption; request for comments. comments, without edit, including any
vehicle components be assembled in the personal information the commenter
U.S. Requiring final assembly to be SUMMARY: FMCSA announces that provides, to www.regulations.gov, as
performed in the U.S. is consistent with Daimler Trucks North America described in the system of records
past guidance to FHWA Division Offices (Daimler) has requested an exemption notice (DOT/ALL–14 FDMS), which can
on manufactured products (see for one commercial motor vehicle be reviewed at www.dot.gov/privacy.
Memorandum on Buy America Policy (CMV) driver from the Federal
Response, Dec. 22, 1997, http:// FOR FURTHER INFORMATION CONTACT: For
requirement to hold a U.S. commercial information concerning this notice,
www.fhwa.dot.gov/programadmin/
driver’s license (CDL). Daimler requests contact Ms. Pearlie Robinson, FMCSA
contracts/122297.cfm). A waiver of the
a five-year exemption for Ms. Melanie Driver and Carrier Operations Division;
Buy America requirement without any
Baumann, executive assistant to the Office of Carrier, Driver and Vehicle
regard to where the vehicle is assembled
head of the Daimler Trucks and Bus Safety Standards; Telephone: 202–366–
would diminish the purpose of the Buy
Division. Ms. Baumann holds a valid 4325. Email: MCPSD@dot.gov. If you
America requirement. Moreover, in
German commercial license and wants have questions on viewing or submitting
today’s economic environment, the Buy
to test drive Daimler vehicles on U.S. material to the docket, contact Docket
America requirement is especially
roads to better understand product Services, telephone (202) 366–9826.
significant in that it will ensure that
Federal Highway Trust Fund dollars are requirements in ‘‘real world’’ SUPPLEMENTARY INFORMATION:
used to support and create jobs in the environments, and verify results.
Daimler believes the requirements for a I. Public Participation and Request for
U.S. This approach is similar to the
German commercial license ensure that Comments
conditional waivers previously given for
various vehicle projects. Thus, so long operation under the exemption will FMCSA encourages you to participate
as the final assembly of the 48 State likely achieve a level of safety by submitting comments and related
projects occurs in the U.S., applicants to equivalent to or greater than the level materials.
that would be obtained in the absence
asabaliauskas on DSK3SPTVN1PROD with NOTICES
this waiver request may proceed to
of the exemption. Submitting Comments
purchase these vehicles and equipment
consistent with the Buy America DATES: Comments must be received on If you submit a comment, please
requirement. or before May 5, 2016. include the docket number for this
In accordance with the provisions of ADDRESSES: You may submit comments notice (FMCSA–2012–0032), indicate
section 117 of the ‘‘Safe, Accountable, bearing the Federal Docket Management the specific section of this document to
Flexible, Efficient Transportation Equity System (FDMS) Docket ID FMCSA– which the comment applies, and
Act: A Legacy for Users, Technical 2012–0032 using any of the following provide a reason for suggestions or
Corrections Act of 2008’’ (Pub. L. 110– methods: recommendations. You may submit
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![Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices 19703
your comments and material online or (FAST Act) [Pub. L. 114–94, 129 Stat. Issued on: March 25, 2016.
by fax, mail, or hand delivery, but 1312, Dec. 4, 2015], effective October 1, Larry W. Minor,
please use only one of these means. 2015, permits exemptions for no longer Associate Administrator for Policy.
FMCSA recommends that you include than five years from their dates of [FR Doc. 2016–07719 Filed 4–4–16; 8:45 am]
your name and a mailing address, an inception, instead of the previous two BILLING CODE 4910–EX–P
email address, or a phone number in the years. This statutory provision will be
body of your document so the Agency codified in 49 CFR part 381 in a
can contact you if it has questions forthcoming rulemaking. DEPARTMENT OF TRANSPORTATION
regarding your submission.
To submit your comment online, go to III. Request for Exemption
Federal Motor Carrier Safety
www.regulations.gov and put the docket Daimler has applied for a 5-year Administration
number, ‘‘FMCSA–2012–0032’’ in the exemption for Melanie Baumann from
49 CFR 383.23, which prescribes [Docket No. FMCSA–2015–0397]
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on licensing requirements for drivers
Commercial Driver’s License: Oregon
‘‘Comment Now!’’ button and type your operating CMVs in interstate or
Department of Transportation;
comment into the text box in the intrastate commerce. Ms. Baumann is
Application for Exemption
following screen. Choose whether you unable to obtain a CDL in any of the
are submitting your comment as an U.S. States due to her lack of residency AGENCY: Federal Motor Carrier Safety
individual or on behalf of a third party in the United States. A copy of the Administration (FMCSA), DOT.
and then submit. If you submit your application is in Docket No. FMCSA– ACTION: Notice of final disposition; grant
comments by mail or hand delivery, 2012–0032. of application for exemption.
submit them in an unbound format, no The exemption would allow Ms.
larger than 81⁄2 by 11 inches, suitable for Baumann to operate CMVs in interstate SUMMARY: FMCSA announces its
copying and electronic filing. If you or intrastate commerce to support decision to grant the Oregon Department
submit comments by mail and would Daimler field tests designed to meet of Transportation (ODOT) a limited
like to know that they reached the future vehicle safety and environmental exemption from the commercial
facility, please enclose a stamped, self- requirements and to promote learner’s permit (CLP) requirement in 49
addressed postcard or envelope. FMCSA technological advancements in vehicle CFR 383.25(c). All State Driver’s
will consider all comments and material safety systems and emissions Licensing Agencies (SDLAs) are allowed
received during the comment period reductions. Ms. Baumann needs to drive to use this exemption at their discretion.
and may grant or not grant this Daimler vehicles on public roads to The exemption will allow ODOT and
application based on your comments. better understand ‘‘real world’’ participating SDLAs to extend to one
environments in the U.S. market. year the 180-day timeline for the CLP
II. Legal Basis According to Daimler, Ms. Baumann from the date of issuance, without
FMCSA has authority under 49 U.S.C. will typically drive for no more than 6 requiring the CLP holder to retake the
31136(e) and 31315 to grant exemptions hours per day for 2 consecutive days, general and endorsement knowledge
from the Federal Motor Carrier Safety and that 10 percent of the test driving tests. Under the exemption, an applicant
Regulations. FMCSA must publish a will be on two-lane State highways, wishing to have a new CLP after the
notice of each exemption request in the while 90 percent will be on Interstate previous one expires will be required to
Federal Register (49 CFR 381.315(a)). highways. The driving will consist of no take all applicable tests before a new
The Agency must provide the public an more than 200 miles per day, for a total CLP is issued.
opportunity to inspect the information of 400 miles during a two-day period on
DATES: This exemption is effective April
relevant to the application, including a quarterly basis. She will in all cases
5, 2016, and expires April 5, 2018.
any safety analyses that have been be accompanied by a holder of a U.S.
conducted. The Agency must also CDL who is familiar with the routes to ADDRESSES:
provide an opportunity for public be traveled. Docket: For access to the docket to
comment on the request. Ms. Baumann holds a valid German read background documents or
The Agency reviews the safety commercial license, and as explained by comments, go to www.regulations.gov at
analyses and the public comments, and Daimler in its exemption request, the any time or visit Room W12–140 on the
determines whether granting the requirements for that license ensure that ground level of the West Building, 1200
exemption would likely achieve a level the same level of safety is met or New Jersey Avenue SE., Washington,
of safety equivalent to, or greater than, exceeded as if this driver had a U.S. DC, between 9 a.m. and 5 p.m., ET,
the level that would be achieved by the CDL. Furthermore, according to Monday through Friday, except Federal
current regulation (49 CFR 381.305). Daimler, Ms. Baumann is familiar with holidays. The on-line FDMS is available
The decision of the Agency must be the operation of CMVs worldwide. 24 hours each day, 365 days each year.
published in the Federal Register (49 FMCSA has previously determined Privacy Act: In accordance with 5
CFR 381.315(b)) with the reason for the that the process for obtaining a German U.S.C. 553(c), DOT solicits comments
grant or denial, and, if granted, the commercial license is comparable to, or from the public to better inform its
specific person or class of persons as effective as, the requirements of part rulemaking process. DOT posts these
receiving the exemption, and the 383, and adequately assesses the comments, without edit, including any
regulatory provision or provisions from driver’s ability to operate CMVs in the personal information the commenter
asabaliauskas on DSK3SPTVN1PROD with NOTICES
which exemption is granted. The notice U.S. Since 2012, FMCSA has granted provides, to www.regulations.gov, as
must also specify the effective period of Daimler drivers similar exemptions described in the system of records
the exemption (up to 5 years), and [May 25, 2012 (77 FR 31422); July 22, notice (DOT/ALL–14 FDMS), which can
explain the terms and conditions of the 2014 (79 FR 42626); March 27, 2015 (80 be reviewed at www.dot.gov/privacy.
exemption. The exemption may be FR 16511); October 5, 2015 (80 FR FOR FURTHER INFORMATION CONTACT: Mrs.
renewed (49 CFR 381.300(b)). 60220); December 7, 2015 (80 FR Pearlie Robinson, Driver and Carrier
Section 5206(a)(2) of the ‘‘Fixing 76059); December 21, 2015 (80 FR Operations Division; Office of Carrier,
America’s Surface Transportation Act,’’ 79410)]. Driver and Vehicle Safety Standards;
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Document Created: 2018-02-07 13:53:28
Document Modified: 2018-02-07 13:53:28
| 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; request for comments. | |
| Dates | Comments must be received on or before May 5, 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 19702 |
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