81_FR_26951 81 FR 26865 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

81 FR 26865 - 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 86 (May 4, 2016)

Page Range26865-26866
FR Document2016-10416

FMCSA announces that Daimler Trucks North America (Daimler) has requested a five-year exemption for one of its employees from the Federal requirement to hold a U.S. commercial driver's license (CDL). Mr. Henning Oeltjenbruns, general manager of the Daimler Truck Plant in Cleveland, NC, 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.

Federal Register, Volume 81 Issue 86 (Wednesday, May 4, 2016) 
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Notices]
[Pages 26865-26866]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10416]



[[Page 26865]]

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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 application for exemption; request for comments.

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SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) 
has requested a five-year exemption for one of its employees from the 
Federal requirement to hold a U.S. commercial driver's license (CDL). 
Mr. Henning Oeltjenbruns, general manager of the Daimler Truck Plant in 
Cleveland, NC, 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 June 3, 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)(3) of the ``Fixing America's Surface Transportation 
Act,'' (FAST Act) amended 49 U.S.C. 31315 by adding a new paragraph 
(b)(2) to permit 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

    On behalf of Henning Oeltjenbruns, Daimler has applied for a 5-year 
exemption from 49 CFR 383.23, which prescribes licensing requirements 
for drivers operating CMVs in interstate or intrastate commerce. Mr. 
Oeltjenbruns is unable to obtain a CDL in any of the States due to his 
lack of residency in the United States. A copy of the application is in 
Docket No. FMCSA-2012-0032.
    The exemption would allow Mr. Oeltjenbruns to operate CMVs in 
interstate or intrastate commerce to support Daimler field tests 
designed to meet future vehicle safety and

[[Page 26866]]

environmental requirements and to promote technological advancements in 
vehicle safety systems and emissions reductions. Mr. Oeltjenbruns needs 
to drive Daimler vehicles on public roads to better understand ``real 
world'' environments in the U.S. market. According to Daimler, Mr. 
Oeltjenbruns will typically drive for no more than 6 hours per day, 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, 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.
    Mr. Oeltjenbruns would be required to comply with all applicable 
Federal Motor Carrier Safety Regulations (49 CFR parts 350-399) except 
the CDL provisions described in this notice.
    Mr. Oeltjenbruns 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, Mr. 
Oeltjenbruns 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: April 27, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10416 Filed 5-3-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices 26865 DEPARTMENT OF TRANSPORTATION any time or visit Room W12–140 on the like to know that they reached the ground level of the West Building, 1200 facility, please enclose a stamped, self- Federal Motor Carrier Safety New Jersey Avenue SE., Washington, addressed postcard or envelope. FMCSA Administration DC, between 9 a.m. and 5 p.m., ET, will consider all comments and material Monday through Friday, except Federal received during the comment period [Docket No. FMCSA–2012–0032] holidays. The on-line FDMS is available and may grant or not grant this Commercial Driver’s License 24 hours each day, 365 days each year. application based on your comments. Standards: Application for Exemption; Privacy Act: In accordance with 5 II. Legal Basis Daimler Trucks North America U.S.C. 553(c), DOT solicits comments from the public to better inform its FMCSA has authority under 49 U.S.C. (Daimler) rulemaking process. DOT posts these 31136(e) and 31315 to grant exemptions AGENCY: Federal Motor Carrier Safety comments, without edit, including any from the Federal Motor Carrier Safety Administration (FMCSA), DOT. personal information the commenter Regulations. FMCSA must publish a ACTION: Notice of application for provides, to www.regulations.gov, as notice of each exemption request in the exemption; request for comments. described in the system of records Federal Register (49 CFR 381.315(a)). notice (DOT/ALL–14 FDMS), which can The Agency must provide the public an SUMMARY: FMCSA announces that be reviewed at www.dot.gov/privacy. opportunity to inspect the information Daimler Trucks North America relevant to the application, including FOR FURTHER INFORMATION CONTACT: For (Daimler) has requested a five-year any safety analyses that have been information concerning this notice, conducted. The Agency must also exemption for one of its employees from contact Ms. Pearlie Robinson, FMCSA the Federal requirement to hold a U.S. provide an opportunity for public Driver and Carrier Operations Division; comment on the request. commercial driver’s license (CDL). Mr. Office of Carrier, Driver and Vehicle Henning Oeltjenbruns, general manager The Agency reviews the safety Safety Standards; Telephone: 202–366– analyses and the public comments, and of the Daimler Truck Plant in Cleveland, 4325. Email: MCPSD@dot.gov. If you NC, holds a valid German commercial determines whether granting the have questions on viewing or submitting exemption would likely achieve a level license and wants to test drive Daimler material to the docket, contact Docket vehicles on U.S. roads to better of safety equivalent to, or greater than, Services, telephone (202) 366–9826. the level that would be achieved by the understand product requirements in SUPPLEMENTARY INFORMATION: current regulation (49 CFR 381.305). ‘‘real world’’ environments, and verify results. Daimler believes the I. Public Participation and Request for The decision of the Agency must be requirements for a German commercial Comments published in the Federal Register (49 license ensure that operation under the CFR 381.315(b)) with the reason for the FMCSA encourages you to participate grant or denial, and, if granted, the exemption will likely achieve a level of by submitting comments and related specific person or class of persons safety equivalent to or greater than the materials. receiving the exemption, and the level that would be obtained in the absence of the exemption. Submitting Comments regulatory provision or provisions from DATES: Comments must be received on which exemption is granted. The notice If you submit a comment, please must also specify the effective period of or before June 3, 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)(3) of the ‘‘Fixing methods: recommendations. You may submit America’s Surface Transportation Act,’’ • Federal eRulemaking Portal: your comments and material online or (FAST Act) amended 49 U.S.C. 31315 www.regulations.gov. Follow the online by fax, mail, or hand delivery, but by adding a new paragraph (b)(2) to instructions for submitting comments. please use only one of these means. permit exemptions for no longer than • Mail: Docket Management Facility, FMCSA recommends that you include five years from their dates of inception, U.S. Department of Transportation, 1200 your name and a mailing address, an instead of the previous two years. This New Jersey Avenue SE., West Building, email address, or a phone number in the statutory provision will be codified in Ground Floor, Room W12–140, body of your document so the Agency 49 CFR part 381 in a forthcoming Washington, DC 20590–0001. can contact you if it has questions rulemaking. • Hand Delivery or Courier: West regarding your submission. Building, Ground Floor, Room W12– To submit your comment online, go to III. Request for Exemption 140, 1200 New Jersey Avenue SE., www.regulations.gov and put the docket On behalf of Henning Oeltjenbruns, between 9 a.m. and 5 p.m., Monday number, ‘‘FMCSA–2012–0032’’ in the Daimler has applied for a 5-year through Friday, except Federal holidays. ‘‘Keyword’’ box, and click ‘‘Search.’’ exemption from 49 CFR 383.23, which • Fax: 1–202–493–2251 When the new screen appears, click on prescribes licensing requirements for Each submission must include the ‘‘Comment Now!’’ button and type your drivers operating CMVs in interstate or Agency name and the docket number for comment into the text box in the intrastate commerce. Mr. Oeltjenbruns this notice. Note that DOT posts all following screen. Choose whether you is unable to obtain a CDL in any of the asabaliauskas on DSK3SPTVN1PROD with NOTICES comments received without change to are submitting your comment as an States due to his lack of residency in the www.regulations.gov, including any individual or on behalf of a third party United States. A copy of the application personal information included in a and then submit. If you submit your is in Docket No. FMCSA–2012–0032. comment. Please see the Privacy Act comments by mail or hand delivery, The exemption would allow Mr. heading below. submit them in an unbound format, no Oeltjenbruns to operate CMVs in Docket: For access to the docket to larger than 81⁄2 by 11 inches, suitable for interstate or intrastate commerce to read background documents or copying and electronic filing. If you support Daimler field tests designed to comments, go to www.regulations.gov at submit comments by mail and would meet future vehicle safety and VerDate Sep<11>2014 18:44 May 03, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1

26866 Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices environmental requirements and to ACTION:Notice of application for notice (DOT/ALL–14 FDMS), which can promote technological advancements in exemption; request for comments. be reviewed at www.dot.gov/privacy. vehicle safety systems and emissions FOR FURTHER INFORMATION CONTACT: For reductions. Mr. Oeltjenbruns needs to SUMMARY: FMCSA announces that information concerning this notice, drive Daimler vehicles on public roads Daimler Trucks North America contact Ms. Pearlie Robinson, FMCSA to better understand ‘‘real world’’ (Daimler) has requested a five-year Driver and Carrier Operations Division; environments in the U.S. market. exemption for one of its employees from Office of Carrier, Driver and Vehicle According to Daimler, Mr. Oeltjenbruns the Federal requirement to hold a U.S. Safety Standards; Telephone: 202–366– will typically drive for no more than 6 commercial driver’s license (CDL). Mr. 4325. Email: MCPSD@dot.gov. If you hours per day, and 10 percent of the test Sebastian Boehm, a project engineer, have questions on viewing or submitting driving will be on two-lane state holds a valid German commercial material to the docket, contact Docket license and wants to test drive Daimler highways, while 90 percent will be on Services, telephone (202) 366–9826. vehicles on U.S. roads to better interstate highways. The driving will SUPPLEMENTARY INFORMATION: understand product requirements in consist of no more than 200 miles per ‘‘real world’’ environments, and verify I. Public Participation and Request for day, during a two-day period on a results. Daimler believes the Comments quarterly basis. He will in all cases be requirements for a German commercial FMCSA encourages you to participate accompanied by a holder of a U.S. CDL license ensure that operation under the by submitting comments and related who is familiar with the routes to be exemption will likely achieve a level of materials. traveled. safety equivalent to or greater than the Mr. Oeltjenbruns would be required Submitting Comments level that would be obtained in the to comply with all applicable Federal absence of the exemption. If you submit a comment, please Motor Carrier Safety Regulations (49 CFR parts 350–399) except the CDL DATES: Comments must be received on include the docket number for this provisions described in this notice. or before June 3, 2016. notice (FMCSA–2012–0032), indicate Mr. Oeltjenbruns holds a valid ADDRESSES: You may submit comments the specific section of this document to German commercial license, and as bearing the Federal Docket Management which the comment applies, and explained by Daimler in its exemption System (FDMS) Docket ID FMCSA– provide a reason for suggestions or request, the requirements for that 2012–0032 using any of the following recommendations. You may submit license ensure that the same level of methods: your comments and material online or safety is met or exceeded as if this • Federal eRulemaking Portal: by fax, mail, or hand delivery, but driver had a U.S. CDL. Furthermore, www.regulations.gov. Follow the online please use only one of these means. according to Daimler, Mr. Oeltjenbruns instructions for submitting comments. FMCSA recommends that you include is familiar with the operation of CMVs • Mail: Docket Management Facility, your name and a mailing address, an worldwide. U.S. Department of Transportation, 1200 email address, or a phone number in the FMCSA has previously determined New Jersey Avenue SE., West Building, body of your document so the Agency that the process for obtaining a German Ground Floor, Room W12–140, can contact you if it has questions commercial license is comparable to, or Washington, DC 20590–0001. regarding your submission. • Hand Delivery or Courier: West To submit your comment online, go to as effective as, the requirements of part Building, Ground Floor, Room W12– www.regulations.gov and put the docket 383, and adequately assesses the 140, 1200 New Jersey Avenue SE., number, ‘‘FMCSA–2012–0032’’ in the driver’s ability to operate CMVs in the between 9 a.m. and 5 p.m., Monday ‘‘Keyword’’ box, and click ‘‘Search.’’ U.S. Since 2012, FMCSA has granted When the new screen appears, click on through Friday, except Federal holidays. Daimler drivers similar exemptions • Fax: 1–202–493–2251. ‘‘Comment Now!’’ button and type your [May 25, 2012 (77 FR 31422); July 22, Each submission must include the comment into the text box in the 2014 (79 FR 42626); March 27, 2015 (80 Agency name and the docket number for following screen. Choose whether you FR 16511); October 5, 2015 (80 FR this notice. Note that DOT posts all are submitting your comment as an 60220); December 7, 2015 (80 FR comments received without change to individual or on behalf of a third party 76059); December 21, 2015 (80 FR www.regulations.gov, including any and then submit. If you submit your 79410)]. personal information included in a comments by mail or hand delivery, Issued on: April 27, 2016. comment. Please see the Privacy Act submit them in an unbound format, no Larry W. Minor, heading below. larger than 81⁄2 by 11 inches, suitable for Associate Administrator for Policy. Docket: For access to the docket to copying and electronic filing. If you [FR Doc. 2016–10416 Filed 5–3–16; 8:45 am] read background documents or submit comments by mail and would BILLING CODE 4910–EX–P comments, go to www.regulations.gov at like to know that they reached the any time or visit Room W12–140 on the facility, please enclose a stamped, self- ground level of the West Building, 1200 addressed postcard or envelope. FMCSA DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., Washington, will consider all comments and material DC, between 9 a.m. and 5 p.m., ET, received during the comment period Federal Motor Carrier Safety Monday through Friday, except Federal and may grant or not grant this Administration holidays. The on-line FDMS is available application based on your comments. 24 hours each day, 365 days each year. asabaliauskas on DSK3SPTVN1PROD with NOTICES [Docket No. FMCSA–2012–0032] Privacy Act: In accordance with 5 II. Legal Basis Commercial Driver’s License U.S.C. 553(c), DOT solicits comments FMCSA has authority under 49 U.S.C. Standards: Application for Exemption; from the public to better inform its 31136(e) and 31315 to grant exemptions Daimler Trucks North America rulemaking process. DOT posts these from the Federal Motor Carrier Safety (Daimler) comments, without edit, including any Regulations. FMCSA must publish a personal information the commenter notice of each exemption request in the AGENCY:Federal Motor Carrier Safety provides, to www.regulations.gov, as Federal Register (49 CFR 381.315(a)). Administration (FMCSA), DOT. described in the system of records The Agency must provide the public an VerDate Sep<11>2014 18:44 May 03, 2016 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1


Document Created: 2016-05-04 01:23:22
Document Modified: 2016-05-04 01:23:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application for exemption; request for comments.
DatesComments must be received on or before June 3, 2016.
ContactFor 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 Citation81 FR 26865 
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