81 FR 26866 - 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)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 86 (May 4, 2016)
| Page Range | 26866-26867 | |
| FR Document | 2016-10415 |
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)] [Notices] [Pages 26866-26867] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10415] ----------------------------------------------------------------------- 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 a five-year exemption for one of its employees from the Federal requirement to hold a U.S. commercial driver's license (CDL). Mr. Sebastian Boehm, a project engineer, 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 [[Page 26867]] 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 Sebastian Boehm, 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. Boehm 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. Boehm 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. Mr. Boehm needs to drive Daimler vehicles on public roads to better understand ``real world'' environments in the U.S. market. According to Daimler, Mr. Boehm will typically drive for no more than 6 hours per day, 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 one to two weeks 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. Boehm 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. Boehm 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. Boehm 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. 2016-10415 Filed 5-3-16; 8:45 am] BILLING CODE 4910-EX-P
![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](https://thefederalregister.org/doc/81_FR_26952/page/1.svg)
![Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Notices 26867
opportunity to inspect the information who is familiar with the routes to be safety standards (the U.S.-certified
relevant to the application, including traveled. version of the 2008 Aston Martin
any safety analyses that have been Mr. Boehm would be required to Vantage V8 PC) and they are capable of
conducted. The Agency must also comply with all applicable Federal being readily altered to conform to the
provide an opportunity for public Motor Carrier Safety Regulations (49 standards.
comment on the request. CFR parts 350–399) except the CDL DATE: The closing date for comments on
The Agency reviews the safety provisions described in this notice. the petition is June 3, 2016.
analyses and the public comments, and Mr. Boehm holds a valid German ADDRESSES: Comments should refer to
determines whether granting the commercial license, and as explained by the docket and notice numbers above
exemption would likely achieve a level Daimler in its exemption request, the and be submitted by any of the
of safety equivalent to, or greater than, requirements for that license ensure that following methods:
the level that would be achieved by the the same level of safety is met or • Federal eRulemaking Portal: Go to
current regulation (49 CFR 381.305). exceeded as if this driver had a U.S. http://www.regulations.gov. Follow the
The decision of the Agency must be CDL. Furthermore, according to online instructions for submitting
published in the Federal Register (49 Daimler, Mr. Boehm is familiar with the comments.
CFR 381.315(b)) with the reason for the operation of CMVs worldwide. • Mail: Docket Management Facility:
grant or denial, and, if granted, the FMCSA has previously determined U.S. Department of Transportation, 1200
specific person or class of persons that the process for obtaining a German New Jersey Avenue SE., West Building
receiving the exemption, and the commercial license is comparable to, or
regulatory provision or provisions from Ground Floor, Room W12–140,
as effective as, the requirements of part Washington, DC 20590–0001.
which exemption is granted. The notice 383, and adequately assesses the
must also specify the effective period of • Hand Delivery or Courier: West
driver’s ability to operate CMVs in the Building Ground Floor, Room W12–140,
the exemption (up to 5 years), and U.S. Since 2012, FMCSA has granted
explain the terms and conditions of the 1200 New Jersey Avenue SE., between
Daimler drivers similar exemptions 9 a.m. and 5 p.m. ET, Monday through
exemption. The exemption may be [May 25, 2012 (77 FR 31422); July 22,
renewed (49 CFR 381.300(b)). Friday, except Federal holidays.
2014 (79 FR 42626); March 27, 2015 (80 • Fax: 202–493–2251.
Section 5206(a)(3) of the ‘‘Fixing FR 16511); October 5, 2015 (80 FR
America’s Surface Transportation Act,’’ Instructions: Comments must be
60220); December 7, 2015 (80 FR written in the English language, and be
(FAST Act) amended 49 U.S.C 31315 by 76059); December 21, 2015 (80 FR
adding a new paragraph (b)(2) to permit no greater than 15 pages in length,
79410)]. although there is no limit to the length
exemptions for no longer than five years
from their dates of inception, instead of Issued on: April 27, 2016. of necessary attachments to the
the previous two years. This statutory Larry W. Minor, comments. If comments are submitted
provision will be codified in 49 CFR Associate Administrator for Policy. in hard copy form, please ensure that
part 381 in a forthcoming rulemaking. [FR Doc. 2016–10415 Filed 5–3–16; 8:45 am]
two copies are provided. If you wish to
receive confirmation that your
III. Request for Exemption BILLING CODE 4910–EX–P
comments were received, please enclose
On behalf of Sebastian Boehm, a stamped, self-addressed postcard with
Daimler has applied for a 5-year DEPARTMENT OF TRANSPORTATION the comments. Note that all comments
exemption from 49 CFR 383.23, which received will be posted without change
prescribes licensing requirements for National Highway Traffic Safety to http://www.regulations.gov, including
drivers operating CMVs in interstate or Administration any personal information provided.
intrastate commerce. Mr. Boehm is Please see the Privacy Act heading
[Docket No. NHTSA–2014–0058; Notice 1] below.
unable to obtain a CDL in any of the
States due to his lack of residency in the Privacy Act: Anyone is able to search
Notice of Receipt of Petition for
United States. A copy of the application the electronic form of all comments
Decision That Nonconforming Model
is in Docket No. FMCSA–2012–0032. received into any of our dockets by the
Year 2008 Aston Martin Vantage V8
The exemption would allow Mr. name of the individual submitting the
Passenger Cars Are Eligible for
Boehm to operate CMVs in interstate or comment (or signing the comment, if
Importation
intrastate commerce to support Daimler submitted on behalf of an association,
field tests designed to meet future AGENCY: National Highway Traffic business, labor union, etc.). You may
vehicle safety and environmental Safety Administration, DOT. review DOT’s complete Privacy Act
requirements and to promote ACTION: Receipt of petition. Statement in the Federal Register
technological advancements in vehicle published on April 11, 2000 (65 FR
safety systems and emissions SUMMARY: This document announces 19477–78).
reductions. Mr. Boehm needs to drive receipt by the National Highway Traffic How to Read Comments submitted to
Daimler vehicles on public roads to Safety Administration (NHTSA) of a the Docket: You may read the comments
better understand ‘‘real world’’ petition for a decision that model year received by Docket Management at the
environments in the U.S. market. (MY) 2008 Aston Martin Vantage V8 address and times given above. You may
According to Daimler, Mr. Boehm will passenger cars (PC) that were not also view the documents from the
typically drive for no more than 6 hours originally manufactured to comply with Internet at http://www.regulations.gov.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
per day, and that 10 percent of the test all applicable Federal motor vehicle Follow the online instructions for
driving will be on two-lane state safety standards (FMVSS), are eligible accessing the dockets. The docket ID
highways, while 90 percent will be on for importation into the United States number and title of this notice are
interstate highways. The driving will because they are substantially similar to shown at the heading of this document
consist of no more than 200 miles per vehicles that were originally notice. Please note that even after the
day, for one to two weeks on a quarterly manufactured for sale in the United comment closing date, we will continue
basis. He will in all cases be States and that were certified by their to file relevant information in the
accompanied by a holder of a U.S. CDL manufacturer as complying with the Docket as it becomes available. Further,
VerDate Sep<11>2014 18:44 May 03, 2016 Jkt 238001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1](https://thefederalregister.org/doc/81_FR_26952/page/2.svg)
Document Created: 2016-05-04 01:23:50
Document Modified: 2016-05-04 01:23:50
| 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 June 3, 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 26866 |
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