81_FR_48638 81 FR 48496 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

81 FR 48496 - 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 142 (July 25, 2016)

Page Range48496-48498
FR Document2016-17463

FMCSA announces its decision to grant an exemption to Daimler Trucks North America (Daimler) for one of its commercial motor vehicle (CMV) drivers. Daimler requested a 5-year exemption from the Federal requirement to hold a U.S. commercial driver's license (CDL) for Mr. Sebastian Boehm, a project engineer for the Daimler Trucks and Bus Division. Mr. Boehm 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 142 (Monday, July 25, 2016)
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48496-48498]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17463]


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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 final disposition; grant of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant an exemption to Daimler 
Trucks North America (Daimler) for one of its commercial motor vehicle 
(CMV) drivers. Daimler requested a 5-year exemption from the Federal 
requirement to hold a U.S. commercial driver's license (CDL) for Mr. 
Sebastian Boehm, a project engineer for the Daimler Trucks and Bus 
Division. Mr. Boehm 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: This exemption is effective July 25, 2016 and expires July 25, 
2021.

ADDRESSES:
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter

[[Page 48497]]

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

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2012-0032 in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the Internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal holidays.

II. 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, and 
explain its terms and conditions. The exemption may be renewed (49 CFR 
381.300(b)).
    Section 5206(a)(3) of the ``Fixing America's Surface Transportation 
Act,'' (FAST Act) [Pub. L. 114-94, 129 Stat. 1312, 1537, Dec. 4, 2015], 
amended 49 U.S.C. 31315(b) by adding a new paragraph (2) which permits 
exemptions for no longer than 5 years from their dates of inception, 
instead of the previous 2 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 (FMCSRs) (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)].

Public Comments

    On May 4, 2016, FMCSA published notice of this application and 
requested public comments (81 FR 26866). No comments were submitted.

FMCSA Decision

    Based upon the merits of this application, including Mr. Boehm's 
extensive driving experience and safety record, FMCSA has concluded 
that the exemption would likely achieve a level of safety that is 
equivalent to or greater than the level that would be achieved absent 
such exemption, in accordance with Sec.  381.305(a).

Terms and Conditions for the Exemption

    FMCSA grants Daimler and Sebastian Boehm an exemption from the CDL 
requirement in 49 CFR 383.23 to allow Mr. Boehm to drive CMVs in this 
country without a U.S. State-issued CDL, subject to the following terms 
and conditions: (1) The driver and carrier must comply with all other 
applicable provisions of the FMCSRs (49 CFR parts 350-399); (2) the 
driver must be in possession of the exemption document and a valid 
German commercial license; (3) the driver must be employed by and 
operate the CMV within the scope of his duties for Daimler; (4) at all 
times while operating a CMV under this exemption, the driver must be 
accompanied by a holder of a U.S. CDL who is familiar with the routes 
traveled; (5) Daimler must notify FMCSA in writing within 5 business 
days of any accident, as defined in 49 CFR 390.5, involving this 
driver; and (6) Daimler must notify FMCSA in writing if this driver is 
convicted of a disqualifying offense under Sec.  383.51 or Sec.  391.15 
of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will 
be valid for 5 years unless revoked earlier by the FMCSA. The exemption 
will be revoked if: (1) Mr. Boehm fails to comply with the terms and 
conditions of the exemption; (2) the exemption results in a lower level 
of safety than was maintained before it was granted; or (3) 
continuation of the exemption would be inconsistent with the goals and 
objectives of 49 U.S.C. 31315 and 31136.

[[Page 48498]]

 VIII. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate or intrastate 
commerce that conflicts with or is inconsistent with this exemption 
with respect to a firm or person operating under the exemption.

    Issued on: July 14, 2016.
 T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17463 Filed 7-22-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  48496                           Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices

                                                  conclude that safety is being                            that was in effect on the date of                     Agency has the data/information to
                                                  compromised.                                             enactment of the Act to a period of 5                 conclude that safety is being
                                                    Issued on: July 14, 2016.                              years from the date the exemption was                 compromised.
                                                  T.F. Scott Darling, III,
                                                                                                           granted. The exemption may be                           Issued on: July 14, 2016.
                                                                                                           renewed. Because this action merely                   T.F. Scott Darling, III,
                                                  Acting Administrator.
                                                                                                           implements a statutory mandate that
                                                  [FR Doc. 2016–17459 Filed 7–22–16; 8:45 am]                                                                    Acting Administrator.
                                                                                                           took effect on the date of enactment of
                                                  BILLING CODE 4910–EX–P                                   the FAST Act, notice and comment are                  [FR Doc. 2016–17462 Filed 7–22–16; 8:45 am]
                                                                                                           not required.                                         BILLING CODE 4910–EX–P


                                                  DEPARTMENT OF TRANSPORTATION                             WestRock Exemption
                                                                                                              WestRock, a motor carrier formerly                 DEPARTMENT OF TRANSPORTATION
                                                  Federal Motor Carrier Safety                             known as RockTenn, applied for a
                                                  Administration                                           limited exemption from the prohibition                Federal Motor Carrier Safety
                                                  [Docket No. FMCSA–2010–0027]                             from operating a CMV on a public road                 Administration
                                                                                                           after the end of the 14th hour after                  [Docket No. FMCSA–2012–0032]
                                                  Hours of Service of Drivers: WestRock                    coming on duty following 10 or more
                                                  Exemption; FAST Act Extension of                         consecutive hours off duty [49 CFR                    Commercial Driver’s License
                                                  Compliance Date                                          395.3(a)(2)] on behalf of their shipping              Standards: Application for Exemption;
                                                                                                           department employees operating CMVs.                  Daimler Trucks North America
                                                  AGENCY: Federal Motor Carrier Safety                        FMCSA reviewed WestRock’s                          (Daimler)
                                                  Administration (FMCSA), DOT.                             application and the public comments
                                                  ACTION: Notice; extension of exemption.                  and concluded that limiting the                       AGENCY:  Federal Motor Carrier Safety
                                                                                                           exemption to CDL holders employed by                  Administration (FMCSA), DOT.
                                                  SUMMARY:    FMCSA announces the                                                                                ACTION: Notice of final disposition; grant
                                                  extension of the exemption granted to                    WestRock who are exclusively assigned
                                                                                                           to a specific route, and may operate a                of application for exemption.
                                                  WestRock, formerly known as
                                                  RockTenn, on April 17, 2014, for short                   CMV on a public road past the 14-hour
                                                                                                                                                                 SUMMARY:    FMCSA announces its
                                                  trips to their loading docks. The Agency                 limit, will promote safety at least as
                                                                                                                                                                 decision to grant an exemption to
                                                  extends the expiration date from April                   effectively as the ‘‘14-hour rule.’’ These
                                                                                                                                                                 Daimler Trucks North America
                                                                                                           drivers operate like certain short-haul
                                                  17, 2014 to April 16, 2019, in response                                                                        (Daimler) for one of its commercial
                                                                                                           drivers, who are already permitted a 16-
                                                  to the ‘‘Fixing America’s Surface                                                                              motor vehicle (CMV) drivers. Daimler
                                                                                                           hour driving ‘‘window’’ once a week
                                                  Transportation Act’’ (FAST Act). That                                                                          requested a 5-year exemption from the
                                                                                                           and other non-CDL short-haul drivers
                                                  Act extends the expiration date of                                                                             Federal requirement to hold a U.S.
                                                                                                           who are allowed two 16-hour duty
                                                  hours-of-service (HOS) exemptions in                                                                           commercial driver’s license (CDL) for
                                                                                                           periods per week. WestRock held a
                                                  effect on the date of enactment of the                                                                         Mr. Sebastian Boehm, a project engineer
                                                                                                           similar 2-year exemption from 2012–
                                                  FAST Act to 5 years from the date of                                                                           for the Daimler Trucks and Bus
                                                                                                           2014. A Notice of Final Determination
                                                  issuance of the exemptions. The                                                                                Division. Mr. Boehm holds a valid
                                                                                                           granting the WestRock exemption was
                                                  WestRock exemption from the Agency’s                                                                           German commercial license and wants
                                                                                                           published on April 22, 2014 [79 FR
                                                  14 hour rule is limited to WestRock                                                                            to test drive Daimler vehicles on U.S.
                                                                                                           22571].
                                                  drivers operating commercial motor                          The substance of the exemption is not              roads to better understand product
                                                  vehicles (CMVs) between WestRock                         affected by this extension. The                       requirements in ‘‘real world’’
                                                  shipping and receiving departments                       exemption covers only the ‘‘14 hour                   environments, and verify results.
                                                  only, on the public road (Compress                       rule’’ [49 CFR 395.3(a)(3)(ii)]. The                  Daimler believes the requirements for a
                                                  Street). The Agency previously                           exemption is restricted to drivers                    German commercial license ensure that
                                                  determined that the CMV operations of                    employed by WestRock operating CMVs                   operation under the exemption will
                                                  WestRock’s drivers under this                            on a specified route. On each trip, the               likely achieve a level of safety
                                                  exemption would likely achieve a level                   CMV must only travel on the public                    equivalent to or greater than the level
                                                  of safety equivalent to or greater than                  road (Compress Street)—approximately                  that would be obtained in the absence
                                                  the level of safety that would be                        275 feet in one direction—between                     of the exemption.
                                                  obtained in the absence of the                           WestRock’s shipping and receiving                     DATES: This exemption is effective July
                                                  exemption.                                               departments. The exemption enables                    25, 2016 and expires July 25, 2021.
                                                  DATES: This limited exemption is                         WestRock’s shipping department drivers                ADDRESSES:
                                                  effective from April 17, 2014 through                    and occasional substitute CDL holders                    Docket: For access to the docket to
                                                  April 16, 2019.                                          who transport paper mill products                     read background documents or
                                                  SUPPLEMENTARY INFORMATION:                               between WestRock’s shipping and                       comments, go to www.regulations.gov at
                                                                                                           receiving locations on Compress Street                any time or visit Room W12–140 on the
                                                  Legal Basis                                              to work up to 16 hours in a day and                   ground level of the West Building, 1200
                                                     FMCSA has authority under 49 U.S.C.                   return to work with a minimum of at                   New Jersey Avenue SE., Washington,
                                                  31136(e) and 31315 to grant exemptions                   least 8 hours off duty.                               DC, between 9 a.m. and 5 p.m., ET,
                                                  from certain parts of the Federal Motor                     The FMCSA does not believe the                     Monday through Friday, except Federal
                                                  Carrier Safety Regulations. FMCSA must                   safety record of any driver operating                 holidays. The on-line FDMS is available
mstockstill on DSK3G9T082PROD with NOTICES




                                                  publish a notice of each exemption                       under this exemption will deteriorate.                24 hours each day, 365 days each year.
                                                  request in the Federal Register [49 CFR                  However, should deterioration in safety                  Privacy Act: In accordance with 5
                                                  381.315(a)].                                             occur, FMCSA will take all steps                      U.S.C. 553(c), DOT solicits comments
                                                     Section 5206(b)(2)(A) of the FAST Act                 necessary to protect the public interest,             from the public to better inform its
                                                  requires FMCSA to extend any                             including revocation of the exemption.                rulemaking process. DOT posts these
                                                  exemption from any provision of the                      The FMCSA has the authority to                        comments, without edit, including any
                                                  HOS regulations under 49 CFR part 395                    terminate the exemption at any time the               personal information the commenter


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                                                                                  Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices                                             48497

                                                  provides, to www.regulations.gov, as                     and conditions. The exemption may be                  driver’s ability to operate CMVs in the
                                                  described in the system of records                       renewed (49 CFR 381.300(b)).                          U.S. Since 2012, FMCSA has granted
                                                  notice (DOT/ALL–14 FDMS), which can                        Section 5206(a)(3) of the ‘‘Fixing                  Daimler drivers similar exemptions
                                                  be reviewed at www.dot.gov/privacy.                      America’s Surface Transportation Act,’’               [May 25, 2012 (77 FR 31422); July 22,
                                                  FOR FURTHER INFORMATION CONTACT: For
                                                                                                           (FAST Act) [Pub. L. 114–94, 129 Stat.                 2014 (79 FR 42626); March 27, 2015 (80
                                                  information concerning this notice,                      1312, 1537, Dec. 4, 2015], amended 49                 FR 16511); October 5, 2015 (80 FR
                                                  contact Ms. Pearlie Robinson, FMCSA                      U.S.C. 31315(b) by adding a new                       60220); December 7, 2015 (80 FR
                                                  Driver and Carrier Operations Division;                  paragraph (2) which permits exemptions                76059); December 21, 2015 (80 FR
                                                                                                           for no longer than 5 years from their                 79410)].
                                                  Office of Carrier, Driver and Vehicle
                                                                                                           dates of inception, instead of the
                                                  Safety Standards; Telephone: 202–366–                                                                          Public Comments
                                                                                                           previous 2 years. This statutory
                                                  4325. Email: MCPSD@dot.gov. If you
                                                                                                           provision will be codified in 49 CFR                    On May 4, 2016, FMCSA published
                                                  have questions on viewing or submitting
                                                                                                           part 381 in a forthcoming rulemaking.                 notice of this application and requested
                                                  material to the docket, contact Docket
                                                  Services, telephone (202) 366–9826.                      III. Request for Exemption                            public comments (81 FR 26866). No
                                                                                                                                                                 comments were submitted.
                                                  SUPPLEMENTARY INFORMATION:                                  On behalf of Sebastian Boehm,
                                                                                                           Daimler has applied for a 5-year                      FMCSA Decision
                                                  I. Public Participation
                                                                                                           exemption from 49 CFR 383.23, which
                                                                                                                                                                   Based upon the merits of this
                                                  Viewing Comments and Documents                           prescribes licensing requirements for
                                                                                                                                                                 application, including Mr. Boehm’s
                                                                                                           drivers operating CMVs in interstate or
                                                    To view comments, as well as                                                                                 extensive driving experience and safety
                                                                                                           intrastate commerce. Mr. Boehm is
                                                  documents mentioned in this preamble                                                                           record, FMCSA has concluded that the
                                                                                                           unable to obtain a CDL in any of the
                                                  as being available in the docket, go to                                                                        exemption would likely achieve a level
                                                                                                           States due to his lack of residency in the
                                                  www.regulations.gov and insert the                                                                             of safety that is equivalent to or greater
                                                                                                           United States. A copy of the application
                                                  docket number, ‘‘FMCSA–2012–0032 in                                                                            than the level that would be achieved
                                                                                                           is in Docket No. FMCSA–2012–0032.
                                                  the ‘‘Keyword’’ box and click ‘‘Search.’’                   The exemption would allow Mr.                      absent such exemption, in accordance
                                                  Next, click the ‘‘Open Docket Folder’’                   Boehm to operate CMVs in interstate or                with § 381.305(a).
                                                  button and choose the document to                        intrastate commerce to support Daimler                Terms and Conditions for the
                                                  review. If you do not have access to the                 field tests designed to meet future                   Exemption
                                                  Internet, you may view the docket                        vehicle safety and environmental
                                                  online by visiting the Docket                            requirements and to promote                             FMCSA grants Daimler and Sebastian
                                                  Management Facility in Room W12–140                      technological advancements in vehicle                 Boehm an exemption from the CDL
                                                  on the ground floor of the DOT West                      safety systems and emissions                          requirement in 49 CFR 383.23 to allow
                                                  Building, 1200 New Jersey Avenue SE.,                    reductions. Mr. Boehm needs to drive                  Mr. Boehm to drive CMVs in this
                                                  Washington, DC 20590, between 9 a.m.                     Daimler vehicles on public roads to                   country without a U.S. State-issued
                                                  and 5 p.m., e.t., Monday through Friday,                 better understand ‘‘real world’’                      CDL, subject to the following terms and
                                                  except Federal holidays.                                 environments in the U.S. market.                      conditions: (1) The driver and carrier
                                                                                                           According to Daimler, Mr. Boehm will                  must comply with all other applicable
                                                  II. Legal Basis
                                                                                                           typically drive for no more than 6 hours              provisions of the FMCSRs (49 CFR parts
                                                     FMCSA has authority under 49 U.S.C.                   per day, and that 10 percent of the test              350–399); (2) the driver must be in
                                                  31136(e) and 31315 to grant exemptions                   driving will be on two-lane state                     possession of the exemption document
                                                  from the Federal Motor Carrier Safety                    highways, while 90 percent will be on                 and a valid German commercial license;
                                                  Regulations. FMCSA must publish a                        interstate highways. The driving will                 (3) the driver must be employed by and
                                                  notice of each exemption request in the                  consist of no more than 200 miles per                 operate the CMV within the scope of his
                                                  Federal Register (49 CFR 381.315(a)).                    day, for one to two weeks on a quarterly              duties for Daimler; (4) at all times while
                                                  The Agency must provide the public an                    basis. He will in all cases be                        operating a CMV under this exemption,
                                                  opportunity to inspect the information                   accompanied by a holder of a U.S. CDL                 the driver must be accompanied by a
                                                  relevant to the application, including                   who is familiar with the routes to be                 holder of a U.S. CDL who is familiar
                                                  any safety analyses that have been                       traveled.                                             with the routes traveled; (5) Daimler
                                                  conducted. The Agency must also                             Mr. Boehm would be required to                     must notify FMCSA in writing within 5
                                                  provide an opportunity for public                        comply with all applicable Federal                    business days of any accident, as
                                                  comment on the request.                                  Motor Carrier Safety Regulations                      defined in 49 CFR 390.5, involving this
                                                     The Agency reviews the safety                         (FMCSRs) (49 CFR parts 350–399)                       driver; and (6) Daimler must notify
                                                  analyses and the public comments, and                    except the CDL provisions described in                FMCSA in writing if this driver is
                                                  determines whether granting the                          this notice.                                          convicted of a disqualifying offense
                                                  exemption would likely achieve a level                      Mr. Boehm holds a valid German                     under § 383.51 or § 391.15 of the
                                                  of safety equivalent to, or greater than,                commercial license, and as explained by               FMCSRs.
                                                  the level that would be achieved by the                  Daimler in its exemption request, the                   In accordance with 49 U.S.C. 31315
                                                  current regulation (49 CFR 381.305).                     requirements for that license ensure that             and 31136(e), the exemption will be
                                                  The decision of the Agency must be                       the same level of safety is met or                    valid for 5 years unless revoked earlier
                                                  published in the Federal Register (49                    exceeded as if this driver had a U.S.                 by the FMCSA. The exemption will be
                                                  CFR 381.315(b)) with the reason for the                  CDL. Furthermore, according to                        revoked if: (1) Mr. Boehm fails to
mstockstill on DSK3G9T082PROD with NOTICES




                                                  grant or denial, and, if granted, the                    Daimler, Mr. Boehm is familiar with the               comply with the terms and conditions
                                                  specific person or class of persons                      operation of CMVs worldwide.                          of the exemption; (2) the exemption
                                                  receiving the exemption, and the                            FMCSA has previously determined                    results in a lower level of safety than
                                                  regulatory provision or provisions from                  that the process for obtaining a German               was maintained before it was granted; or
                                                  which exemption is granted. The notice                   commercial license is comparable to, or               (3) continuation of the exemption would
                                                  must also specify the effective period of                as effective as, the requirements of part             be inconsistent with the goals and
                                                  the exemption, and explain its terms                     383, and adequately assesses the                      objectives of 49 U.S.C. 31315 and 31136.


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                                                  48498                           Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices

                                                  VIII. Preemption                                         with the National Environmental Policy                DEPARTMENT OF THE TREASURY
                                                    In accordance with 49 U.S.C.                           Act (NEPA) and in other documents in
                                                  31315(d), as implemented by 49 CFR                       the FTA administrative record for the                 Office of the Comptroller of the
                                                  381.600, during the period this                          project. Interested parties may contact               Currency
                                                  exemption is in effect, no State shall                   either the project sponsor or the relevant
                                                                                                           FTA Regional Office for more                          Agency Information Collection
                                                  enforce any law or regulation applicable                                                                       Activities: Proposed Information
                                                  to interstate or intrastate commerce that                information. Contact information for
                                                                                                           FTA’s Regional Offices may be found at                Collection; Submission for OMB
                                                  conflicts with or is inconsistent with                                                                         Review; Reduction of Permanent
                                                  this exemption with respect to a firm or                 https://www.fta.dot.gov.
                                                                                                              This notice applies to all FTA                     Capital Notice
                                                  person operating under the exemption.
                                                                                                           decisions on the listed project as of the             AGENCY: Office of the Comptroller of the
                                                    Issued on: July 14, 2016.                              issuance date of this notice and all laws             Currency (OCC), Treasury.
                                                  T.F. Scott Darling, III,                                 under which such actions were taken,
                                                                                                                                                                 ACTION: Notice and request for comment.
                                                  Acting Administrator.                                    including, but not limited to, NEPA [42
                                                  [FR Doc. 2016–17463 Filed 7–22–16; 8:45 am]              U.S.C. 4321–4375], Section 4(f) of the                SUMMARY:    The OCC, as part of its
                                                  BILLING CODE 4910–EX–P                                   Department of Transportation Act of                   continuing effort to reduce paperwork
                                                                                                           1966 [49 U.S.C. 303], Section 106 of the              and respondent burden, invites the
                                                                                                           National Historic Preservation Act [16                general public and other Federal
                                                  DEPARTMENT OF TRANSPORTATION                             U.S.C. 470f], and the Clean Air Act [42               agencies to take this opportunity to
                                                                                                           U.S.C. 7401–7671q]. This notice does                  comment on a new information
                                                  Federal Transit Administration                           not, however, alter or extend the                     collection as required by the Paperwork
                                                                                                           limitation period for challenges of                   Reduction Act of 1995 (PRA).
                                                  Limitation on Claims Against a                           project decisions subject to previous                    An agency may not conduct or
                                                  Proposed Public Transportation                           notices published in the Federal                      sponsor, and a respondent is not
                                                  Project                                                  Register. The project and actions that                required to respond to, an information
                                                  AGENCY: Federal Transit Administration                   are the subject of this notice are:                   collection unless it displays a currently
                                                  (FTA), DOT.                                                 Project name and location: Southwest               valid Office of Management and Budget
                                                                                                           Light Rail Transit (LRT) Project,                     (OMB) control number.
                                                  ACTION: Notice.
                                                                                                           Hennepin County, MN. Project sponsor:                    The OCC is soliciting comment
                                                  SUMMARY:    This notice announces final                  Metropolitan Council. Project                         concerning a new information collection
                                                  environmental actions taken by the                       description: The proposed project is                  titled ‘‘Reduction of Permanent Capital
                                                  Federal Transit Administration (FTA)                     approximately 14.5 miles of new                       Notice.’’ The OCC also is giving notice
                                                  for a project in Hennepin County, MN.                    double-track proposed as an extension                 that it has sent the collection to OMB for
                                                  The purpose of this notice is to                         of the METRO Green Line (Central                      review.
                                                  announce publicly the environmental                      Corridor LRT), which will operate from
                                                                                                                                                                 DATES: Comments must be received by
                                                  decisions by FTA on the subject project                  downtown Minneapolis through the
                                                                                                                                                                 August 24, 2016.
                                                  and to activate the limitation on any                    communities of St. Louis Park, Hopkins,
                                                                                                           Minnetonka, and Eden Prairie, passing                 ADDRESSES: Because paper mail in the
                                                  claims that may challenge these final
                                                                                                           in close proximity to Edina. The project              Washington, DC area and at the OCC is
                                                  environmental actions.
                                                                                                           will operate primarily at-grade, with                 subject to delay, commenters are
                                                  DATES: By this notice, FTA is advising                                                                         encouraged to submit comments by
                                                  the public of final agency actions                       structures providing grade separation of
                                                                                                           LRT crossings, roadways, and water                    email, if possible. Comments may be
                                                  subject to Section 139(l) of Title 23,                                                                         sent to: Legislative and Regulatory
                                                  United States Code (U.S.C.). A claim                     bodies at specified locations. For just
                                                                                                           under one-half mile, the project will                 Activities Division, Office of the
                                                  seeking judicial review of FTA actions                                                                         Comptroller of the Currency, Attention:
                                                  announced herein for the listed public                   operate in a shallow light rail tunnel in
                                                                                                           the Kenilworth Corridor, between West                 1557–NEW, 400 7th Street SW., Suite
                                                  transportation project will be barred                                                                          3E–218, Mail Stop 9W–11, Washington,
                                                  unless the claim is filed on or before                   Lake Street and just south of the
                                                                                                           Kenilworth Lagoon. Proposed system                    DC 20219. In addition, comments may
                                                  December 22, 2016.                                                                                             be sent by fax to (571) 465–4326 or by
                                                                                                           elements include 16 new light rail
                                                  FOR FURTHER INFORMATION CONTACT: Jay                                                                           electronic mail to prainfo@occ.treas.gov.
                                                                                                           stations (including the Eden Prairie
                                                  M. Fox, Acting Assistant Chief Counsel,                                                                        You may inspect and photocopy
                                                                                                           Town Center Station that is deferred for
                                                  Office of Chief Counsel, (215) 656–7258                                                                        comments in person at the OCC, 400 7th
                                                                                                           construction at a later date), one
                                                  or Terence Plaskon, Environmental                                                                              Street SW., Washington, DC 20219. For
                                                                                                           operations and maintenance facility, 20
                                                  Protection Specialist, Office of                                                                               security reasons, the OCC requires that
                                                                                                           traction power substations, 25 signal
                                                  Environmental Programs, (202) 366–                                                                             visitors make an appointment to inspect
                                                                                                           bungalow sites, and other ancillary
                                                  0442. FTA is located at 1200 New Jersey                                                                        comments. You may do so by calling
                                                                                                           facilities. Final agency actions: Section
                                                  Avenue SE., Washington, DC 20590.                                                                              (202) 649–6700 or, for persons who are
                                                                                                           4(f) determination; a Section 106
                                                  Office hours are from 9:00 a.m. to 5:00                                                                        deaf or hard of hearing, TTY, (202) 649–
                                                                                                           Memorandum of Agreement, dated July
                                                  p.m., Monday through Friday, except                                                                            5597. Upon arrival, visitors will be
                                                                                                           13, 2016; project-level air quality
                                                  Federal holidays.                                                                                              required to present valid government-
                                                                                                           conformity; and a Record of Decision,
                                                  SUPPLEMENTARY INFORMATION: Notice is                     dated July 15, 2016. Supporting                       issued photo identification and submit
                                                  hereby given that FTA has taken final                                                                          to a security screening in order to
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                           documentation: Final Environmental
                                                  agency actions by issuing certain                        Impact Statement, dated May 13, 2016.                 inspect and photocopy comments.
                                                  approvals for the public transportation                                                                           All comments received, including
                                                  project listed below. The actions on the                 Lucy Garliauskas,                                     attachments and other supporting
                                                  project, as well as the laws under which                 Associate Administrator Planning and                  materials, are part of the public record
                                                  such actions were taken, are described                   Environment.                                          and subject to public disclosure. Do not
                                                  in the documentation issued in                           [FR Doc. 2016–17469 Filed 7–22–16; 8:45 am]           include any information in your
                                                  connection with the project to comply                    BILLING CODE P                                        comment or supporting materials that


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Document Created: 2016-07-23 02:00:47
Document Modified: 2016-07-23 02:00:47
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 final disposition; grant of application for exemption.
DatesThis exemption is effective July 25, 2016 and expires July 25, 2021.
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 48496 

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