82 FR 14791 - Commercial Driver's License Standards: Application for Exemption Renewal; Daimler Trucks North America (Daimler)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 54 (March 22, 2017)

Page Range		14791-14792
FR Document		2017-05652

FMCSA announces that Daimler Trucks North America (Daimler) has requested an exemption renewal for one commercial motor vehicle (CMV) driver, Martin Zeilinger, from the Federal requirement to hold a commercial driver's license (CDL) issued by one of the States. This project engineer holds a valid German commercial license and wants to test-drive Daimler vehicles on U.S. roads to better understand product requirements for these systems in ``real world'' environments, and verify results. Daimler believes the requirements for a German commercial license ensure that holders of the license will likely achieve a level of safety equal to or greater than that of drivers who hold a U.S. State-issued CDL.

Federal Register, Volume 82 Issue 54 (Wednesday, March 22, 2017)

[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14791-14792]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05652]



[[Page 14791]]

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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 
Renewal; Daimler Trucks North America (Daimler)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption renewal; request for 
comments.

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

SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) 
has requested an exemption renewal for one commercial motor vehicle 
(CMV) driver, Martin Zeilinger, from the Federal requirement to hold a 
commercial driver's license (CDL) issued by one of the States. This 
project engineer holds a valid German commercial license and wants to 
test-drive Daimler vehicles on U.S. roads to better understand product 
requirements for these systems in ``real world'' environments, and 
verify results. Daimler believes the requirements for a German 
commercial license ensure that holders of the license will likely 
achieve a level of safety equal to or greater than that of drivers who 
hold a U.S. State-issued CDL.

DATES: Comments must be received on or before April 21, 2017.

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: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 614-942-6477. 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)).

III. Request for Exemption

    Daimler has applied for an exemption renewal for one of its 
engineers from 49 CFR 383.23, which prescribes licensing requirements 
for drivers operating CMVs in interstate or intrastate commerce. This 
driver, Martin Zeilinger, holds a valid German commercial license but 
is unable to obtain a CDL in any of the U.S. States due to residency 
requirements. A copy of the application is in Docket No. FMCSA-2012-
0032.
    FMCSA initially granted an exemption to Mr. Zeilinger on March 27, 
2015 (80 FR 16511). This exemption was effective March 27, 2015, and 
expires March 27, 2017. Detailed information about the qualifications 
and experience of Mr. Zeilinger was provided by Daimler in its original 
application, a copy of which is in the docket.
    The exemption renewal would allow Mr. Zeilinger to operate CMVs in 
interstate or intrastate commerce to

[[Page 14792]]

support Daimler field tests designed to meet future vehicle safety and 
environmental requirements and to develop improved safety and emission 
technologies. According to Daimler, Mr. Zeilinger will typically drive 
for no more than 6 hours per day for 2 consecutive days, 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, for a total of 400 miles during a two-day 
period on a quarterly basis. He will in all cases be accompanied by a 
holder of a U.S. CDL who is familiar with the routes to be traveled. 
Daimler requests that the exemption cover the maximum allowable 
duration of 5 years.
    Daimler has explained in prior exemption requests that the German 
knowledge and skills tests and training program ensure that Daimler's 
drivers operating under the exemption will achieve a level of safety 
that is equivalent to, or greater than, the level of safety obtained by 
complying with the U.S. requirement for a CDL.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    FMCSA has previously determined that the process for obtaining a 
German commercial license is comparable to, or as effective as, the 
requirements of part 383, and adequately assesses the driver's ability 
to operate CMVs in the U.S. Since 2012, FMCSA has granted Daimler 
drivers similar exemptions [May 25, 2012 (77 FR 31422); July 22, 2014 
(79 FR 42626); March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR 
60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR 
79410)].

    Issued on: March 16, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-05652 Filed 3-21-17; 8:45 am]
BILLING CODE 4910-EX-P

14792 Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices

support Daimler field tests designed to FMCSA announces its plan to submit your comments, please include a self-
meet future vehicle safety and the Information Collection Request (ICR) addressed, stamped envelope or
environmental requirements and to described below to the Office of postcard, or print the acknowledgement
develop improved safety and emission Management and Budget (OMB) for its page that appears after submitting
technologies. According to Daimler, Mr. review and approval and invites public comments online. Comments received
Zeilinger will typically drive for no comment. The FMCSA requests after the comment closing date will be
more than 6 hours per day for 2 approval to renew an ICR titled, included in the docket and will be
consecutive days, and 10 percent of the ‘‘Request for Revocation of Authority considered to the extent practicable.
test driving will be on two-lane State Granted.’’ FOR FURTHER INFORMATION CONTACT: Tura
highways, while 90 percent will be on DATES: We must receive your comments Gatling, Office of Registration
interstate highways. The driving will Information and Licensing, Department
on or before May 22, 2017.
consist of no more than 200 miles per of Transportation, OA, West Building
day, for a total of 400 miles during a ADDRESSES: You may submit comments
identified by Federal Docket 6th Floor, 1200 New Jersey Avenue SE.,
two-day period on a quarterly basis. He Washington, DC 20590. Telephone:
will in all cases be accompanied by a Management System (FDMS) Docket
Number FMCSA–2017–0045. Using any 202–385–2412; email tura.gatling@
holder of a U.S. CDL who is familiar dot.gov.
with the routes to be traveled. Daimler of the following methods:
requests that the exemption cover the • Federal eRulemaking Portal: http:// SUPPLEMENTARY INFORMATION:
maximum allowable duration of 5 years. www.regulations.gov. Follow the online Background: The Federal Motor
Daimler has explained in prior instructions for submitting comments. Carrier Safety Administration (FMCSA)
exemption requests that the German • Fax: 1–202–493–2251. registers for-hire motor carriers of
knowledge and skills tests and training • Mail: Docket Operations; U.S. regulated commodities under 49 U.S.C.
program ensure that Daimler’s drivers Department of Transportation, 1200 13902, surface freight forwarders under
operating under the exemption will New Jersey Avenue SE., West Building, 49 U.S.C. 13903, and property brokers
achieve a level of safety that is Ground Floor, Room W12–140, under 49 U.S.C. 13904. Each registration
equivalent to, or greater than, the level Washington, DC 20590–0001. is effective from the date specified
of safety obtained by complying with • Hand Delivery or Courier: U.S. under 49 U.S.C. 13905(c).
the U.S. requirement for a CDL. Department of Transportation, 1200 Subsection (d) of 49 U.S.C. 13905 also
New Jersey Avenue SE., West Building, provides that on application of the
IV. Method To Ensure an Equivalent or Ground Floor, Room W12–140, registrant, the Secretary may amend or
Greater Level of Safety Washington, DC 20590–0001 between 9 revoke a registration. Form OCE–46
FMCSA has previously determined a.m. and 5 p.m. e.t., Monday through allows these transportation entities to
that the process for obtaining a German Friday, except Federal holidays. apply voluntarily for revocation of their
commercial license is comparable to, or Instructions: All submissions must registration (operating rights) or parts
as effective as, the requirements of part include the Agency name and docket thereof. If the transportation entity fails
383, and adequately assesses the number. For detailed instructions on to maintain evidence of the required
driver’s ability to operate CMVs in the submitting comments and additional level of insurance coverage on file with
U.S. Since 2012, FMCSA has granted information on the exemption process, FMCSA, its registration (operating
Daimler drivers similar exemptions see the Public Participation heading authority) will be revoked involuntarily.
[May 25, 2012 (77 FR 31422); July 22, below. Note that all comments received Although the effect of both types of
2014 (79 FR 42626); March 27, 2015 (80 will be posted without change to http:// revocation is the same, some carriers
FR 16511); October 5, 2015 (80 FR www.regulations.gov, including any prefer to request voluntary revocation.
60220); December 7, 2015 (80 FR personal information provided. Please For various business reasons, a carrier
76059); December 21, 2015 (80 FR see the Privacy Act heading below. may request revocation of some part, but
79410)]. Docket: For access to the docket to not all, of its operating authority.
read background documents or This information collection supports
Issued on: March 16, 2017.
comments received, go to http:// the DOT Strategic Goal of Safety by
Larry W. Minor,
www.regulations.gov, and follow the enabling motor carriers to voluntarily
Associate Administrator for Policy. online instructions for accessing the request revocation of operating
[FR Doc. 2017–05652 Filed 3–21–17; 8:45 am] dockets, or go to the street address listed authority, or some part of that authority,
BILLING CODE 4910–EX–P above. by identifying themselves to the
Privacy Act: In accordance with 5 FMCSA.
U.S.C. 553(c), DOT solicits comments A completed Form OCE–46 is filed
DEPARTMENT OF TRANSPORTATION from the public to better inform its with FMCSA by the registrant for the
rulemaking process. DOT posts these purpose of requesting that all, or a part,
Federal Motor Carrier Safety
comments, without edit, including any of its registration be revoked. The
Administration
personal information the commenter information contained on the form is
[Docket No. FMCSA–2017–0045] provides, to www.regulations.gov, as used by the FMCSA in making a
described in the system of records determination on the revocation request.
Agency Information Collection notice (DOT/ALL–14 FDMS), which can The use of Form OCE–46 has proven to
Activities; Revision of an Approved be reviewed at www.dot.gov/privacy. be an easy and effective means by which
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Information Collection: Request for Public Participation: The Federal a registrant can request revocation of its
Revocation of Authority Granted eRulemaking Portal is available 24 registration.
AGENCY: Federal Motor Carrier Safety hours each day, 365 days each year. You Form OCE–46 is filed by registrants
Administration (FMCSA), DOT. can obtain electronic submission and on a voluntary, and for the most part,
ACTION: Notice; request for comments. retrieval help and guidelines under the one-time basis. It calls for a very limited
‘‘help’’ section of the Federal amount of information to identify the
SUMMARY: In accordance with the eRulemaking Portal Web site. If you registrant and the scope of its request.
Paperwork Reduction Act of 1995, want us to notify you that we received Thus, the information collection itself

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Document Created: 2017-03-22 03:58:51
Document Modified: 2017-03-22 03:58:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of application for exemption renewal; request for comments.
Dates		Comments must be received on or before April 21, 2017.
Contact		Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		82 FR 14791

82 FR 14791 - Commercial Driver's License Standards: Application for Exemption Renewal; Daimler Trucks North America (Daimler)

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 54 (March 22, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration