82 FR 1782 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 4 (January 6, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 4 (January 6, 2017)
| Page Range | 1782-1783 | |
| FR Document | 2017-00010 |
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)] [Notices] [Pages 1782-1783] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00010] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2012-0032] Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler) AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) has requested an exemption for one commercial motor vehicle (CMV) driver, Kai Zeuner, 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 February 6, 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 [[Page 1783]] 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)). Request for Exemption Daimler has applied for an exemption 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, Kai Zeuner, 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. The exemption would allow Mr. Zeuner to operate CMVs in interstate or intrastate commerce to 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. Zeuner 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. 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: December 29, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-00010 Filed 1-5-17; 8:45 am] BILLING CODE 4910-EX-P
![1782 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices
current regulation (49 CFR 381.305). The exemption would be limited to DEPARTMENT OF TRANSPORTATION
The decision of the Agency must be drivers in team operations. The request
published in the Federal Register (49 by Dillon is for a 2-year exemption Federal Motor Carrier Safety
CFR 381.315(b)) with the reasons for period. Administration
denying or granting the application and,
Dillon states that it is common [Docket No. FMCSA–2012–0032]
if granted, the name of the person or
knowledge that sleeping in a moving
class of persons receiving the Commercial Driver’s License
exemption, and the regulatory provision vehicle is more difficult than for a single
driver who is able to stop the truck Standards: Application for Exemption;
from which the exemption is granted. Daimler Trucks North America
The notice must also specify the during their sleeper time. According to
Dillon, having the flexibility to switch (Daimler)
effective period and explain the terms
and conditions of the exemption. The with a partner allows each driver to take AGENCY: Federal Motor Carrier Safety
exemption may be renewed (49 CFR advantage of shorter driver periods Administration (FMCSA), DOT.
381.300(b)). when they feel fatigued even though ACTION: Notice of application for
they have available driving time. This exemption; request for comments.
III. Request for Exemption
will result in a more flexible work
Dillon states that it operates a fleet of pattern improving personal and SUMMARY: FMCSA announces that
103 vehicles with 50 team drivers. vehicular safety. The exemption request Daimler Trucks North America
Dillon is a privately-owned and would not apply to trips driven by a (Daimler) has requested an exemption
operated company that delivers single driver. for one commercial motor vehicle
products to 48 states from a diversified (CMV) driver, Kai Zeuner, from the
customer base, and is known for their Dillon identified some
Federal requirement to hold a
high level of service as an on-time countermeasures it would take to commercial driver’s license (CDL)
carrier. They recruit only experienced, maintain safe operations if the issued by one of the States. This project
professional drivers. Dillon operates on exemption is granted. The safeguards engineer holds a valid German
a routine weekly cycle; each workweek would include, but not be limited to: commercial license and wants to test-
contains a regular subset of daily cycles • Drive time would be reduced from drive Daimler vehicles on U.S. roads to
dispatching and returning long, medium 11 hours to 10 hours. Team drivers better understand product requirements
and short range trips. According to would be limited to 10 hours of driving for these systems in ‘‘real world’’
Dillon, the majority of the fleet drivers prior to completing their required 10 environments, and verify results.
are home weekly with 34–48 hours off. hours total SB. Solo drivers will Daimler believes the requirements for a
The fact that some divers stay out longer German commercial license ensure that
continue to operate under current HOS
is their choice to do so; Dillon does not holders of the license will likely achieve
regulations.
require their drivers to stay on the road a level of safety equal to or greater than
for more than 5 days. • Dillon trucks are equipped with that of drivers who hold a U.S. State-
Dillon’s tractors are equipped with Qualcomm communications and issued CDL.
double-bunk sleepers in the event both electronic logging. Their drivers will
DATES: Comments must be received on
drivers need or want to rest at the same continue to utilize Qualcomm electronic
time. Drivers are allowed to make their or before February 6, 2017.
communications and tracking to
own decisions about when and where to maintain HOS compliance. ADDRESSES: You may submit comments
take short rest breaks based on their bearing the Federal Docket Management
• All of Dillon’s tractors are equipped System (FDMS) Docket ID FMCSA–
personal needs and preferences in
conformance with regulatory with speed limiters. 2012–0032 using any of the following
requirements. Dillon asserts that it takes Dillon believes that by allowing its methods:
safety, health and wellness seriously, team drivers to exercise flexibility in • Federal eRulemaking Portal:
and only hires well-qualified drivers their SB requirements, they will www.regulations.gov. Follow the online
who go through a comprehensive experience better quality rest as a result instructions for submitting comments.
orientation/new-hire training program. of this exemption. To support its request • Mail: Docket Management Facility,
Dillon’s trucks are all equipped with for the exemption, Dillon cited the U.S. Department of Transportation, 1200
electronic logging devices for results of a recent study conducted by New Jersey Avenue SE., West Building,
monitoring hours-of-service (HOS) Gregory Belenky, MD at the Sleep and Ground Floor, Room W12–140,
compliance. Performance Research Center, which Washington, DC 20590–0001.
Dillon requests an exemption from the concluded that when consolidated • Hand Delivery or Courier: West
current regulations for its operations to nighttime sleep is not possible, split Building, Ground Floor, Room W12–
eliminate the requirement that SB time 140, 1200 New Jersey Avenue SE.,
sleeper berth time is preferable to
include a period of at least 8 but less between 9 a.m. and 5 p.m., Monday
consolidated daytime sleep
than 10 consecutive hours in the SB and through Friday, except Federal holidays.
a separate period of at least 2 but less (www.fmcsa.dot.gov/facts-research/ • Fax: 1–202–493–2251.
than 10 consecutive hours either in the briefs/12-003-Split-Sleep). Each submission must include the
SB or off duty, or any combination A copy of Dillon’s application for Agency name and the docket number for
thereof (49 CFR 395.1(g)(1)(ii)(A)(1) and exemption is available for review in the this notice. Note that DOT posts all
(2)). Dillon proposes that its team docket for this notice. comments received without change to
sradovich on DSK3GMQ082PROD with NOTICES
drivers be allowed to split SB time into Issued on: December 29, 2016. www.regulations.gov, including any
two periods totaling at least 10 hours, personal information included in a
Larry W. Minor,
provided neither of the two periods is comment. Please see the Privacy Act
less than 3 hours in length. The drivers Associate Administrator for Policy. heading below.
would be able to choose between either [FR Doc. 2017–00011 Filed 1–5–17; 8:45 am] Docket: For access to the docket to
a 3/7, 4/6, or 5/5 ‘‘split’’ hour break to BILLING CODE 4910–EX–P read background documents or
complete the required 10 hour break. comments, go to www.regulations.gov at
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![Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices 1783
any time or visit Room W12–140 on the facility, please enclose a stamped, self- miles during a two-day period on a
ground level of the West Building, 1200 addressed postcard or envelope. FMCSA quarterly basis. He will in all cases be
New Jersey Avenue SE., Washington, will consider all comments and material accompanied by a holder of a U.S. CDL
DC, between 9 a.m. and 5 p.m., ET, received during the comment period who is familiar with the routes to be
Monday through Friday, except Federal and may grant or not grant this traveled. Daimler requests that the
holidays. The on-line FDMS is available application based on your comments. exemption cover the maximum
24 hours each day, 365 days each year. allowable duration.
II. Legal Basis Daimler has explained in prior
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments FMCSA has authority under 49 U.S.C. exemption requests that the German
from the public to better inform its 31136(e) and 31315 to grant exemptions knowledge and skills tests and training
rulemaking process. DOT posts these from the Federal Motor Carrier Safety program ensure that Daimler’s drivers
comments, without edit, including any Regulations. FMCSA must publish a operating under the exemption will
personal information the commenter notice of each exemption request in the achieve a level of safety that is
provides, to www.regulations.gov, as Federal Register (49 CFR 381.315(a)). equivalent to, or greater than, the level
described in the system of records The Agency must provide the public an of safety obtained by complying with
notice (DOT/ALL–14 FDMS), which can opportunity to inspect the information the U.S. requirement for a CDL.
be reviewed at www.dot.gov/privacy. relevant to the application, including
any safety analyses that have been IV. Method To Ensure an Equivalent or
FOR FURTHER INFORMATION CONTACT: Mr. Greater Level of Safety
conducted. The Agency must also
Thomas Yager, Chief, FMCSA Driver provide an opportunity for public FMCSA has previously determined
and Carrier Operations Division; Office comment on the request. that the process for obtaining a German
of Carrier, Driver and Vehicle Safety The Agency reviews the safety commercial license is comparable to, or
Standards; Telephone: 614–942–6477. analyses and the public comments, and as effective as, the requirements of part
Email: MCPSD@dot.gov. If you have determines whether granting the 383, and adequately assesses the
questions on viewing or submitting exemption would likely achieve a level driver’s ability to operate CMVs in the
material to the docket, contact Docket of safety equivalent to, or greater than, U.S. Since 2012, FMCSA has granted
Services, telephone (202) 366–9826. the level that would be achieved by the Daimler drivers similar exemptions
SUPPLEMENTARY INFORMATION: current regulation (49 CFR 381.305). [May 25, 2012 (77 FR 31422); July 22,
I. Public Participation and Request for The decision of the Agency must be 2014 (79 FR 42626); March 27, 2015 (80
Comments published in the Federal Register (49 FR 16511); October 5, 2015 (80 FR
CFR 381.315(b)) with the reason for the 60220); December 7, 2015 (80 FR
FMCSA encourages you to participate grant or denial, and, if granted, the 76059); December 21, 2015 (80 FR
by submitting comments and related specific person or class of persons 79410)].
materials. receiving the exemption, and the Issued on: December 29, 2016.
Submitting Comments regulatory provision or provisions from Larry W. Minor,
which exemption is granted. The notice
If you submit a comment, please Associate Administrator for Policy.
must also specify the effective period of
include the docket number for this [FR Doc. 2017–00010 Filed 1–5–17; 8:45 am]
the exemption (up to 5 years), and
notice (FMCSA–2012–0032), indicate explain the terms and conditions of the BILLING CODE 4910–EX–P
the specific section of this document to exemption. The exemption may be
which the comment applies, and renewed (49 CFR 381.300(b)).
provide a reason for suggestions or DEPARTMENT OF THE TREASURY
recommendations. You may submit Request for Exemption
Office of Foreign Assets Control
your comments and material online or Daimler has applied for an exemption
by fax, mail, or hand delivery, but for one of its engineers from 49 CFR Designation of 3 Individuals and 2
please use only one of these means. 383.23, which prescribes licensing Entities Pursuant to Executive Order
FMCSA recommends that you include requirements for drivers operating 13581, ‘‘Blocking Property of
your name and a mailing address, an CMVs in interstate or intrastate Transnational Criminal Organizations’’
email address, or a phone number in the commerce. This driver, Kai Zeuner,
body of your document so the Agency holds a valid German commercial AGENCY: Office of Foreign Assets
can contact you if it has questions license but is unable to obtain a CDL in Control, Treasury.
regarding your submission. any of the U.S. States due to residency ACTION: Notice.
To submit your comment online, go to requirements. A copy of the application
www.regulations.gov and put the docket SUMMARY: The Treasury Department’s
is in Docket No. FMCSA–2012–0032.
number, ‘‘FMCSA–2012–0032’’ in the The exemption would allow Mr. Office of Foreign Assets Control
‘‘Keyword’’ box, and click ‘‘Search.’’ Zeuner to operate CMVs in interstate or (‘‘OFAC’’) is publishing the names of 3
When the new screen appears, click on intrastate commerce to support Daimler individuals and 2 entities whose
‘‘Comment Now!’’ button and type your field tests designed to meet future property and interests in property are
comment into the text box in the vehicle safety and environmental blocked pursuant to Executive Order
following screen. Choose whether you requirements and to develop improved 13581 of July 24, 2011, ‘‘Blocking
are submitting your comment as an safety and emission technologies. Property of Transnational Criminal
individual or on behalf of a third party According to Daimler, Mr. Zeuner will Organizations.’’
sradovich on DSK3GMQ082PROD with NOTICES
and then submit. If you submit your typically drive for no more than 6 hours DATES: The designations by the Acting
comments by mail or hand delivery, per day for 2 consecutive days, and 10 Director of OFAC, pursuant to Executive
submit them in an unbound format, no percent of the test driving will be on Order 13581, of the 3 individuals and 2
larger than 81⁄2 by 11 inches, suitable for two-lane State highways, while 90 entities identified in this notice were
copying and electronic filing. If you percent will be on interstate highways. effective on December 30, 2016.
submit comments by mail and would The driving will consist of no more than FOR FURTHER INFORMATION CONTACT: The
like to know that they reached the 200 miles per day, for a total of 400 Department of the Treasury’s Office of
VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1](https://thefederalregister.org/doc/82_FR_1786/page/2.svg)
Document Created: 2017-01-06 01:30:23
Document Modified: 2017-01-06 01:30:23
| 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 February 6, 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 1782 |
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