82_FR_22463 82 FR 22371 - Commercial Driver's License Standards: Application for Renewal of Exemption; Daimler Trucks North America (Daimler)

82 FR 22371 - Commercial Driver's License Standards: Application for Renewal of Exemption; Daimler Trucks North America (Daimler)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 92 (May 15, 2017)

Page Range22371-22372
FR Document2017-09736

FMCSA announces that Daimler Trucks North America (Daimler) has requested the renewal of an exemption from the requirement for a commercial driver's license (CDL) for one of its commercial motor vehicle (CMV) drivers, Sven Ennerst, who holds a German commercial license. The renewal would allow Mr. Ennerst to continue 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 that German regulations ensure that holders of a German commercial license will likely achieve a level of safety equal to or greater than that of drivers who hold a U.S. CDL.

Federal Register, Volume 82 Issue 92 (Monday, May 15, 2017) 
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22371-22372]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09736]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]


Commercial Driver's License Standards: Application for Renewal of 
Exemption; Daimler Trucks North America (Daimler)

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

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

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SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) 
has requested the renewal of an exemption from the requirement for a 
commercial driver's license (CDL) for one of its commercial motor 
vehicle (CMV) drivers, Sven Ennerst, who holds a German commercial 
license. The renewal would allow Mr. Ennerst to continue 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 that German regulations ensure that 
holders of a German commercial license will likely achieve a level of 
safety equal to or greater than that of drivers who hold a U.S. CDL.

DATES: Comments must be received on or before June 14, 2017.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2012-0032 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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. 
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov at any time and in the box 
labeled ``SEARCH for'' enter FMCSA-2012-0032 and click on the tab 
labeled ``SEARCH.''
    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.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received

[[Page 22372]]

your comments, please include a self-addressed, stamped envelope or 
postcard, or print the acknowledgement page that appears after 
submitting comments online.

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. Daimler Application for Exemption Renewal

    Daimler has applied for a renewal of 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, Sven Ennerst, 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 request for renewal, dated February 15, 
2017, is in the docket identified at the beginning of this notice.
    FMCSA granted a renewal of an exemption to Mr. Ennerst on July 22, 
2015 (80 FR 45576). This exemption was effective July 22, 2015, and 
expires July 22, 2017. Detailed information about the qualifications 
and experience of Mr. Ennerst was provided by Daimler in its original 
application, a copy of which is in the docket referenced above. Renewal 
of the exemption will enable Mr. Ennerst 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. 
Ennerst 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); July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496)].

    Issued on: May 8, 2017.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-09736 Filed 5-12-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices 22371 an FAA medical certificate while acting business, labor union, etc.). You may renewal would allow Mr. Ennerst to as a Designated Pilot Examiner. review the DOT’s complete Privacy Act continue to test-drive Daimler vehicles [FR Doc. 2017–09704 Filed 5–12–17; 8:45 am] Statement in the Federal Register on U.S. roads to better understand BILLING CODE 4910–13–P published on April 11, 2000 (65 FR product requirements for these systems 19477). in ‘‘real world’’ environments, and Docket: To read background verify results. Daimler believes that DEPARTMENT OF TRANSPORTATION documents or comments received, go to German regulations ensure that holders http://www.regulations.gov at any time of a German commercial license will Federal Aviation Administration or to the Docket Management Facility in likely achieve a level of safety equal to [Summary Notice No. PE–2017–33] Room W12–140 of the West Building or greater than that of drivers who hold Ground Floor at 1200 New Jersey a U.S. CDL. Petition for Exemption; Summary of Avenue SE., Washington, DC, between 9 DATES: Comments must be received on Petition Received a.m. and 5 p.m., Monday through or before June 14, 2017. Friday, except Federal holidays. ADDRESSES: You may submit comments AGENCY: Federal Aviation Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: identified by Federal Docket Deana Stedman, ANM–113, Federal Management System Number FMCSA– ACTION: Notice of petition for exemption Aviation Administration, 1601 Lind 2012–0032 by any of the following received. Avenue SW., Renton, WA 98057–3356, methods: SUMMARY: This notice contains a email deana.stedman@faa.gov, phone • Federal eRulemaking Portal: summary of a petition seeking relief (425) 227–2148. www.regulations.gov. Follow the online from the requirements pertaining to the This notice is published pursuant to instructions for submitting comments. method of determining fuel tank 14 CFR 11.85. • Fax: 1–202–493–2251. flammability for airplanes. The purpose Issued in Renton, Washington, on May 5, • Mail: Docket Management Facility, of this notice is to improve the public’s 2017. U.S. Department of Transportation, 1200 awareness of, and participation in, this Victor Wicklund, New Jersey Avenue SE., West Building, aspect of the FAA’s regulatory activities. Manager, Transport Standards Staff. Ground Floor, Room W12–140, Neither publication of this notice nor Washington, DC 20590–0001. Petition for Exemption the inclusion or omission of information • Hand Delivery or Courier: West in the summary is intended to affect the Docket No.: FAA–2013–0437. Building, Ground Floor, Room W12– legal status of the petition or its final Petitioner: Quiet Wing Aerospace, LLC. 140, 1200 New Jersey Avenue SE., disposition. Section of 14 CFR Affected: § 25.981(b). between 9 a.m. and 5 p.m. E.T., Monday Description of Relief Sought: The petitioner DATES: Comments on this petition must seeks an exemption from the requirements of through Friday, except Federal holidays. identify the petition docket number 14 CFR 25.981(b) that pertain to appendix N Instructions: All submissions must involved and must be received on or of part 25 to allow an alternate method of include the Agency name and docket before June 5, 2017. determining fuel tank flammability for number. For detailed instructions on ADDRESSES: You may send comments Boeing 737–400 airplanes. The exemption submitting comments and additional requested would allow the consideration of information on the exemption process, identified by docket number FAA– external effects on vapor flammability 2013–0437 using any of the following see the Public Participation heading instead of fuel temperature alone in the below. Note that all comments received methods: determination of fuel tank flammability. • Government-wide rulemaking Web will be posted without change to [FR Doc. 2017–09717 Filed 5–12–17; 8:45 am] www.regulations.gov, including any site: Go to http://www.regulations.gov and follow the instructions for sending BILLING CODE 4910–13–P personal information provided. Please your comments digitally. see the Privacy Act heading below. • Mail: Send comments to the Docket Docket: For access to the docket to DEPARTMENT OF TRANSPORTATION read background documents or Management Facility; U.S. Department of Transportation, 1200 New Jersey comments received, go to Federal Motor Carrier Safety Avenue SE., West Building Ground www.regulations.gov at any time and in Administration Floor, Room W12–140, Washington, DC the box labeled ‘‘SEARCH for’’ enter 20590. [Docket No. FMCSA–2012–0032] FMCSA–2012–0032 and click on the tab • Fax: Fax comments to the Docket labeled ‘‘SEARCH.’’ Management Facility at 202–493–2251. Commercial Driver’s License Privacy Act: In accordance with 5 • Hand Delivery: Bring comments to Standards: Application for Renewal of U.S.C. 553(c), DOT solicits comments the Docket Management Facility in Exemption; Daimler Trucks North from the public to better inform its Room W12–140 of the West Building America (Daimler) rulemaking process. DOT posts these Ground Floor at 1200 New Jersey AGENCY: Federal Motor Carrier Safety comments, without edit, including any Avenue SE., Washington, DC, between 9 Administration (FMCSA), DOT. personal information the commenter a.m. and 5 p.m., Monday through ACTION: Notice of application for provides, to www.regulations.gov, as Friday, except Federal holidays. renewal of exemption; request for described in the system of records Privacy: We will post all comments comments. notice (DOT/ALL–14 FDMS), which can we receive, without change, to http:// be reviewed at www.dot.gov/privacy. www.regulations.gov, including any SUMMARY: FMCSA announces that Public Participation: The Federal jstallworth on DSK7TPTVN1PROD with NOTICES personal information you provide. Daimler Trucks North America eRulemaking Portal is available 24 Using the search function of our docket (Daimler) has requested the renewal of hours each day, 365 days each year. You Web site, anyone can find and read the an exemption from the requirement for can get electronic submission and comments received into any of our a commercial driver’s license (CDL) for retrieval help and guidelines under the dockets, including the name of the one of its commercial motor vehicle ‘‘help’’ section of the Federal individual sending the comment (or (CMV) drivers, Sven Ennerst, who holds eRulemaking Portal Web site. If you signing the comment for an association, a German commercial license. The want us to notify you that we received VerDate Sep<11>2014 13:51 May 12, 2017 Jkt 241001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1

22372 Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices your comments, please include a self- Federal Register (49 CFR 381.315(a)). of 400 miles during a two-day period on addressed, stamped envelope or The Agency must provide the public an a quarterly basis. He will in all cases be postcard, or print the acknowledgement opportunity to inspect the information accompanied by a holder of a U.S. CDL page that appears after submitting relevant to the application, including who is familiar with the routes to be comments online. any safety analyses that have been traveled. Daimler requests that the FOR FURTHER INFORMATION CONTACT: Mr. conducted. The Agency must also exemption cover the maximum Thomas Yager, Chief, FMCSA Driver provide an opportunity for public allowable duration of 5 years. and Carrier Operations Division; Office comment on the request. Daimler has explained in prior of Carrier, Driver and Vehicle Safety The Agency reviews the safety exemption requests that the German Standards; Telephone: 614–942–6477. analyses and the public comments, and knowledge and skills tests and training Email: MCPSD@dot.gov. If you have determines whether granting the program ensure that Daimler’s drivers questions on viewing or submitting exemption would likely achieve a level operating under the exemption will material to the docket, contact Docket of safety equivalent to, or greater than, achieve a level of safety that is Services, telephone (202) 366–9826. the level that would be achieved by the equivalent to, or greater than, the level SUPPLEMENTARY INFORMATION: current regulation (49 CFR 381.305). of safety obtained by complying with The decision of the Agency must be the U.S. requirement for a CDL. I. Public Participation and Request for published in the Federal Register (49 Comments IV. Method To Ensure an Equivalent or CFR 381.315(b)) with the reason for the Greater Level of Safety FMCSA encourages you to participate grant or denial, and, if granted, the by submitting comments and related specific person or class of persons FMCSA has previously determined materials. receiving the exemption, and the that the process for obtaining a German regulatory provision or provisions from commercial license is comparable to, or Submitting Comments which exemption is granted. The notice as effective as, the requirements of part If you submit a comment, please must also specify the effective period of 383, and adequately assesses the include the docket number for this the exemption (up to 5 years), and driver’s ability to operate CMVs in the notice (FMCSA–2012–0032), indicate explain the terms and conditions of the U.S. Since 2012, FMCSA has granted the specific section of this document to exemption. The exemption may be Daimler drivers similar exemptions which the comment applies, and renewed (49 CFR 381.300(b)). [May 25, 2012 (77 FR 31422); July 22, provide a reason for suggestions or 2014 (79 FR 42626); March 27, 2015 (80 III. Daimler Application for Exemption FR 16511); October 5, 2015 (80 FR recommendations. You may submit Renewal 60220); July 12, 2016 (81 FR 45217); your comments and material online or by fax, mail, or hand delivery, but Daimler has applied for a renewal of July 25, 2016 (81 FR 48496)]. please use only one of these means. an exemption for one of its engineers Issued on: May 8, 2017. FMCSA recommends that you include from 49 CFR 383.23, which prescribes Larry W. Minor, your name and a mailing address, an licensing requirements for drivers Associate Administrator for Policy. email address, or a phone number in the operating CMVs in interstate or [FR Doc. 2017–09736 Filed 5–12–17; 8:45 am] body of your document so the Agency intrastate commerce. This driver, Sven Ennerst, holds a valid German BILLING CODE 4910–EX–P can contact you if it has questions regarding your submission. commercial license but is unable to To submit your comment online, go to obtain a CDL in any of the U.S. States due to residency requirements. A copy DEPARTMENT OF TRANSPORTATION www.regulations.gov and put the docket number, ‘‘FMCSA–2012–0032’’ in the of the request for renewal, dated Federal Motor Carrier Safety ‘‘Keyword’’ box, and click ‘‘Search.’’ February 15, 2017, is in the docket Administration When the new screen appears, click on identified at the beginning of this ‘‘Comment Now!’’ button and type your notice. [Docket No. FMCSA–2016–0111] comment into the text box in the FMCSA granted a renewal of an exemption to Mr. Ennerst on July 22, Parts and Accessories Necessary for following screen. Choose whether you 2015 (80 FR 45576). This exemption Safe Operation; Application for an are submitting your comment as an was effective July 22, 2015, and expires Exemption From the International individual or on behalf of a third party July 22, 2017. Detailed information Institute of Towing and Recovery (IITR) and then submit. If you submit your comments by mail or hand delivery, about the qualifications and experience AGENCY: Federal Motor Carrier Safety submit them in an unbound format, no of Mr. Ennerst was provided by Daimler Administration (FMCSA), DOT. larger than 81⁄2 by 11 inches, suitable for in its original application, a copy of ACTION: Notice of final disposition copying and electronic filing. If you which is in the docket referenced above. submit comments by mail and would Renewal of the exemption will enable SUMMARY: The Federal Motor Carrier like to know that they reached the Mr. Ennerst to operate CMVs in Safety Administration (FMCSA) facility, please enclose a stamped, self- interstate or intrastate commerce to announces its decision to grant the addressed postcard or envelope. FMCSA support Daimler field tests designed to International Institute of Towing and will consider all comments and material meet future vehicle safety and Recovery’s (IITR’s) application for a received during the comment period environmental requirements and to limited 5-year exemption to allow and may grant or not grant this develop improved safety and emission commercial motor vehicle (CMV) technologies. According to Daimler, Mr. operators to secure automobiles, light jstallworth on DSK7TPTVN1PROD with NOTICES application based on your comments. Ennerst will typically drive for no more trucks, and vans using a total of four II. Legal Basis than 6 hours per day for 2 consecutive tiedowns—two fixed and two FMCSA has authority under 49 U.S.C. days, and 10 percent of the test driving adjustable—instead of using a minimum 31136(e) and 31315 to grant exemptions will be on two-lane State highways, of two tiedowns, both of which need to from the Federal Motor Carrier Safety while 90 percent will be on interstate be adjustable. While the Federal Motor Regulations. FMCSA must publish a highways. The driving will consist of no Carrier Safety Regulations (FMCSRs) notice of each exemption request in the more than 200 miles per day, for a total require each tiedown, or its associated VerDate Sep<11>2014 13:51 May 12, 2017 Jkt 241001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1


Document Created: 2017-05-13 02:38:46
Document Modified: 2017-05-13 02:38:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application for renewal of exemption; request for comments.
DatesComments must be received on or before June 14, 2017.
ContactMr. 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 Citation82 FR 22371 
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