82 FR 23705 - 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 98 (May 23, 2017)

Page Range		23705-23706
FR Document		2017-10554

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. Kai Zeuner, a project engineer for the Daimler Trucks and Bus Division. Mr. Zeuner 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 98 (Tuesday, May 23, 2017)

[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23705-23706]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10554]



[[Page 23705]]

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

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. 
Kai Zeuner, a project engineer for the Daimler Trucks and Bus Division. 
Mr. Zeuner 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: This exemption is effective May 23, 2017 and expires May 23, 
2022.

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 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

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 (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

    On behalf of Mr. Kai Zeuner, 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. 
Zeuner 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. 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. Mr. Zeuner needs to drive 
Daimler vehicles on public roads to better understand ``real world'' 
environments in the U.S. market. 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.
    Mr. Zeuner 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. Zeuner 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. 
Zeuner is familiar with the operation of CMVs worldwide.

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)].

V. Public Comments

    On January 6, 2017, FMCSA published notice of this application and 
requested public comments (82 FR 1782). Two comments were submitted, 
which neither opposed nor supported the requested exemption.

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. Zeuner's

[[Page 23706]]

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).

VII. Terms and Conditions for the Exemption

    FMCSA grants Daimler and Kai Zeuner an exemption from the CDL 
requirement in 49 CFR 383.23 to allow Mr. Zeuner 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. Zeuner 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.

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: May 17, 2017.
 Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-10554 Filed 5-22-17; 8:45 am]
 BILLING CODE 4910-EX-P

23706 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

extensive driving experience and safety DEPARTMENT OF TRANSPORTATION as described in the system of records
record, FMCSA has concluded that the notice (DOT/ALL–14 FDMS), which can
exemption would likely achieve a level Federal Motor Carrier Safety be reviewed at http://www.dot.gov/
of safety that is equivalent to or greater Administration privacy.
than the level that would be achieved [Docket No. FMCSA–2006–2575; FMCSA– II. Background
absent such exemption, in accordance 2011–0193; FMCSA–2011–0194; FMCSA–
with § 381.305(a). 2013–0183; FMCSA–2013–0186; FMCSA– On November 6, 2015, FMCSA
2013–0188; FMCSA–2013–0189] published a notice announcing its
VII. Terms and Conditions for the decision to renew exemptions for 90
Exemption Qualification of Drivers; Exemption individuals from the insulin-treated
Applications; Diabetes diabetes mellitus prohibition in 49 CFR
FMCSA grants Daimler and Kai 391.41(b)(3) to operate a CMV in
Zeuner an exemption from the CDL AGENCY: Federal Motor Carrier Safety
interstate commerce and requested
requirement in 49 CFR 383.23 to allow Administration (FMCSA), DOT.
comments from the public (80 FR
Mr. Zeuner to drive CMVs in this ACTION: Notice of final disposition.
68895). The public comment period
country without a U.S. State-issued ended on December 7, 2015, and no
SUMMARY: FMCSA announces its
CDL, subject to the following terms and comments were received.
decision to renew exemptions of 90
conditions: (1) The driver and carrier individuals from its prohibition in the As stated in the previous notice,
must comply with all other applicable Federal Motor Carrier Safety FMCSA has evaluated the eligibility of
provisions of the FMCSRs (49 CFR parts Regulations (FMCSRs) against persons these applicants and determined that
350–399); (2) the driver must be in with insulin-treated diabetes mellitus renewing these exemptions would
possession of the exemption document (ITDM) from operating commercial achieve a level of safety equivalent to or
and a valid German commercial license; motor vehicles (CMVs) in interstate greater than the level that would be
(3) the driver must be employed by and commerce. The exemptions enable these achieved by complying with the current
operate the CMV within the scope of his individuals with ITDM to continue to regulation 49 CFR 391.41(b)(3).
duties for Daimler; (4) at all times while operate CMVs in interstate commerce. The physical qualification standard
operating a CMV under this exemption, for drivers regarding diabetes found in
DATES: Each group of renewed
the driver must be accompanied by a 49 CFR 391.41(b)(3) states that a person
exemptions was effective on the dates
holder of a U.S. CDL who is familiar is physically qualified to drive a CMV
stated in the discussions below and will
with the routes traveled; (5) Daimler if that person has no established
expire on the dates stated in the
must notify FMCSA in writing within 5 medical history or clinical diagnosis of
discussions below.
business days of any accident, as diabetes mellitus currently requiring
FOR FURTHER INFORMATION CONTACT: Ms.
defined in 49 CFR 390.5, involving this insulin for control.
Christine A. Hydock, Chief, Medical
driver; and (6) Daimler must notify Programs Division, 202–366–4001, III. Discussion of Comments
FMCSA in writing if this driver is fmcsamedical@dot.gov, FMCSA, FMCSA received no comments in this
convicted of a disqualifying offense Department of Transportation, 1200 preceding.
under § 383.51 or § 391.15 of the New Jersey Avenue SE., Room W64–
FMCSRs. 224, Washington, DC 20590–0001. IV. Conclusion
In accordance with 49 U.S.C. 31315 Office hours are from 8 a.m. to 5:30 Based upon its evaluation of the 90
and 31136(e), the exemption will be p.m., e.t., Monday through Friday, renewal exemption applications and
valid for 5 years unless revoked earlier except Federal holidays. If you have that no comments were received,
by the FMCSA. The exemption will be questions regarding viewing or FMCSA confirms its’ decision to exempt
revoked if: (1) Mr. Zeuner fails to submitting material to the docket, the following drivers from the rule
comply with the terms and conditions contact Docket Services, telephone (202) prohibiting drivers with ITDM from
of the exemption; (2) the exemption 366–9826. driving CMVs in interstate commerce in
results in a lower level of safety than SUPPLEMENTARY INFORMATION: 49 CFR 391.41(b)(3):
was maintained before it was granted; or As of November 1, 2015, and in
I. Electronic Access accordance with 49 U.S.C. 31136(e) and
(3) continuation of the exemption would
be inconsistent with the goals and You may see all the comments online 31315, the following 17 individuals
objectives of 49 U.S.C. 31315 and 31136. through the Federal Document have satisfied the renewal conditions for
Management System (FDMS) at: http:// obtaining an exemption from the rule
VIII. Preemption www.regulations.gov. prohibiting drivers with ITDM from
Docket: For access to the docket to driving CMVs in interstate commerce
In accordance with 49 U.S.C. read background documents or (78 FR 50482; 78 FR 65754; 80 FR
31315(d), as implemented by 49 CFR comments, go to http:// 68895):
381.600, during the period this www.regulations.gov and/or Room
exemption is in effect, no State shall John K. Abels (IL)
W12–140 on the ground level of the Dean A. Bacon (IN)
enforce any law or regulation applicable West Building, 1200 New Jersey Avenue Philip E. Banks (OH)
to interstate or intrastate commerce that SE., Washington, DC, between 9 a.m. Anthony M. Bride (NJ)
conflicts with or is inconsistent with and 5 p.m., e.t., Monday through Friday, Charles E. Dailey (AL)
this exemption with respect to a firm or
sradovich on DSK3GMQ082PROD with NOTICES

except Federal holidays. Kenneth D. Denny (WA)
person operating under the exemption. Privacy Act: In accordance with 5 Adam M. Hogue (MS)
Issued on: May 17, 2017. U.S.C. 553(c), DOT solicits comments Allen D. LaFave (ND)
from the public to better inform its Greg P. Mason (NY)
Daphne Y. Jefferson,
rulemaking process. DOT posts these Thomas D. Miller (MT)
Deputy Administrator. comments, without edit, including any Douglas A. Mulligan (KY)
[FR Doc. 2017–10554 Filed 5–22–17; 8:45 am] personal information the commenter David G. Peters (PA)
BILLING CODE 4910–EX–P provides, to http://www.regulations.gov, Robert J. Rispoli, Jr. (NY)

VerDate Sep<11>2014 21:15 May 22, 2017 Jkt 241001 PO 00000 Frm 00186 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1

Document Created: 2017-05-23 02:14:48
Document Modified: 2017-05-23 02:14:48

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 final disposition; grant of application for exemption.
Dates		This exemption is effective May 23, 2017 and expires May 23, 2022.
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 23705

82 FR 23705 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 98 (May 23, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration