82_FR_26327 82 FR 26220 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

82 FR 26220 - 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 107 (June 6, 2017)

Page Range26220-26222
FR Document2017-11647

FMCSA announces its decision to grant Daimler Trucks North America's (Daimler) application for an exemption to allow a Daimler employee to drive commercial motor vehicles (CMV) in the United States without having a commercial driver's license (CDL) issued by one of the States. The driver, Martin Zeilinger, will test-drive Daimler vehicles on U.S. roads to better understand product requirements for these vehicles in ``real world'' environments and verify results. He holds a valid German commercial license but lacks the U.S. residency necessary to obtain a CDL issued by one of the States. FMCSA believes that the process for obtaining a German commercial license is comparable to or as effective as the U.S. CDL requirements and ensures that this driver will likely achieve a level of safety that is equivalent to or greater than the level of safety that would be obtained in the absence of the exemption.

Federal Register, Volume 82 Issue 107 (Tuesday, June 6, 2017) 
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26220-26222]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11647]


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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.

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SUMMARY: FMCSA announces its decision to grant Daimler Trucks North 
America's (Daimler) application for an exemption to allow a Daimler 
employee to drive commercial motor vehicles (CMV) in the United States 
without having a commercial driver's license (CDL) issued by one of the 
States. The driver, Martin Zeilinger, will test-drive

[[Page 26221]]

Daimler vehicles on U.S. roads to better understand product 
requirements for these vehicles in ``real world'' environments and 
verify results. He holds a valid German commercial license but lacks 
the U.S. residency necessary to obtain a CDL issued by one of the 
States. FMCSA believes that the process for obtaining a German 
commercial license is comparable to or as effective as the U.S. CDL 
requirements and ensures that this driver will likely achieve a level 
of safety that is equivalent to or greater than the level of safety 
that would be obtained in the absence of the exemption.

DATES: This exemption is effective June 6, 2017 and expires June 6, 
2022.

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)).

III. Daimler Application 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 
expired 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 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); July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496)].

V. Public Comments

    On March 22, 2017, FMCSA published notice of this application and 
requested public comments (82 FR 14791). One respondent opposed the 
requested exemption. Mr. Michael Millard wrote, ``I feel five years is 
sufficient for Martin Zeilinger to obtain a US CDL. Please deny Daimler 
Trucks North America's request.''

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. 
Zeilinger'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).

VII. Terms and Conditions for the Exemption

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

[[Page 26222]]

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. Zeilinger 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 26, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-11647 Filed 6-5-17; 8:45 am]
 BILLING CODE 4910-EX-P

26220 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices Eric D. Ambler (WI) L. Everett Stamper (IN) Michael W. Perez (OH) Clay B. Anderson (IL) The drivers were included in docket Jerry Platero (NM) Gregory C. Bartley (PA) No. FMCSA–2012–0348. Their Darrell K. Rau (IA) Aaron M. Batts (NC) exemptions are effective as of January Andrew B. Renninger (PA) Nathan R. Batzel (MN) 25, 2017, and will expire on January 25, Ryan T. Rock (ID) Michael R. Bell (MD) 2019. Wilfredo Rodriguez (NY) Jerry A. Cox, Sr. (LA) As of January 28, 2017, and in Mark A. Santana (PA) Lloyd F. Cuckow (CO) accordance with 49 U.S.C. 31136(e) and Donald E. Scovil (NH) Kenneth B. Dennard (GA) 31315, the following 9 individuals have David E. Shinen (CA) Eric Q. Dickerson (IN) satisfied the renewal conditions for Patrick A. Shryock (AR) James P. Dreifuerst (WI) obtaining an exemption from the rule Joshua C. Thompson (AZ) Domenic R. Folino (PA) prohibiting drivers with ITDM from Jeffrey D. Thomson (WI) Howard M. Hammel (NJ) driving CMVs in interstate commerce Marshall L. Wainwright (IL) Derrick D. Harris (IL) (75 FR 77947; 76 FR 5243): Glenn P. Whitehouse (PA) Kevin R. Johnson (MI) Jennifer R. Williams (PA) David J. Long (PA) James T. Bezold (KY) John E. Yates (IN) David P. Magee (MO) Allen C. Cornelius, Jr. (DE) Jeffrey S. Zimmer (NH) Gary F. Marson (WI) Eugene M. Johnson (NY) Michael A. McHenry (IN) The drivers were included in docket James A. Meridith (MI) No. FMCSA–2012–0386. Their Richard A. Moore (PA) Gregory S. Myers (PA) Richard D. Peterson, Jr. (MN) exemptions are effective as of January Keith B. Muehler (ND) 31, 2017, and will expire on January 31, John K. Murray (NY) Rudolph Q. Redd (IL) Chad A. Sanders (IN) 2019. John D. Pede, Jr. (PA) In accordance with 49 U.S.C. 31315, John F. Prophet (FL) Mark A. Sawyer (IN) each exemption will be valid for two Dominic F. Quartullo (WI) The drivers were included in docket years from the effective date unless Michael E. Reed (IA) No. FMCSA–2012–0386. Their revoked earlier by FMCSA. The Carlos B. Rodriguez (NY) exemptions are effective as of January exemption will be revoked if the David J. Sierra (NJ) 28, 2017, and will expire on January 28, following occurs: (1) The person fails to Roger E. Smith (IA) 2019. As of January 31, 2017, and in comply with the terms and conditions Terrell W. Smith (PA) of the exemption; (2) the exemption has Anthony L. Spratto (WI) accordance with 49 U.S.C. 31136(e) and 31315, the following 49 individuals resulted in a lower level of safety than Timothy R. Stephens (KS) was maintained prior to being granted; Howard C. Stines (TN) have satisfied the renewal conditions for obtaining an exemption from the rule or (3) continuation of the exemption Christopher E. Swanson (CA) would not be consistent with the goals Diana C. Tabala (NY) prohibiting drivers with ITDM from driving CMVs in interstate commerce and objectives of 49 U.S.C. 31136 and Brewster E. Thurston (VT) 31315. Phillip J. Ulmer (LA) (79 FR 78938; 80 FR 12545): Charles A. Walker (IL) Joseph L. Allen (TX) Issued on: May 26, 2017. John D. Weaver (WY) Wayne A. Aukes (MN) Larry W. Minor, Leroy D. Yost (IA) Freddie W. Bermudez, Jr. (IL) Associate Administrator for Policy. The drivers were included in docket Darrell K. Blanton (NC) [FR Doc. 2017–11641 Filed 6–5–17; 8:45 am] No. FMCSA–2014–0310. Their Richard A. Boor (VA) BILLING CODE 4910–EX–P exemptions are effective as of January Stephen R. Brown (NH) 15, 2017, and will expire on January 15, Kenneth E. Chastain (TN) 2019. Jeffery C. Colbert (AR) DEPARTMENT OF TRANSPORTATION As of January 25, 2017, and in Kenny L. Dickerson (GA) James M. DiClaudio (NJ) Federal Motor Carrier Safety accordance with 49 U.S.C. 31136(e) and Administration Steven A. Dion (NY) 31315, the following 16 individuals Dean R. Duquette (ME) [Docket No. FMCSA–2012–0032] have satisfied the renewal conditions for Joseph J. Eckstrom (NY) obtaining an exemption from the rule Morgan D. Hale, Jr. (KY) Commercial Driver’s License prohibiting drivers with ITDM from James J. Hartman (SD) driving CMVs in interstate commerce Standards: Application for Exemption; Dale H. Hintz (WI) Daimler Trucks North America (77 FR 70530; 78 FR 5559): Benjamin D. Horton (VA) (Daimler) Randle A. Badertscher (WY) Danny R. Jackson, Jr. (OR) Jerol G. Fox (DE) Brian C. Jagdman (MD) AGENCY: Federal Motor Carrier Safety Michael S. Freeman (OR) Terry J. Johnson (MD) Administration (FMCSA), DOT. Harold D. Grimes (MI) Robert L. Johnson, Jr. (OK) ACTION: Notice of final disposition; grant Douglas W. Hunderman (MI) Michael W. Jones (NJ) of application for exemption. Robert L. Johnson, Jr. (VA) Carl J. Kern, Jr. (PA) George R. Miller III (PA) Monte J. Lakosky (MI) SUMMARY: FMCSA announces its Ronald G. Monroe (IN) Aaron J. Larson (WI) decision to grant Daimler Trucks North mstockstill on DSK30JT082PROD with NOTICES Israel Ramos (NY) Jeffrey G. Lawrence (AR) America’s (Daimler) application for an Jed Ramsey (ID) Leo D. Maggioli (MA) exemption to allow a Daimler employee Raymond E. Richardson (MD) Ryan M. McClatchey (TN) to drive commercial motor vehicles Craig W. Schafer (DE) Carl A. Mears, Jr. (VT) (CMV) in the United States without Stephen L. Schug (FL) Robert P. Miller (WI) having a commercial driver’s license Shawn M. Seeley (CT) Nicholas M. Palocy (VT) (CDL) issued by one of the States. The Mark S. Shepherd (MA) John D. Patterson (OH) driver, Martin Zeilinger, will test-drive VerDate Sep<11>2014 20:52 Jun 05, 2017 Jkt 241001 PO 00000 Frm 00179 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1

Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices 26221 Daimler vehicles on U.S. roads to better of safety equivalent to, or greater than, of safety obtained by complying with understand product requirements for the level that would be achieved by the the U.S. requirement for a CDL. these vehicles in ‘‘real world’’ current regulation (49 CFR 381.305). IV. Method To Ensure an Equivalent or environments and verify results. He The decision of the Agency must be Greater Level of Safety holds a valid German commercial published in the Federal Register (49 license but lacks the U.S. residency CFR 381.315(b)) with the reason for the FMCSA has previously determined necessary to obtain a CDL issued by one grant or denial, and, if granted, the that the process for obtaining a German of the States. FMCSA believes that the specific person or class of persons commercial license is comparable to, or process for obtaining a German receiving the exemption, and the as effective as, the requirements of part commercial license is comparable to or regulatory provision or provisions from 383, and adequately assesses the as effective as the U.S. CDL which exemption is granted. The notice driver’s ability to operate CMVs in the requirements and ensures that this must also specify the effective period of U.S. Since 2012, FMCSA has granted driver will likely achieve a level of the exemption (up to 5 years), and Daimler drivers similar exemptions safety that is equivalent to or greater explain the terms and conditions of the [May 25, 2012 (77 FR 31422); July 22, than the level of safety that would be exemption. The exemption may be 2014 (79 FR 42626); March 27, 2015 (80 obtained in the absence of the renewed (49 CFR 381.300(b)). FR 16511); October 5, 2015 (80 FR exemption. 60220); December 7, 2015 (80 FR III. Daimler Application for Exemption DATES: This exemption is effective June 76059); December 21, 2015 (80 FR Daimler has applied for an exemption 79410); July 12, 2016 (81 FR 45217); 6, 2017 and expires June 6, 2022. renewal for one of its engineers from 49 July 25, 2016 (81 FR 48496)]. FOR FURTHER INFORMATION CONTACT: Mr. CFR 383.23, which prescribes licensing Thomas Yager, Chief, FMCSA Driver requirements for drivers operating V. Public Comments and Carrier Operations Division; Office CMVs in interstate or intrastate On March 22, 2017, FMCSA of Carrier, Driver and Vehicle Safety commerce. This driver, Martin published notice of this application and Standards; Telephone: 614–942–6477. Zeilinger, holds a valid German requested public comments (82 FR Email: MCPSD@dot.gov. If you have commercial license but is unable to 14791). One respondent opposed the questions on viewing or submitting obtain a CDL in any of the U.S. States requested exemption. Mr. Michael material to the docket, contact Docket due to residency requirements. A copy Millard wrote, ‘‘I feel five years is Services, telephone (202) 366–9826. of the application is in Docket No. sufficient for Martin Zeilinger to obtain SUPPLEMENTARY INFORMATION: FMCSA–2012–0032. a US CDL. Please deny Daimler Trucks I. Public Participation FMCSA initially granted an North America’s request.’’ exemption to Mr. Zeilinger on March Viewing Comments and Documents 27, 2015 (80 FR 16511). This exemption VI. FMCSA Decision To view comments, as well as was effective March 27, 2015, and Based upon the merits of this documents mentioned in this preamble expired March 27, 2017. Detailed application, including Mr. Zeilinger’s as being available in the docket, go to information about the qualifications and extensive driving experience and safety www.regulations.gov and insert the experience of Mr. Zeilinger was record, FMCSA has concluded that the docket number, ‘‘FMCSA–2012–0032’’ provided by Daimler in its original exemption would likely achieve a level in the ‘‘Keyword’’ box and click application, a copy of which is in the of safety that is equivalent to or greater ‘‘Search.’’ Next, click the ‘‘Open Docket docket. than the level that would be achieved Folder’’ button and choose the The exemption renewal would allow absent such exemption, in accordance document to review. If you do not have Mr. Zeilinger to operate CMVs in with § 381.305(a). access to the Internet, you may view the interstate or intrastate commerce to support Daimler field tests designed to VII. Terms and Conditions for the docket online by visiting the Docket Exemption Management Facility in Room W12–140 meet future vehicle safety and on the ground floor of the DOT West environmental requirements and to FMCSA grants Daimler and Martin Building, 1200 New Jersey Avenue SE., develop improved safety and emission Zeilinger an exemption from the CDL Washington, DC 20590, between 9 a.m. technologies. According to Daimler, Mr. requirement in 49 CFR 383.23 to allow and 5 p.m., e.t., Monday through Friday, Zeilinger will typically drive for no Mr. Zeilinger to drive CMVs in this except Federal holidays. more than 6 hours per day for 2 country without a U.S. State-issued consecutive days, and 10 percent of the CDL, subject to the following terms and II. Legal Basis test driving will be on two-lane State conditions: (1) The driver and carrier FMCSA has authority under 49 U.S.C. highways, while 90 percent will be on must comply with all other applicable 31136(e) and 31315 to grant exemptions interstate highways. The driving will provisions of the FMCSRs (49 CFR parts from the Federal Motor Carrier Safety consist of no more than 200 miles per 350–399); (2) the driver must be in Regulations. FMCSA must publish a day, for a total of 400 miles during a possession of the exemption document notice of each exemption request in the two-day period on a quarterly basis. He and a valid German commercial license; Federal Register (49 CFR 381.315(a)). will in all cases be accompanied by a (3) the driver must be employed by and The Agency must provide the public an holder of a U.S. CDL who is familiar operate the CMV within the scope of his opportunity to inspect the information with the routes to be traveled. Daimler duties for Daimler; (4) at all times while relevant to the application, including requests that the exemption cover the operating a CMV under this exemption, any safety analyses that have been maximum allowable duration of 5 years. the driver must be accompanied by a mstockstill on DSK30JT082PROD with NOTICES conducted. The Agency must also Daimler has explained in prior holder of a U.S. CDL who is familiar provide an opportunity for public exemption requests that the German with the routes traveled; (5) Daimler comment on the request. knowledge and skills tests and training must notify FMCSA in writing within 5 The Agency reviews the safety program ensure that Daimler’s drivers business days of any accident, as analyses and the public comments, and operating under the exemption will defined in 49 CFR 390.5, involving this determines whether granting the achieve a level of safety that is driver; and (6) Daimler must notify exemption would likely achieve a level equivalent to, or greater than, the level FMCSA in writing if this driver is VerDate Sep<11>2014 20:52 Jun 05, 2017 Jkt 241001 PO 00000 Frm 00180 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1

26222 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices convicted of a disqualifying offense stated in the discussions below. Programs Division, 202–366–4001, under § 383.51 or § 391.15 of the Comments must be received on or fmcsamedical@dot.gov, FMCSA, FMCSRs. before July 6, 2017. Department of Transportation, 1200 In accordance with 49 U.S.C. 31315 ADDRESSES: You may submit comments New Jersey Avenue SE., Room W64– and 31136(e), the exemption will be bearing the Federal Docket Management 113, Washington, DC 20590–0001. valid for 5 years unless revoked earlier System (FDMS) numbers: Docket No. Office hours are from 8 a.m. to 5:30 by the FMCSA. The exemption will be FMCSA–2007–27387; FMCSA–2008– p.m., e.t., Monday through Friday, revoked if: (1) Mr. Zeilinger fails to 0137; FMCSA–2009–0122; FMCSA– except Federal holidays. comply with the terms and conditions 2011–0143; FMCSA–2013–0018; SUPPLEMENTARY INFORMATION: of the exemption; (2) the exemption FMCSA–2015–0060; FMCSA–2015– results in a lower level of safety than I. Background 0061 using any of the following was maintained before it was granted; or methods: Under 49 U.S.C. 31136(e) and 31315, (3) continuation of the exemption would • Federal eRulemaking Portal: Go to FMCSA may renew an exemption from be inconsistent with the goals and http://www.regulations.gov. Follow the the Federal Motor Carrier Safety objectives of 49 U.S.C. 31315 and 31136. on-line instructions for submitting Regulations 2-year period if it finds comments. ‘‘such exemption would likely achieve a VIII. Preemption • Mail: Docket Management Facility; level of safety that is equivalent to or In accordance with 49 U.S.C. U.S. Department of Transportation, 1200 greater than the level that would be 31315(d), as implemented by 49 CFR New Jersey Avenue SE., West Building achieved absent such exemption.’’ The 381.600, during the period this Ground Floor, Room W12–140, statute also allows the Agency to renew exemption is in effect, no State shall Washington, DC 20590–0001. exemptions at the end of the 2-year enforce any law or regulation applicable • Hand Delivery or Courier: West period. The 134 individuals listed in to interstate or intrastate commerce that Building Ground Floor, Room W12–140, this notice have recently become conflicts with or is inconsistent with 1200 New Jersey Avenue SE., eligible for a renewed exemption from this exemption with respect to a firm or Washington, DC, between 9 a.m. and 5 the diabetes prohibition in 49 CFR person operating under the exemption. p.m., e.t., Monday through Friday, 391.41(b)(3), which applies to drivers of Issued on: May 26, 2017. except Federal Holidays. CMVs in interstate commerce. The • Fax: 1–202–493–2251. drivers remain in good standing with Daphne Y. Jefferson, Instructions: Each submission must the Agency, have maintained their Deputy Administrator. include the Agency name and the required medical monitoring and have [FR Doc. 2017–11647 Filed 6–5–17; 8:45 am] docket number for this notice. Note that not exhibited any medical issues that BILLING CODE 4910–EX–P DOT posts all comments received would compromise their ability to safely without change to http:// operate a CMV during the previous 2- www.regulations.gov, including any year exemption period. DEPARTMENT OF TRANSPORTATION personal information included in a comment. Please see the Privacy Act II. Exemption Decision Federal Motor Carrier Safety heading below. This notice addresses 134 individuals Administration Docket: For access to the docket to who have requested renewal of their [Docket No. FMCSA–2007–27387; FMCSA– read background documents or exemptions in accordance with FMCSA 2008–0137; FMCSA–2009–0122; FMCSA– comments, go to http:// procedures. These 134 drivers remain in 2011–0143; FMCSA–2013–0018; FMCSA– www.regulations.gov at any time or good standing with the Agency, have 2015–0060; FMCSA–2015–0061] Room W12–140 on the ground level of maintained their required medical the West Building, 1200 New Jersey monitoring and have not exhibited any Qualification of Drivers; Exemption Avenue, SE., Washington, DC, between medical issues that would compromise Applications; Diabetes 9 a.m. and 5 p.m., e.t., Monday through their ability to safely operate a CMV AGENCY: Federal Motor Carrier Safety Friday, except Federal holidays. The during the previous 2-year exemption Administration (FMCSA), DOT. Federal Docket Management System period. Therefore, FMCSA has decided ACTION: Notice of renewal of (FDMS) is available 24 hours each day, to extend each exemption for a exemptions; request for comments. 365 days each year. If you want renewable two-year period. Each acknowledgment that we received your individual is identified according to the SUMMARY: FMCSA announces its comments, please include a self- renewal date. decision to renew the exemptions of 134 addressed, stamped envelope or The exemptions are renewed subject individuals from its rule prohibiting postcard or print the acknowledgement to the following conditions: (1) That persons with insulin-treated diabetes page that appears after submitting each individual submit a quarterly mellitus (ITDM) from operating comments on-line. monitoring checklist completed by the commercial motor vehicles (CMVs) in Privacy Act: Anyone may search the treating endocrinologist as well as an interstate commerce. FMCSA has electronic form of all comments annual checklist with a comprehensive statutory authority to exempt received into any of our dockets by the medical evaluation; (2) that each individuals from this rule if the name of the individual submitting the individual reports within 2 business exemptions granted will not comment (or of the person signing the days of occurrence, all episodes of compromise safety. The Agency has comment, if submitted on behalf of an severe hypoglycemia, significant concluded that granting these association, business, labor union, etc.). complications, or inability to manage mstockstill on DSK30JT082PROD with NOTICES exemption renewals will provide a level You may review DOT’s Privacy Act diabetes; also, any involvement in an of safety that is equivalent to or greater Statement for the Federal Docket accident or any other adverse event in than the level of safety maintained Management System (FDMS) published a CMV or personal vehicle, whether or without the exemptions for these CMV in the Federal Register on January 17, not it is related to an episode of drivers. 2008 (73 FR 3316). hypoglycemia; (3) that each individual DATES: Each group of renewed FOR FURTHER INFORMATION CONTACT: Ms. submit an annual ophthalmologist’s or exemptions are effective from the dates Christine A. Hydock, Chief, Medical optometrist’s report; and (4) that each VerDate Sep<11>2014 20:52 Jun 05, 2017 Jkt 241001 PO 00000 Frm 00181 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1


Document Created: 2017-06-06 06:20:50
Document Modified: 2017-06-06 06:20:50
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 June 6, 2017 and expires June 6, 2022.
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 26220 
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