82 FR 39151 - 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 158 (August 17, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 158 (August 17, 2017)
| Page Range | 39151-39152 | |
| FR Document | 2017-17393 |
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)] [Notices] [Pages 39151-39152] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17393] ======================================================================= ----------------------------------------------------------------------- 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. Philipp Helbing, a project engineer for the Daimler Trucks and Bus Division. Mr. Helbing 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 applicable August 17, 2017 and expires August 17, 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. Philipp Helbing, 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. Helbing is [[Page 39152]] 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. Helbing 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. Helbing needs to drive Daimler vehicles on public roads to better understand ``real world'' environments in the U.S. market. According to Daimler, Mr. Helbing will typically drive for no more than 6 hours per day for 2 consecutive days, and that 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. Helbing 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. Helbing 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. Helbing 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 May 15, 2017, FMCSA published notice of this application and requested public comments (82 FR 22378). No comments were submitted. VI. FMCSA Decision Based upon the merits of this application, including Mr. Helbing'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 Philipp Helbing an exemption from the CDL requirement in 49 CFR 383.23 to allow Mr. Helbing 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. Helbing 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: August 5, 2017. Daphne Y. Jefferson, Deputy Administrator. [FR Doc. 2017-17393 Filed 8-16-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 39151
aliases as a foreign terrorist organization DEPARTMENT OF TRANSPORTATION Email: MCPSD@dot.gov. If you have
pursuant to section 219 of the INA. questions on viewing or submitting
Federal Motor Carrier Safety material to the docket, contact Docket
This determination shall be published
Administration Services, telephone (202) 366–9826.
in the Federal Register.
[Docket No. FMCSA–2012–0032] SUPPLEMENTARY INFORMATION:
Rex W. Tillerson,
I. Public Participation
Secretary of State. Commercial Driver’s License
[FR Doc. 2017–17024 Filed 8–16–17; 8:45 am] Standards: Application for Exemption; Viewing Comments and Documents
BILLING CODE 4710–AD–P
Daimler Trucks North America To view comments, as well as
(Daimler) documents mentioned in this preamble
AGENCY: Federal Motor Carrier Safety as being available in the docket, go to
DEPARTMENT OF STATE Administration (FMCSA), DOT. www.regulations.gov and insert the
ACTION: Notice of final disposition; grant docket number, ‘‘FMCSA–2012–0032 in
[Public Notice: 10085] of application for exemption. the ‘‘Keyword’’ box and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
E.O. 13224 Designation of Hizbul SUMMARY: FMCSA announces its button and choose the document to
Mujahideen, aka Hizb-ul-Mujahideen, decision to grant an exemption to review. If you do not have access to the
aka HM as a Specially Designated Daimler Trucks North America Internet, you may view the docket
Global Terrorist (Daimler) for one of its commercial online by visiting the Docket
motor vehicle (CMV) drivers. Daimler Management Facility in Room W12–140
Acting under the authority of and in requested a 5-year exemption from the on the ground floor of the DOT West
accordance with section 1(b) of Federal requirement to hold a U.S. Building, 1200 New Jersey Avenue SE.,
Executive Order 13224 of September 23, commercial driver’s license (CDL) for Washington, DC 20590, between 9 a.m.
2001, as amended by Executive Order Mr. Philipp Helbing, a project engineer and 5 p.m., e.t., Monday through Friday,
13268 of July 2, 2002, and Executive for the Daimler Trucks and Bus except Federal holidays.
Order 13284 of January 23, 2003, I Division. Mr. Helbing holds a valid
II. Legal Basis
hereby determine that the person known German commercial license and wants
as of Hizbul Mujahideen, also known as to test-drive Daimler vehicles on U.S. FMCSA has authority under 49 U.S.C.
roads to better understand product 31136(e) and 31315 to grant exemptions
Hizb-ul-Mujahideen, also known as HM,
requirements for these systems in ‘‘real from the Federal Motor Carrier Safety
committed, or poses a significant risk of
world’’ environments, and verify Regulations. FMCSA must publish a
committing, acts of terrorism that
results. Daimler believes the notice of each exemption request in the
threaten the security of U.S. nationals or Federal Register (49 CFR 381.315(a)).
the national security, foreign policy, or requirements for a German commercial
license ensure that holders of the The Agency must provide the public an
economy of the United States. opportunity to inspect the information
license will likely achieve a level of
Consistent with the determination in safety equal to or greater than that of relevant to the application, including
section 10 of Executive Order 13224 that drivers who hold a U.S. State-issued any safety analyses that have been
prior notice to persons determined to be CDL. conducted. The Agency must also
subject to the Order who might have a provide an opportunity for public
DATES: This exemption is applicable
constitutional presence in the United comment on the request.
August 17, 2017 and expires August 17, The Agency reviews the safety
States would render ineffectual the 2022.
blocking and other measures authorized analyses and the public comments, and
ADDRESSES: determines whether granting the
in the Order because of the ability to Docket: For access to the docket to
transfer funds instantaneously, I exemption would likely achieve a level
read background documents or of safety equivalent to, or greater than,
determine that no prior notice needs to comments, go to www.regulations.gov at
be provided to any person subject to this the level that would be achieved by the
any time or visit Room W12–140 on the current regulation (49 CFR 381.305).
determination who might have a ground level of the West Building, 1200 The decision of the Agency must be
constitutional presence in the United New Jersey Avenue SE., Washington, published in the Federal Register (49
States, because to do so would render DC, between 9 a.m. and 5 p.m., ET, CFR 381.315(b)) with the reason for the
ineffectual the measures authorized in Monday through Friday, except Federal grant or denial, and, if granted, the
the Order. holidays. The on-line FDMS is available specific person or class of persons
This notice shall be published in the 24 hours each day, 365 days each year. receiving the exemption, and the
Federal Register. Privacy Act: In accordance with 5 regulatory provision or provisions from
U.S.C. 553(c), DOT solicits comments which exemption is granted. The notice
Rex Tillerson, from the public to better inform its must also specify the effective period of
Secretary of State. rulemaking process. DOT posts these the exemption (up to 5 years), and
[FR Doc. 2017–17026 Filed 8–16–17; 8:45 am] comments, without edit, including any explain the terms and conditions of the
BILLING CODE 4710–AD–P
personal information the commenter exemption. The exemption may be
provides, to www.regulations.gov, as renewed (49 CFR 381.300(b)).
described in the system of records
sradovich on DSK3GMQ082PROD with NOTICES
notice (DOT/ALL–14 FDMS), which can Request for Exemption
be reviewed at www.dot.gov/privacy. On behalf of Mr. Philipp Helbing,
FOR FURTHER INFORMATION CONTACT: Mr. Daimler has applied for a 5-year
Thomas Yager, Chief, FMCSA Driver exemption from 49 CFR 383.23, which
and Carrier Operations Division; Office prescribes licensing requirements for
of Carrier, Driver and Vehicle Safety drivers operating CMVs in interstate or
Standards; Telephone: 614–942–6477. intrastate commerce. Mr. Helbing is
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![39152 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices
unable to obtain a CDL in any of the extensive driving experience and safety DEPARTMENT OF TRANSPORTATION
States due to his lack of residency in the record, FMCSA has concluded that the
United States. A copy of the application exemption would likely achieve a level Federal Motor Carrier Safety
is in Docket No. FMCSA–2012–0032. of safety that is equivalent to or greater Administration
The exemption would allow Mr. than the level that would be achieved [Docket No. FMCSA–2012–0032]
Helbing to operate CMVs in interstate or absent such exemption, in accordance
intrastate commerce to support Daimler with § 381.305(a). Commercial Driver’s License
field tests designed to meet future Standards: Application for Renewal of
vehicle safety and environmental VII. Terms and Conditions for the Exemption; Daimler Trucks North
requirements and to develop improved Exemption America (Daimler)
safety and emission technologies. Mr.
Helbing needs to drive Daimler vehicles FMCSA grants Daimler and Philipp AGENCY: Federal Motor Carrier Safety
on public roads to better understand Helbing an exemption from the CDL Administration (FMCSA), DOT.
‘‘real world’’ environments in the U.S. requirement in 49 CFR 383.23 to allow ACTION: Notice of final disposition;
market. According to Daimler, Mr. Mr. Helbing to drive CMVs in this granting of application for renewal of
Helbing will typically drive for no more country without a U.S. State-issued exemption.
than 6 hours per day for 2 consecutive CDL, subject to the following terms and
conditions: (1) The driver and carrier SUMMARY: FMCSA announces its
days, and that 10 percent of the test
must comply with all other applicable decision to grant Daimler Trucks North
driving will be on two-lane State
provisions of the FMCSRs (49 CFR parts America’s (Daimler) application for
highways, while 90 percent will be on
350–399); (2) the driver must be in renewal of an exemption from the
Interstate highways. The driving will
possession of the exemption document requirement for a commercial driver’s
consist of no more than 200 miles per
and a valid German commercial license; license (CDL) for one of its commercial
day, for a total of 400 miles during a
(3) the driver must be employed by and motor vehicle (CMV) drivers, Sven
two-day period on a quarterly basis. He
operate the CMV within the scope of his Ennerst. Mr. Ennerst has operated safely
will in all cases be accompanied by a
under this exemption since July 22,
holder of a U.S. CDL who is familiar duties for Daimler; (4) at all times while
2014. The renewal allows Mr. Ennerst,
with the routes to be traveled. operating a CMV under this exemption,
Mr. Helbing would be required to a Daimler engineering executive who
the driver must be accompanied by a
comply with all applicable Federal holds a German commercial license, to
holder of a U.S. CDL who is familiar
Motor Carrier Safety Regulations continue to test-drive Daimler CMVs on
with the routes traveled; (5) Daimler
(FMCSRs) (49 CFR parts 350–399) U.S. roads to improve Daimler’s
must notify FMCSA in writing within 5 understanding of product requirements
except the CDL provisions described in business days of any accident, as
this notice. in ‘‘real world’’ environments. FMCSA
defined in 49 CFR 390.5, involving this has concluded that this exemption
Mr. Helbing holds a valid German driver; and (6) Daimler must notify
commercial license, and as explained by would likely achieve a level of safety
FMCSA in writing if this driver is that is equivalent to or greater than the
Daimler in its exemption request, the convicted of a disqualifying offense
requirements for that license ensure that level that would be achieved if Mr.
under § 383.51 or § 391.15 of the Ennerst were required to obtain a U.S.
the same level of safety is met or FMCSRs.
exceeded as if this driver had a U.S. CDL.
CDL. Furthermore, according to In accordance with 49 U.S.C. 31315 DATES: This exemption is renewed
Daimler, Mr. Helbing is familiar with and 31136(e), the exemption will be effective July 22, 2017 and will expire
the operation of CMVs worldwide. valid for 5 years unless revoked earlier July 22, 2022.
by the FMCSA. The exemption will be FOR FURTHER INFORMATION CONTACT: Mr.
IV. Method To Ensure an Equivalent or revoked if: (1) Mr. Helbing fails to Thomas Yager, Chief, FMCSA Driver
Greater Level of Safety comply with the terms and conditions and Carrier Operations Division; Office
FMCSA has previously determined of the exemption; (2) the exemption of Carrier, Driver and Vehicle Safety
that the process for obtaining a German results in a lower level of safety than Standards; Telephone: 614–942–6477.
commercial license is comparable to, or was maintained before it was granted; or Email: MCPSD@dot.gov. If you have
as effective as, the requirements of part (3) continuation of the exemption would questions on viewing or submitting
383, and adequately assesses the be inconsistent with the goals and material to the docket, contact Docket
driver’s ability to operate CMVs in the objectives of 49 U.S.C. 31315 and 31136. Services, telephone (202) 366–9826.
U.S. Since 2012, FMCSA has granted SUPPLEMENTARY INFORMATION:
Daimler drivers similar exemptions VIII. Preemption
[May 25, 2012 (77 FR 31422); July 22, I. Public Participation
In accordance with 49 U.S.C.
2014 (79 FR 42626); March 27, 2015 (80 Viewing Comments and Documents
31315(d), as implemented by 49 CFR
FR 16511); October 5, 2015 (80 FR
381.600, during the period this To view comments, as well as
60220); December 7, 2015 (80 FR
exemption is in effect, no State shall documents mentioned in this preamble
76059); December 21, 2015 (80 FR
enforce any law or regulation applicable as being available in the docket, go to
79410)].
to interstate or intrastate commerce that www.regulations.gov and insert the
V. Public Comments conflicts with or is inconsistent with docket number, ‘‘FMCSA–2012–0032 in
this exemption with respect to a firm or the ‘‘Keyword’’ box and click ‘‘Search.’’
sradovich on DSK3GMQ082PROD with NOTICES
On May 15, 2017, FMCSA published
notice of this application and requested person operating under the exemption. Next, click the ‘‘Open Docket Folder’’
public comments (82 FR 22378). No Issued on: August 5, 2017. button and choose the document to
comments were submitted. review. If you do not have access to the
Daphne Y. Jefferson,
Internet, you may view the docket
VI. FMCSA Decision Deputy Administrator. online by visiting the Docket
Based upon the merits of this [FR Doc. 2017–17393 Filed 8–16–17; 8:45 am] Management Facility in Room W12–140
application, including Mr. Helbing’s BILLING CODE 4910–EX–P on the ground floor of the DOT West
VerDate Sep<11>2014 19:44 Aug 16, 2017 Jkt 241001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1](https://thefederalregister.org/doc/82_FR_39309/page/2.svg)
Document Created: 2017-08-17 01:42:42
Document Modified: 2017-08-17 01:42:42
| 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 applicable August 17, 2017 and expires August 17, 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 39151 |
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