83 FR 17886 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range		17886-17888
FR Document		2018-08505

FMCSA announces that Daimler Trucks North America (Daimler) has requested an exemption for one commercial motor vehicle (CMV) driver from the Federal requirement to hold a U.S. commercial driver's license (CDL). Daimler requests an exemption for Mr. Christopher Veber, Lead Engineer in Vehicle Predictive Technology for Daimler. Mr. Veber holds a valid German commercial license and wants to test drive Daimler vehicles on U.S. roads to better understand product requirements in ``real world'' environments, and verify results. Daimler believes the requirements for a German commercial license ensure that operation under the exemption will likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption.

Federal Register, Volume 83 Issue 79 (Tuesday, April 24, 2018)

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17886-17888]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08505]


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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 application for exemption; request for comments.

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SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) 
has requested an exemption for one commercial motor vehicle (CMV) 
driver from the Federal

[[Page 17887]]

requirement to hold a U.S. commercial driver's license (CDL). Daimler 
requests an exemption for Mr. Christopher Veber, Lead Engineer in 
Vehicle Predictive Technology for Daimler. Mr. Veber holds a valid 
German commercial license and wants to test drive Daimler vehicles on 
U.S. roads to better understand product requirements in ``real world'' 
environments, and verify results. Daimler believes the requirements for 
a German commercial license ensure that operation under the exemption 
will likely achieve a level of safety equivalent to or greater than the 
level that would be obtained in the absence of the exemption.

DATES: Comments must be received on or before May 24, 2018

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2012-0032 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at 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: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4225. Email: MCPSD@dot.gov. 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. Request for Exemption

    Daimler has applied for an exemption for Christopher Veber from 49 
CFR 383.23, which prescribes licensing requirements for drivers 
operating CMVs in interstate or intrastate commerce. Mr. Veber is 
unable to obtain a CDL in any of the U.S. 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. Veber to operate CMVs in interstate 
or intrastate commerce to support Daimler field tests designed to meet 
future vehicle safety and environmental requirements and to promote 
technological advancements in vehicle safety systems and emissions 
reductions. Mr. Veber needs to drive Daimler vehicles on public roads 
to better understand ``real world'' environments in the U.S. market. 
According to Daimler, Mr. Veber 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. Veber 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. Veber is 
familiar with the operation of CMVs worldwide. Daimler

[[Page 17888]]

requests that the exemption cover the maximum allowable duration of 5 
years.

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); 
August 17, 2017 (82 FR 39151)].

    Issued on: April 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08505 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

17886 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices

Management and Budget (OMB) for its ‘‘help’’ section of the Federal Title: Marking of Self-Propelled CMVs
review and approval, and invites public eRulemaking Portal website. If you want and Intermodal Equipment
comment. This ICR will enable FMCSA us to notify you that we received your OMB Control Number: 2126–0054.
to document the burden associated with comments, please include a self- Type of Request: Renewal of a
the marking regulations codified in 49 addressed, stamped envelope or currently approved collection.
CFR 390.21, ‘‘Marking of Self-Propelled postcard, or print the acknowledgement Respondents: Freight carrying
CMVs and Intermodal Equipment.’’ page that appears after submitting commercial motor carriers, Passenger
These regulations require marking of comments online. Comments received carrying commercial motor carriers,
vehicles and intermodal equipment by after the comment closing date will be freight forwarders and intermodal
motor carriers, freight forwarders and included in the docket and will be equipment providers.
intermodal equipment providers (IEPs) considered to the extent practicable. Estimated Number of Respondents:
engaging in interstate transportation. 218,389 motor carriers and Intermodal
FOR FURTHER INFORMATION CONTACT: equipment providers (IEPs).
DATES: We must receive your comments Crystal Frederick, Compliance Division, Estimated Time per Response: 26
on or before June 25, 2018. Department of Transportation, Federal minutes [12 minutes to affix DOT
ADDRESSES: You may submit comments Motor Carrier Safety Administration, Number + 14 minutes for affixing a
identified by Federal Docket West Building 6th Floor, 1200 New carrier’s name = 26].
Management System (FDMS) Docket Jersey Avenue SE, Washington, DC Expiration Date: August 31, 2018.
Number FMCSA–2018–0091 using any 20590. Telephone: 202–366–2904; Frequency of Response: On occasion.
of the following methods: email: Crystal.Frederick@dot.gov. Estimated Total Annual Burden:
• Federal eRulemaking Portal: http:// 774,249 hours spent by motor carriers
SUPPLEMENTARY INFORMATION:
www.regulations.gov. Follow the online and IEPs marking CMVs with a DOT
instructions for submitting comments. Background: The Secretary of
number and carrier information.
• Fax: 1–202–493–2251. Transportation (Secretary) is authorized Public Comments Invited: You are
• Mail: Docket Operations; U.S. to require marking of vehicles and asked to comment on any aspect of this
Department of Transportation, 1200 intermodal equipment by motor carriers, information collection, including: (1)
New Jersey Avenue SE, West Building, freight forwarders and intermodal Whether the proposed collection is
Ground Floor, Room W12–140, equipment providers (IEPs) engaging in necessary for the performance of
Washington, DC 20590–0001. interstate transportation based on the FMCSA’s functions; (2) the accuracy of
• Hand Delivery or Courier: U.S. authority of 49 U.S.C. 31133(a)(8) and the estimated burden; (3) ways for
Department of Transportation, 1200 31133(a)(10). The Secretary has FMCSA to enhance the quality,
New Jersey Avenue SE, West Building, delegated authority pertaining to the usefulness, and clarity of the collected
Ground Floor, Room W12–140, marking of commercial motor vehicles information; and (4) ways that the
Washington, DC, 20590–0001 between 9 (CMVs) pursuant to 49 CFR 1.87(f). The burden could be minimized without
a.m. and 5 p.m. e.t., Monday through Agency’s regulation governing the reducing the quality of the collected
Friday, except Federal holidays. marking of CMVs is codified at 49 CFR information. The agency will summarize
Instructions: All submissions must 390.21. or include your comments in the request
include the Agency name and docket Vehicle marking requirements are for OMB’s clearance of this information
number. For detailed instructions on intended to ensure that FMCSA, the collection.
submitting comments and additional National Transportation Safety Board
Issued under the authority of 49 CFR 1.87
information, see the Public Participation (NTSB), and State safety officials are
on: April 18, 2018.
heading below. Note that all comments able to identify motor carriers and
Kelly Regal,
received will be posted without change correctly assign responsibility for
to http://www.regulations.gov, including regulatory violations during inspections, Associate Administrator for Office of
Research and Information Technology.
any personal information provided. investigations, compliance reviews, and
crash studies. These marking [FR Doc. 2018–08527 Filed 4–23–18; 8:45 am]
Please see the Privacy Act heading
below. requirements will also provide the BILLING CODE 4910–EX–P

Docket: For access to the docket to public with beneficial information that
read background documents or could assist in identifying carriers for
comments received, go to http:// the purposes of commerce, complaints DEPARTMENT OF TRANSPORTATION
www.regulations.gov, and follow the or emergency notification. The marking Federal Motor Carrier Safety
online instructions for accessing the requirements apply to motor carriers, Administration
dockets, or go to the street address listed freight forwarders and intermodal
above. equipment providers (IEPs) engaging in [Docket No. FMCSA–2012–0032]
Privacy Act: In accordance with 5 interstate transportation. The Agency
U.S.C. 553(c), DOT solicits comments does not require a specific method of Commercial Driver’s License
from the public to better inform its marking as long as the marking Standards: Application for Exemption;
rulemaking process. DOT posts these complies with FMCSA’s regulations. Daimler Trucks North America
comments, without edit, including any The program change decrease of 76,751 (Daimler)
personal information the commenter estimated annual burden hours (774,249 AGENCY: Federal Motor Carrier Safety
provides, to www.regulations.gov, as proposed estimated annual burden Administration (FMCSA), DOT.
described in the system of records hours—851,000 approved estimated ACTION: Notice of application for
daltland on DSKBBV9HB2PROD with NOTICES

notice (DOT/ALL–14 FDMS), which can annual burden hours) is due to exemption; request for comments.
be reviewed at www.dot.gov/privacy. adjustments in respondent and response
Public Participation: The Federal estimates, as well as the removal of SUMMARY: FMCSA announces that
eRulemaking Portal is available 24 initial marking burden from the Daimler Trucks North America
hours each day, 365 days each year. You adoption of the ‘‘Lease and Interchange (Daimler) has requested an exemption
can obtain electronic submission and of Vehicles; Motor Carriers of for one commercial motor vehicle
retrieval help and guidelines under the Passengers’’ final rule. (CMV) driver from the Federal

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17888 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices

requests that the exemption cover the I. Electronic Access program eligibility criteria and an
maximum allowable duration of 5 years. You may see all the comments online individualized assessment of
through the Federal Document information submitted by each
IV. Method To Ensure an Equivalent or
Management System (FDMS) at: http:// applicant. The qualifications,
Greater Level of Safety
www.regulations.gov. experience, and medical condition of
FMCSA has previously determined Docket: For access to the docket to each applicant were stated and
that the process for obtaining a German read background documents or discussed in detail in the February 14,
commercial license is comparable to, or comments, go to http:// 2018, Federal Register notice (83 FR
as effective as, the requirements of part www.regulations.gov and/or Room 6674) and will not be repeated in this
383, and adequately assesses the W12–140 on the ground level of the notice.
driver’s ability to operate CMVs in the West Building, 1200 New Jersey Avenue These 43 applicants have had ITDM
U.S. Since 2012, FMCSA has granted SE, Washington, DC, between 9 a.m. and over a range of 1 to 43 years. These
Daimler drivers similar exemptions 5 p.m., e.t., Monday through Friday, applicants report no severe
[May 25, 2012 (77 FR 31422); July 22, except Federal holidays. hypoglycemic reactions resulting in loss
2014 (79 FR 42626); March 27, 2015 (80 Privacy Act: In accordance with 5 of consciousness or seizure, requiring
FR 16511); October 5, 2015 (80 FR U.S.C. 553(c), DOT solicits comments the assistance of another person, or
60220); July 12, 2016 (81 FR 45217); from the public to better inform its resulting in impaired cognitive function
July 25, 2016 (81 FR 48496); August 17, rulemaking process. DOT posts these that occurred without warning
2017 (82 FR 39151)]. comments, without edit, including any symptoms, in the past 12 months and no
personal information the commenter recurrent (two or more) severe
Issued on: April 17, 2018.
provides, to http://www.regulations.gov, hypoglycemic episodes in the past five
Larry W. Minor, years. In each case, an endocrinologist
as described in the system of records
Associate Administrator for Policy. verified that the driver has
notice (DOT/ALL–14 FDMS), which can
[FR Doc. 2018–08505 Filed 4–23–18; 8:45 am]
be reviewed at http://www.dot.gov/ demonstrated a willingness to properly
BILLING CODE 4910–EX–P
privacy. monitor and manage his/her diabetes
mellitus, received education related to
II. Background diabetes management, and is on a stable
DEPARTMENT OF TRANSPORTATION On February 14, 2018, FMCSA insulin regimen. These drivers report no
published a notice announcing receipt other disqualifying conditions,
Federal Motor Carrier Safety including diabetes related
of applications from 43 individuals
Administration complications. Each meets the vision
requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and requirement at 49 CFR 391.41(b)(10).
[FMCSA Docket No. FMCSA–2018–0022] requested comments from the public (83 Consequently, FMCSA finds that in
FR 6674). The public comment period each case exempting these applicants
Qualification of Drivers; Exemption ended on March 16, 2017, and no from the diabetes requirement in 49 CFR
Applications; Diabetes Mellitus comments were received. 391.41(b)(3) is likely to achieve a level
FMCSA has evaluated the eligibility of safety equal to that existing without
AGENCY: Federal Motor Carrier Safety the exemption.
Administration (FMCSA), DOT. of these applicants and determined that
granting the exemptions to these V. Conditions and Requirements
ACTION: Notice of final disposition. individuals would achieve a level of
The terms and conditions of the
safety equivalent to or greater than the
SUMMARY: FMCSA announces its exemption are provided to the
level that would be achieved by
decision to exempt 43 individuals from applicants in the exemption document
complying with the current regulation
the prohibition in the Federal Motor and includes the following: (1) Each
49 CFR 391.41(b)(3).
Carrier Safety Regulations (FMCSRs) The physical qualification standard driver must submit a quarterly
against persons with insulin-treated for drivers regarding diabetes found in monitoring checklist completed by the
diabetes mellitus (ITDM) from operating treating endocrinologist as well as an
49 CFR 391.41(b)(3) states that a person
a commercial motor vehicle (CMV) in annual checklist with a comprehensive
is physically qualified to drive a CMV
interstate commerce. The exemptions medical evaluation; (2) each driver must
if that person has no established
enable these individuals with ITDM to report within two business days of
medical history or clinical diagnosis of
operate CMVs in interstate commerce. occurrence, all episodes of severe
diabetes mellitus currently requiring
DATES: The exemptions were applicable
hypoglycemia, significant
insulin for control.
on March 17, 2018. The exemptions complications, or inability to manage
expire on March 17, 2020. III. Discussion of Comments diabetes; also, any involvement in an
FMCSA received no comments in this accident or any other adverse event in
FOR FURTHER INFORMATION CONTACT: Ms. a CMV or personal vehicle, whether or
Christine A. Hydock, Chief, Medical proceeding.
not it is related to an episode of
Programs Division, (202) 366–4001, IV. Basis for Exemption Determination hypoglycemia; (3) each driver must
fmcsamedical@dot.gov, FMCSA, Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s
Department of Transportation, 1200 FMCSA may grant an exemption from or optometrist’s report to the Medical
New Jersey Avenue SE, Room W64–224, the diabetes standard in 49 CFR Examiner at the time of the annual
Washington, DC 20590–0001. Office 391.41(b)(3) if the exemption is likely to medical examination; and (4) each
daltland on DSKBBV9HB2PROD with NOTICES

hours are from 8:30 a.m. to 5 p.m., e.t., achieve an equivalent or greater level of driver must provide a copy of the
Monday through Friday, except Federal safety than would be achieved without annual medical certification to the
holidays. If you have questions the exemption. The exemption allows employer for retention in the driver’s
regarding viewing or submitting the applicants to operate CMVs in qualification file, or keeping a copy in
material to the docket, contact Docket interstate commerce. his/her driver’s qualification file if he/
Services, telephone (202) 366–9826. The Agency’s decision regarding these she is self-employed. The driver must
SUPPLEMENTARY INFORMATION: exemption applications is based on the also have a copy of the exemption when

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Document Created: 2018-04-24 00:39:48
Document Modified: 2018-04-24 00:39:48

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 application for exemption; request for comments.
Dates		Comments must be received on or before May 24, 2018
Contact		Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4225. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		83 FR 17886

83 FR 17886 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration