83_FR_45917 83 FR 45742 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

83 FR 45742 - 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 175 (September 10, 2018)

Page Range45742-45744
FR Document2018-19636

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. Christophe 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 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 83 Issue 175 (Monday, September 10, 2018)
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45742-45744]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19636]


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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.

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

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. 
Christophe Veber, Lead Engineer in Vehicle Predictive Technology for

[[Page 45743]]

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 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 September 10, 2018 and expires 
September 11, 2023.

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: 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

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 applicability 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. Christophe Veber, 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. 
Veber 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. 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 develop 
improved safety and emission technologies. 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 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. 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.

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)].

V. Public Comments

    On April 24, 2018, FMCSA published notice of this application and 
requested public comments (82 FR 17886). No comments were submitted.

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. Veber'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 Christophe Veber an exemption from the CDL 
requirement in 49 CFR 383.23 to allow Mr. Veber 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

[[Page 45744]]

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. Veber 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 30, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-19636 Filed 9-7-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                               45742                     Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices

                                               severe hypoglycemic reactions resulting                 Gene A. Vieira                                           To submit your comment online, go to
                                               in loss of consciousness, requiring the                   Mr. Vieira, 33, has had ITDM since                  http://www.regulations.gov and in the
                                               assistance of another person, or                                                                              search box insert the docket number
                                                                                                       2003. His endocrinologist examined him
                                               resulting in impaired cognitive function                                                                      FMCSA–2018–0203 and click the search
                                                                                                       in 2018 and certified that he has had no
                                               that occurred without warning in the                                                                          button. When the new screen appears,
                                                                                                       severe hypoglycemic reactions resulting
                                               past 12 months and no recurrent (two or                                                                       click on the blue ‘‘Comment Now!’’
                                                                                                       in loss of consciousness, requiring the
                                               more) severe hypoglycemic episodes in                                                                         button on the right hand side of the
                                                                                                       assistance of another person, or
                                               the last five years. His endocrinologist                                                                      page. On the new page, enter
                                                                                                       resulting in impaired cognitive function
                                               certifies that Mr. Strong understands                                                                         information required including the
                                                                                                       that occurred without warning in the
                                               diabetes management and monitoring,                                                                           specific section of this document to
                                                                                                       past 12 months and no recurrent (two or
                                               has stable control of his diabetes using                                                                      which each comment applies, and
                                                                                                       more) severe hypoglycemic episodes in
                                                                                                                                                             provide a reason for each suggestion or
                                               insulin, and is able to drive a CMV                     the last five years. His endocrinologist              recommendation. If you submit your
                                               safely. Mr. Strong meets the                            certifies that Mr. Vieira understands                 comments by mail or hand delivery,
                                               requirements of the vision standard at                  diabetes management and monitoring,                   submit them in an unbound format, no
                                               49 CFR 391.41(b)(10). His                               has stable control of his diabetes using              larger than 81⁄2 by 11 inches, suitable for
                                               ophthalmologist examined him in 2018                    insulin, and is able to drive a CMV                   copying and electronic filing. If you
                                               and certified that he does not have                     safely. Mr. Vieira meets the                          submit comments by mail and would
                                               diabetic retinopathy. He holds a Class A                requirements of the vision standard at                like to know that they reached the
                                               CDL from Illinois.                                      49 CFR 391.41(b)(10). His optometrist                 facility, please enclose a stamped, self-
                                                                                                       examined him in 2018 and certified that               addressed postcard or envelope.
                                               Terelle E. Thomas                                       he does not have diabetic retinopathy.                   We will consider all comments and
                                                 Mr. Thomas, 24, has had ITDM since                    He holds an operator’s license from                   materials received during the comment
                                                                                                       Florida.                                              period. FMCSA may issue a final
                                               2017. His endocrinologist examined him
                                               in 2018 and certified that he has had no                Ronald Walker, Sr.                                    determination at any time after the close
                                               severe hypoglycemic reactions resulting                                                                       of the comment period.
                                                                                                         Mr. Walker, 50, has had ITDM since
                                               in loss of consciousness, requiring the                 2018. His endocrinologist examined him                V. Viewing Comments and Documents
                                               assistance of another person, or                        in 2018 and certified that he has had no                To view comments, as well as any
                                               resulting in impaired cognitive function                severe hypoglycemic reactions resulting               documents mentioned in this preamble,
                                               that occurred without warning in the                    in loss of consciousness, requiring the               go to http://www.regulations.gov and in
                                               past 12 months and no recurrent (two or                 assistance of another person, or                      the search box insert the docket number
                                               more) severe hypoglycemic episodes in                   resulting in impaired cognitive function              FMCSA–2018–0203 and click ‘‘Search.’’
                                               the last five years. His endocrinologist                that occurred without warning in the                  Next, click ‘‘Open Docket Folder’’ and
                                               certifies that Mr. Thomas understands                   past 12 months and no recurrent (two or               you will find all documents and
                                               diabetes management and monitoring,                     more) severe hypoglycemic episodes in                 comments related to this notice.
                                               has stable control of his diabetes using                the last five years. His endocrinologist                Issued on: August 30, 2018.
                                               insulin, and is able to drive a CMV                     certifies that Mr. Walker understands
                                                                                                                                                             Larry W. Minor,
                                               safely. Mr. Thomas meets the                            diabetes management and monitoring,
                                               requirements of the vision standard at                  has stable control of his diabetes using              Associate Administrator for Policy.
                                               49 CFR 391.41(b)(10). His optometrist                   insulin, and is able to drive a CMV                   [FR Doc. 2018–19627 Filed 9–7–18; 8:45 am]
                                               examined him in 2018 and certified that                 safely. Mr. Walker meets the                          BILLING CODE 4910–EX–P

                                               he does not have diabetic retinopathy.                  requirements of the vision standard at
                                               He holds an operator’s license from                     49 CFR 391.41(b)(10). His optometrist
                                                                                                       examined him in 2018 and certified that               DEPARTMENT OF TRANSPORTATION
                                               Virginia.
                                                                                                       he does not have diabetic retinopathy.                Federal Motor Carrier Safety
                                               Harvey S. Vaea                                          He holds a Class A CDL from Illinois.                 Administration
                                                 Mr. Vaea, 52, has had ITDM since                      III. Request for Comments                             [Docket No. FMCSA–2012–0032]
                                               2013. His endocrinologist examined him
                                                                                                         In accordance with 49 U.S.C. 31136(e)
                                               in 2018 and certified that he has had no                and 31315, FMCSA requests public                      Commercial Driver’s License
                                               severe hypoglycemic reactions resulting                 comment from all interested persons on                Standards: Application for Exemption;
                                               in loss of consciousness, requiring the                 the exemption petitions described in                  Daimler Trucks North America
                                               assistance of another person, or                        this notice. We will consider all                     (Daimler)
                                               resulting in impaired cognitive function                comments received before the close of                 AGENCY:  Federal Motor Carrier Safety
                                               that occurred without warning in the                    business on the closing date indicated                Administration (FMCSA), DOT.
                                               past 12 months and no recurrent (two or                 in the dates section of the notice.                   ACTION: Notice of final disposition; grant
                                               more) severe hypoglycemic episodes in
                                               the last five years. His endocrinologist                IV. Submitting Comments                               of application for exemption.
                                               certifies that Mr. Vaea understands                       You may submit your comments and                    SUMMARY:  FMCSA announces its
                                               diabetes management and monitoring,                     material online or by fax, mail, or hand              decision to grant an exemption to
                                               has stable control of his diabetes using                delivery, but please use only one of                  Daimler Trucks North America
daltland on DSKBBV9HB2PROD with NOTICES




                                               insulin, and is able to drive a CMV                     these means. FMCSA recommends that                    (Daimler) for one of its commercial
                                               safely. Mr. Vaea meets the requirements                 you include your name and a mailing                   motor vehicle (CMV) drivers. Daimler
                                               of the vision standard at 49 CFR                        address, an email address, or a phone                 requested a 5-year exemption from the
                                               391.41(b)(10). His optometrist examined                 number in the body of your document                   Federal requirement to hold a U.S.
                                               him in 2018 and certified that he does                  so that FMCSA can contact you if there                commercial driver’s license (CDL) for
                                               not have diabetic retinopathy. He holds                 are questions regarding your                          Mr. Christophe Veber, Lead Engineer in
                                               a Class A CDL from California.                          submission.                                           Vehicle Predictive Technology for


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                                                                         Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices                                             45743

                                               Daimler. Mr. Veber holds a valid                        II. Legal Basis                                       holder of a U.S. CDL who is familiar
                                               German commercial license and wants                                                                           with the routes to be traveled.
                                               to test-drive Daimler vehicles on U.S.                    FMCSA has authority under 49 U.S.C.                   Mr. Veber would be required to
                                               roads to better understand product                      31136(e) and 31315 to grant exemptions                comply with all applicable Federal
                                               requirements for these systems in ‘‘real                from the Federal Motor Carrier Safety                 Motor Carrier Safety Regulations
                                               world’’ environments, and verify                        Regulations. FMCSA must publish a                     (FMCSRs) (49 CFR parts 350–399)
                                               results. Daimler believes the                           notice of each exemption request in the               except the CDL provisions described in
                                               requirements for a German commercial                    Federal Register (49 CFR 381.315(a)).                 this notice.
                                               license ensure that holders of the                      The Agency must provide the public an                   Mr. Veber holds a valid German
                                               license will likely achieve a level of                  opportunity to inspect the information                commercial license, and as explained by
                                               safety equal to or greater than that of                 relevant to the application, including                Daimler in its exemption request, the
                                               drivers who hold a U.S. State-issued                    any safety analyses that have been                    requirements for that license ensure that
                                               CDL.                                                    conducted. The Agency must also                       the same level of safety is met or
                                                                                                       provide an opportunity for public                     exceeded as if this driver had a U.S.
                                               DATES:  This exemption is applicable                    comment on the request.                               CDL. Furthermore, according to
                                               September 10, 2018 and expires
                                                                                                         The Agency reviews the safety                       Daimler, Mr. Veber is familiar with the
                                               September 11, 2023.
                                                                                                       analyses and the public comments, and                 operation of CMVs worldwide.
                                               ADDRESSES:                                              determines whether granting the
                                                 Docket: For access to the docket to                                                                         IV. Method To Ensure an Equivalent or
                                                                                                       exemption would likely achieve a level
                                               read background documents or                                                                                  Greater Level of Safety
                                                                                                       of safety equivalent to, or greater than,
                                               comments, go to www.regulations.gov at                  the level that would be achieved by the                 FMCSA has previously determined
                                               any time or visit Room W12–140 on the                   current regulation (49 CFR 381.305).                  that the process for obtaining a German
                                               ground level of the West Building, 1200                 The decision of the Agency must be                    commercial license is comparable to, or
                                               New Jersey Avenue SE, Washington,                       published in the Federal Register (49                 as effective as, the requirements of part
                                               DC, between 9 a.m. and 5 p.m., ET,                      CFR 381.315(b)) with the reason for the               383, and adequately assesses the
                                               Monday through Friday, except Federal                   grant or denial, and, if granted, the                 driver’s ability to operate CMVs in the
                                               holidays. The on-line FDMS is available                 specific person or class of persons                   U.S. Since 2012, FMCSA has granted
                                               24 hours each day, 365 days each year.                  receiving the exemption, and the                      Daimler drivers similar exemptions
                                                  Privacy Act: In accordance with 5                    regulatory provision or provisions from               [May 25, 2012 (77 FR 31422); July 22,
                                               U.S.C. 553(c), DOT solicits comments                    which exemption is granted. The notice                2014 (79 FR 42626); March 27, 2015 (80
                                               from the public to better inform its                    must also specify the applicability                   FR 16511); October 5, 2015 (80 FR
                                               rulemaking process. DOT posts these                     period of the exemption (up to 5 years),              60220); July 12, 2016 (81 FR 45217);
                                               comments, without edit, including any                   and explain the terms and conditions of               July 25, 2016 (81 FR 48496); August 17,
                                               personal information the commenter                      the exemption. The exemption may be                   2017 (82 FR 39151)].
                                               provides, to www.regulations.gov, as                    renewed (49 CFR 381.300(b)).
                                               described in the system of records                                                                            V. Public Comments
                                               notice (DOT/ALL–14 FDMS), which can                     Request for Exemption                                   On April 24, 2018, FMCSA published
                                               be reviewed at www.dot.gov/privacy.                                                                           notice of this application and requested
                                                                                                          On behalf of Mr. Christophe Veber,
                                               FOR FURTHER INFORMATION CONTACT: Mr.                                                                          public comments (82 FR 17886). No
                                                                                                       Daimler has applied for a 5-year
                                               Thomas Yager, Chief, FMCSA Driver                                                                             comments were submitted.
                                                                                                       exemption from 49 CFR 383.23, which
                                               and Carrier Operations Division; Office                 prescribes licensing requirements for                 VI. FMCSA Decision
                                               of Carrier, Driver and Vehicle Safety                   drivers operating CMVs in interstate or
                                               Standards; Telephone: 614–942–6477.                                                                             Based upon the merits of this
                                                                                                       intrastate commerce. Mr. Veber is                     application, including Mr. Veber’s
                                               Email: MCPSD@dot.gov. If you have                       unable to obtain a CDL in any of the
                                               questions on viewing or submitting                                                                            extensive driving experience and safety
                                                                                                       States due to his lack of residency in the            record, FMCSA has concluded that the
                                               material to the docket, contact Docket                  United States. A copy of the application
                                               Services, telephone (202) 366–9826.                                                                           exemption would likely achieve a level
                                                                                                       is in Docket No. FMCSA–2012–0032.                     of safety that is equivalent to or greater
                                               SUPPLEMENTARY INFORMATION:
                                                                                                          The exemption would allow Mr.                      than the level that would be achieved
                                               I. Public Participation                                 Veber to operate CMVs in interstate or                absent such exemption, in accordance
                                                                                                       intrastate commerce to support Daimler                with § 381.305(a).
                                               Viewing Comments and Documents                          field tests designed to meet future
                                                 To view comments, as well as                          vehicle safety and environmental                      VII. Terms and Conditions for the
                                               documents mentioned in this preamble                    requirements and to develop improved                  Exemption
                                               as being available in the docket, go to                 safety and emission technologies. Mr.                   FMCSA grants Daimler and
                                               www.regulations.gov and insert the                      Veber needs to drive Daimler vehicles                 Christophe Veber an exemption from
                                               docket number, ‘‘FMCSA–2012–0032 in                     on public roads to better understand                  the CDL requirement in 49 CFR 383.23
                                               the ‘‘Keyword’’ box and click ‘‘Search.’’               ‘‘real world’’ environments in the U.S.               to allow Mr. Veber to drive CMVs in this
                                               Next, click the ‘‘Open Docket Folder’’                  market. According to Daimler, Mr.                     country without a U.S. State-issued
                                               button and choose the document to                       Veber will typically drive for no more                CDL, subject to the following terms and
                                               review. If you do not have access to the                than 6 hours per day for 2 consecutive                conditions: (1) The driver and carrier
                                               internet, you may view the docket                       days, and that 10 percent of the test                 must comply with all other applicable
daltland on DSKBBV9HB2PROD with NOTICES




                                               online by visiting the Docket                           driving will be on two-lane State                     provisions of the FMCSRs (49 CFR parts
                                               Management Facility in Room W12–140                     highways, while 90 percent will be on                 350–399); (2) the driver must be in
                                               on the ground floor of the DOT West                     Interstate highways. The driving will                 possession of the exemption document
                                               Building, 1200 New Jersey Avenue SE,                    consist of no more than 200 miles per                 and a valid German commercial license;
                                               Washington, DC 20590, between 9 a.m.                    day, for a total of 400 miles during a                (3) the driver must be employed by and
                                               and 5 p.m., e.t., Monday through Friday,                two-day period on a quarterly basis. He               operate the CMV within the scope of his
                                               except Federal holidays.                                will in all cases be accompanied by a                 duties for Daimler; (4) at all times while


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                                               45744                     Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices

                                               operating a CMV under this exemption,                   dates stated in the discussions below                 New Jersey Avenue SE, Room W64–224,
                                               the driver must be accompanied by a                     and will expire on the dates stated in                Washington, DC 20590–0001. Office
                                               holder of a U.S. CDL who is familiar                    the discussions below. Comments must                  hours are from 8:30 a.m. to 5 p.m., e.t.,
                                               with the routes traveled; (5) Daimler                   be received on or before October 10,                  Monday through Friday, except Federal
                                               must notify FMCSA in writing within 5                   2018.                                                 holidays. If you have questions
                                               business days of any accident, as                       ADDRESSES: You may submit comments
                                                                                                                                                             regarding viewing or submitting
                                               defined in 49 CFR 390.5, involving this                 bearing the Federal Docket Management                 material to the docket, contact Docket
                                               driver; and (6) Daimler must notify                     System (FDMS) Docket No. FMCSA–                       Services, telephone (202) 366–9826.
                                               FMCSA in writing if this driver is                      2012–0332; FMCSA–2014–0385 using                      SUPPLEMENTARY INFORMATION:
                                               convicted of a disqualifying offense                    any of the following methods:
                                               under § 383.51 or § 391.15 of the                                                                             I. Background
                                                                                                         • Federal eRulemaking Portal: Go to
                                               FMCSRs.                                                 http://www.regulations.gov. Follow the                   Under 49 U.S.C. 31136(e) and 31315,
                                                  In accordance with 49 U.S.C. 31315                   online instructions for submitting                    FMCSA may grant an exemption for five
                                               and 31136(e), the exemption will be                                                                           years if it finds ‘‘such exemption would
                                                                                                       comments.
                                               valid for 5 years unless revoked earlier                  • Mail: Docket Management Facility;                 likely achieve a level of safety that is
                                               by the FMCSA. The exemption will be                     U.S. Department of Transportation, 1200               equivalent to or greater than the level
                                               revoked if: (1) Mr. Veber fails to comply               New Jersey Avenue SE, West Building                   that would be achieved absent such
                                               with the terms and conditions of the                    Ground Floor, Room W12–140,                           exemption.’’ The statute also allows the
                                               exemption; (2) the exemption results in                 Washington, DC 20590–0001.                            Agency to renew exemptions at the end
                                               a lower level of safety than was                          • Hand Delivery: West Building                      of the five-year period. FMCSA grants
                                               maintained before it was granted; or (3)                Ground Floor, Room W12–140, 1200                      exemptions from the FMCSRs for a two-
                                               continuation of the exemption would be                  New Jersey Avenue SE, Washington,                     year period to align with the maximum
                                               inconsistent with the goals and                         DC, between 9 a.m. and 5 p.m., e.t.,                  duration of a driver’s medical
                                               objectives of 49 U.S.C. 31315 and 31136.                Monday through Friday, except Federal                 certification.
                                                                                                                                                                The physical qualification standard
                                               VIII. Preemption                                        Holidays.
                                                                                                         • Fax: 1–202–493–2251.                              for drivers regarding hearing found in
                                                 In accordance with 49 U.S.C.                                                                                49 CFR 391.41(b)(11) states that a
                                                                                                          Instructions: Each submission must
                                               31315(d), as implemented by 49 CFR                                                                            person is physically qualified to driver
                                                                                                       include the Agency name and the
                                               381.600, during the period this                                                                               a CMV if that person first perceives a
                                                                                                       docket number(s) for this notice. Note
                                               exemption is in effect, no State shall                                                                        forced whispered voice in the better ear
                                                                                                       that all comments received will be
                                               enforce any law or regulation applicable                                                                      at not less than 5 feet with or without
                                                                                                       posted without change to http://
                                               to interstate or intrastate commerce that                                                                     the use of a hearing aid or, if tested by
                                                                                                       www.regulations.gov, including any
                                               conflicts with or is inconsistent with                                                                        use of an audiometric device, does not
                                                                                                       personal information provided. Please
                                               this exemption with respect to a firm or                                                                      have an average hearing loss in the
                                                                                                       see the Privacy Act heading below for
                                               person operating under the exemption.                                                                         better ear greater than 40 decibels at 500
                                                                                                       further information.
                                                 Issued on: August 30, 2018.                              Docket: For access to the docket to                Hz, 1,000 Hz, and 2,000 Hz with or
                                               Raymond P. Martinez,                                    read background documents or                          without a hearing aid when the
                                               Administrator.                                          comments, go to http://                               audiometric device is calibrated to
                                                                                                       www.regulations.gov at any time or                    American National Standard (formerly
                                               [FR Doc. 2018–19636 Filed 9–7–18; 8:45 am]
                                                                                                       Room W12–140 on the ground level of                   ASA Standard) Z24.5—1951.
                                               BILLING CODE 4910–EX–P
                                                                                                       the West Building, 1200 New Jersey                       49 CFR 391.41(b)(11) was adopted in
                                                                                                       Avenue SE, Washington, DC, between 9                  1970, with a revision in 1971 to allow
                                                                                                       a.m. and 5 p.m., e.t., Monday through                 drivers to be qualified under this
                                               DEPARTMENT OF TRANSPORTATION
                                                                                                       Friday, except Federal holidays. The                  standard while wearing a hearing aid,
                                               Federal Motor Carrier Safety                            FDMS is available 24 hours each day,                  35 FR 6458, 6463 (April 22, 1970) and
                                               Administration                                          365 days each year. If you want                       36 FR 12857 (July 3, 1971).
                                                                                                                                                                The 2 individuals listed in this notice
                                               [Docket No. FMCSA–2012–0332; FMCSA–                     acknowledgment that we received your
                                                                                                                                                             have requested renewal of their
                                               2014–0385]                                              comments, please include a self-
                                                                                                                                                             exemptions from the hearing standard
                                                                                                       addressed, stamped envelope or
                                               Qualification of Drivers; Exemption                                                                           in 49 CFR 391.41(b)(11), in accordance
                                                                                                       postcard or print the acknowledgement
                                               Applications; Hearing                                                                                         with FMCSA procedures. Accordingly,
                                                                                                       page that appears after submitting
                                                                                                                                                             FMCSA has evaluated these
                                               AGENCY: Federal Motor Carrier Safety                    comments online.
                                                                                                                                                             applications for renewal on their merits
                                                                                                          Privacy Act: In accordance with 5
                                               Administration (FMCSA), DOT.                                                                                  and decided to extend each exemption
                                                                                                       U.S.C. 553(c), DOT solicits comments
                                               ACTION: Notice of renewal of                                                                                  for a renewable two-year period.
                                                                                                       from the public to better inform its
                                               exemptions; request for comments.                       rulemaking process. DOT posts these                   II. Request for Comments
                                               SUMMARY:   FMCSA announces its                          comments, without edit, including any                    Interested parties or organizations
                                               decision to renew exemptions for 2                      personal information the commenter                    possessing information that would
                                               individuals from the hearing                            provides, to http://www.regulations.gov,              otherwise show that any, or all, of these
                                               requirement in the Federal Motor                        as described in the system of records                 drivers are not currently achieving the
                                               Carrier Safety Regulations (FMCSRs) for                 notice (DOT/ALL–14 FDMS), which can                   statutory level of safety should
daltland on DSKBBV9HB2PROD with NOTICES




                                               interstate commercial motor vehicle                     be reviewed at http://www.dot.gov/                    immediately notify FMCSA. The
                                               (CMV) drivers. The exemptions enable                    privacy.                                              Agency will evaluate any adverse
                                               these hard of hearing and deaf                          FOR FURTHER INFORMATION CONTACT: Ms.                  evidence submitted and, if safety is
                                               individuals to continue to operate CMVs                 Christine A. Hydock, Chief, Medical                   being compromised or if continuation of
                                               in interstate commerce.                                 Programs Division, 202–366–4001,                      the exemption would not be consistent
                                               DATES: Each group of renewed                            fmcsamedical@dot.gov, FMCSA,                          with the goals and objectives of 49
                                               exemptions were applicable on the                       Department of Transportation, 1200                    U.S.C. 31136(e) and 31315, FMCSA will


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Document Created: 2018-09-08 00:42:52
Document Modified: 2018-09-08 00:42:52
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 applicable September 10, 2018 and expires September 11, 2023.
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 Citation83 FR 45742 

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