Commercial Driver's License (CDL) Standards; Daimler Trucks North America (Daimler) Exemption Application, 31422-31423 [2012-12833]
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31422
Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Notices
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VerDate Mar<15>2010
17:55 May 24, 2012
Jkt 226001
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Issued in Washington, DC, on May 17,
2012.
John Raper,
Manager, Business Operations Branch,
Federal Aviation Administration.
[FR Doc. 2012–12689 Filed 5–24–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0032]
Commercial Driver’s License (CDL)
Standards; Daimler Trucks North
America (Daimler) Exemption
Application
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
granting of application for exemption.
AGENCY:
FMCSA announces its
decision to grant Daimler Trucks North
America’s (Daimler) application for an
exemption for two Daimler drivers to
drive commercial motor vehicles
(CMVs) in the United States without
possessing the requisite commercial
driver’s license (CDL) issued by one of
the States. George Weiberg and KlausDieter Holloh are field test engineers
who will be test-driving Daimler
vehicles on U.S. roads in order to meet
future vehicle safety and environmental
regulatory requirements and to promote
the development of technology
advancements in vehicle safety systems
and emissions reductions. Each of these
drivers holds a valid German CDL but
lacks the U.S. residency necessary to
obtain a CDL issued by one of the States.
FMCSA believes that the process for
obtaining a German-issued CDL is
comparable to or is as effective as the
U.S. CDL requirements and ensures that
these drivers will likely achieve a level
SUMMARY:
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
of safety that is equivalent to or greater
than the level of safety that would be
obtained in the absence of the
exemption.
This exemption is effective April
17, 2012, and expires on April 17, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, Driver and Carrier
Operations Division, Office of Bus and
Truck Standards and Operations, MC–
PSD, Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Telephone: 202–366–4325. Email:
MCPSD@dot.gov.
DATES:
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e),
FMCSA may grant an exemption from
certain Federal Motor Carrier Safety
Regulations (FMCSRs) (49 CFR part 350
et seq.) for up to 2 years. The Agency
must find that the exemption will allow
the applicant to implement more
effective or efficient operations and
‘‘would likely achieve a level of safety
that is equivalent to or greater than the
level that would be achieved absent
such exemption’’ (49 CFR 381.305 (a)).
Exemptions are renewable for 2-year
periods.
Daimler Application for Exemption
Daimler applied for an exemption for
drivers Georg Weiberg and Klaus-Dieter
Holloh from 49 CFR 383.23 of the CDL
rules, requiring drivers operating CMVs
to have a CDL issued by one of the
States. A copy of the request for
exemption is in the docket identified at
the beginning of this notice. The
exemption allows these two drivers to
operate CMVs to support Daimler field
tests to meet future vehicle safety and
environmental regulatory requirements
and to promote the development of
technology and advancements in
vehicle safety systems and emissions
reductions. These Daimler drivers will
typically drive for no more than 6 hours
per day for 2 consecutive days, and 10
percent of the test driving will be on
two-lane state highways, while 90
percent will be on interstate highways.
The driving for each driver 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.
49 CFR 383.21 requires CMV drivers
in the United States to have a CDL
issued by a State. Weiberg and Holloh
are citizens and residents of Germany.
Only residents of a State can apply for
a CDL.1 Without the exemption,
1 Although 49 CFR 383.23 indicates that these
drivers could obtain a nondomiciled CDL, few
E:\FR\FM\25MYN1.SGM
25MYN1
Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Notices
Weiberg and Holloh would not be able
to test-drive Daimler prototype CMVs on
U.S. roads.
Weiberg and Holloh each hold
German CDLs and are experienced
operators of CMVs. In their application
for exemption, Daimler also submitted
documentation showing the German
safe driving records of both Weiberg and
Holloh.
Method to Ensure an Equivalent or
Greater Level of Safety
According to Daimler, the
requirements for a German-issued CDL
ensure that the same level of safety is
met or exceeded as if these drivers had
CDLs issued by one of the States.
Daimler’s drivers are very familiar with
the operation of CMVs worldwide and
these drivers will be accompanied at all
times by a U.S.-issued CDL holder who
is familiar with the routes to be traveled.
FMCSA has determined the process for
obtaining a CDL in Germany is
comparable to that for obtaining a CDL
issued by one the States and adequately
assesses each driver’s ability to safely
operate CMVs in the United States.
Comments
No comments were received in
response to the FMCSA notice of this
application and request for comments,
published on March 7, 2012 (77 FR
13684).
FMCSA Decision
Based upon the merits of this
application, including the extensive
driving experience and safety records of
Georg Weiberg and Klaus-Dieter Holloh,
and the fact that both individuals have
each successfully completed the
requisite training and testing to obtain a
German CDL, FMCSA 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 381.305(a).
mstockstill on DSK4VPTVN1PROD with NOTICES
Terms and Conditions for the
Exemption
FMCSA grants Daimler an exemption
from the CDL requirement in 49 CFR
383.23 to allow Weiberg and Holloh to
drive CMVs in the United States, subject
to the following terms and conditions:
(1) The drivers and carrier must
comply with all other applicable
provisions of the Federal Motor Carrier
Safety Regulations (FMCSRs) (49 CFR
parts 350–399), (2) the drivers must be
in possession of the exemption
document and a valid German CDL, (3)
States if any are currently issuing nondomiciled
CDLs.
VerDate Mar<15>2010
17:55 May 24, 2012
Jkt 226001
the drivers must be employed by, and
operating the CMV within the scope of
their duties for, Daimler, (4) Daimler
must notify FMCSA in writing of any
accident, as defined in 49 CFR 390.5,
involving one or both of these drivers,
and (5) Daimler must notify FMCSA in
writing if either driver is convicted of a
disqualifying offense under section
383.51 or section 391.15 of the FMCSRs.
In accordance with 49 U.S.C. 31315
and 31136(e), the exemption will be
valid for 2 years unless revoked earlier
by the FMCSA. The exemption will be
revoked if: (1) An exempted driver 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.
Issued on: May 21, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012–12833 Filed 5–24–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0154]
Qualification of Drivers; Application for
Exemptions; National Association of
the Deaf
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces that the
National Association of the Deaf (NAD)
has applied for exemptions on behalf of
45 individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs). In
accordance with the statutory
requirements concerning applications
for exemptions, FMCSA requests public
comments on NAD’s request. The
statute and implementing regulations
concerning exemptions require that
exemptions must provide an equivalent
or greater level of safety than if they
were not granted. If the Agency
determines the exemptions would
satisfy the statutory requirements and
decides to grant the NAD’s request after
reviewing the public comments
submitted in response to this notice, the
exemptions would enable these 45
individuals to qualify as drivers of
CMVs in interstate commerce without
meeting the Federal hearing standard.
SUMMARY:
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
31423
Comments must be received on
or before June 25, 2012.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2012–0154 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
on-line 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: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket numbers for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
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
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the FDMS published in
the Federal Register on January 17,
2008 (73 FR 3316), or you may visit
https://edocket.access.gpo.gov/2008/pdf/
E8-785.pdf.
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Chief Medical
Programs, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
DATES:
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25MYN1
Agencies
[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31422-31423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12833]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0032]
Commercial Driver's License (CDL) Standards; Daimler Trucks North
America (Daimler) Exemption Application
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; granting of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant Daimler Trucks North
America's (Daimler) application for an exemption for two Daimler
drivers to drive commercial motor vehicles (CMVs) in the United States
without possessing the requisite commercial driver's license (CDL)
issued by one of the States. George Weiberg and Klaus-Dieter Holloh are
field test engineers who will be test-driving Daimler vehicles on U.S.
roads in order to meet future vehicle safety and environmental
regulatory requirements and to promote the development of technology
advancements in vehicle safety systems and emissions reductions. Each
of these drivers holds a valid German CDL but lacks the U.S. residency
necessary to obtain a CDL issued by one of the States. FMCSA believes
that the process for obtaining a German-issued CDL is comparable to or
is as effective as the U.S. CDL requirements and ensures that these
drivers will likely achieve a level of safety that is equivalent to or
greater than the level of safety that would be obtained in the absence
of the exemption.
DATES: This exemption is effective April 17, 2012, and expires on April
17, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from certain Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR
part 350 et seq.) for up to 2 years. The Agency must find that the
exemption will allow the applicant to implement more effective or
efficient operations and ``would likely achieve a level of safety that
is equivalent to or greater than the level that would be achieved
absent such exemption'' (49 CFR 381.305 (a)). Exemptions are renewable
for 2-year periods.
Daimler Application for Exemption
Daimler applied for an exemption for drivers Georg Weiberg and
Klaus-Dieter Holloh from 49 CFR 383.23 of the CDL rules, requiring
drivers operating CMVs to have a CDL issued by one of the States. A
copy of the request for exemption is in the docket identified at the
beginning of this notice. The exemption allows these two drivers to
operate CMVs to support Daimler field tests to meet future vehicle
safety and environmental regulatory requirements and to promote the
development of technology and advancements in vehicle safety systems
and emissions reductions. These Daimler drivers will typically drive
for no more than 6 hours per day for 2 consecutive days, and 10 percent
of the test driving will be on two-lane state highways, while 90
percent will be on interstate highways. The driving for each driver
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.
49 CFR 383.21 requires CMV drivers in the United States to have a
CDL issued by a State. Weiberg and Holloh are citizens and residents of
Germany. Only residents of a State can apply for a CDL.\1\ Without the
exemption,
[[Page 31423]]
Weiberg and Holloh would not be able to test-drive Daimler prototype
CMVs on U.S. roads.
---------------------------------------------------------------------------
\1\ Although 49 CFR 383.23 indicates that these drivers could
obtain a nondomiciled CDL, few States if any are currently issuing
nondomiciled CDLs.
---------------------------------------------------------------------------
Weiberg and Holloh each hold German CDLs and are experienced
operators of CMVs. In their application for exemption, Daimler also
submitted documentation showing the German safe driving records of both
Weiberg and Holloh.
Method to Ensure an Equivalent or Greater Level of Safety
According to Daimler, the requirements for a German-issued CDL
ensure that the same level of safety is met or exceeded as if these
drivers had CDLs issued by one of the States. Daimler's drivers are
very familiar with the operation of CMVs worldwide and these drivers
will be accompanied at all times by a U.S.-issued CDL holder who is
familiar with the routes to be traveled. FMCSA has determined the
process for obtaining a CDL in Germany is comparable to that for
obtaining a CDL issued by one the States and adequately assesses each
driver's ability to safely operate CMVs in the United States.
Comments
No comments were received in response to the FMCSA notice of this
application and request for comments, published on March 7, 2012 (77 FR
13684).
FMCSA Decision
Based upon the merits of this application, including the extensive
driving experience and safety records of Georg Weiberg and Klaus-Dieter
Holloh, and the fact that both individuals have each successfully
completed the requisite training and testing to obtain a German CDL,
FMCSA 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 381.305(a).
Terms and Conditions for the Exemption
FMCSA grants Daimler an exemption from the CDL requirement in 49
CFR 383.23 to allow Weiberg and Holloh to drive CMVs in the United
States, subject to the following terms and conditions:
(1) The drivers and carrier must comply with all other applicable
provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49
CFR parts 350-399), (2) the drivers must be in possession of the
exemption document and a valid German CDL, (3) the drivers must be
employed by, and operating the CMV within the scope of their duties
for, Daimler, (4) Daimler must notify FMCSA in writing of any accident,
as defined in 49 CFR 390.5, involving one or both of these drivers, and
(5) Daimler must notify FMCSA in writing if either driver is convicted
of a disqualifying offense under section 383.51 or section 391.15 of
the FMCSRs.
In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 2 years unless revoked earlier by the FMCSA. The exemption
will be revoked if: (1) An exempted driver 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.
Issued on: May 21, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-12833 Filed 5-24-12; 8:45 am]
BILLING CODE 4910-EX-P