Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler), 51641-51642 [2014-20636]
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Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Notices
motor vehicle (CMV) industry; fleets,
owner-operators, state CMV safety
agencies, research organizations and
contractors; news organizations and
safety advocacy groups.
Estimated Number of Respondents:
5,900.
Estimated Time per Response: Range
from 10–120 minutes.
Expiration Date: N/A. This is a new
ICR.
Frequency of Response: Generally, on
an annual basis.
Estimated Total Annual Burden:
5,274.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued under the authority of 49 CFR 1.87
on: August 18, 2014.
G. Kelly Regal,
Associate Administrator, Office of Research
and Information Technology and Chief
Information Officer.
[FR Doc. 2014–20640 Filed 8–28–14; 8:45 am]
BILLING CODE 4910–EX–P
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)
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 a Daimler driver to drive
commercial motor vehicles (CMV) in the
United States without possessing a
commercial driver’s license (CDL)
issued by one of the States. The driver
is Dr. Wolfgang Bernhard, head of the
Daimler Trucks and Bus Division, who
will test-drive Daimler vehicles on U.S.
roads to better understand product
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SUMMARY:
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15:29 Aug 28, 2014
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requirements for these vehicles in ‘‘real
world’’ environments and verify results.
He 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 effective as the U.S. CDL
requirements and ensures that this
driver will likely achieve a level of
safety that is equivalent to or greater
than the level of safety that would be
obtained in the absence of the
exemption.
DATES: This exemption is effective
August 29, 2014 and expires August 29,
2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Secretary of Transportation (the
Secretary) has the authority to grant
exemptions from any of the Federal
Motor Carrier Safety Regulations
(FMCSRs) issued under chapter 313 or
§ 31136 of title 49, United States Code,
to a person(s) seeking regulatory relief
(49 U.S.C. 31136(e), and 31315(b)) as
added by Section 4007(a) of the
Transportation Equity Act for the 21st
Century (TEA–21) (Pub. L. 105–178, 112
Stat. 107, 401, June 9, 1998)). Prior to
granting an exemption, the Secretary
must request public comment and make
a determination that the exemption is
likely to 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. Exemptions
may be granted for a period of up to 2
years and may be renewed.
The FMCSA Administrator has been
delegated authority under 49 CFR
1.87(e)(1) and (f) to carry out the
functions vested in the Secretary by 49
U.S.C. chapter 313 and subchapters I
and III of chapter 311, relating,
respectively, to the commercial driver’s
license program and to commercial
motor vehicle (CMV) programs and
safety regulation.
Background
In the July 22, 2014, Federal Register
(79 FR 42626), FMCSA granted Daimler
and one of its drivers a similar
exemption. Prior to that, in the May 25,
2012, Federal Register (77 FR 31422)
FMCSA granted a similar exemption for
two of their other test drivers. These
individuals each held a valid German
CDL but lacked the U.S. residency
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
51641
necessary to obtain a CDL in the United
States. FMCSA concluded that the
process for obtaining a German CDL is
comparable to or as effective as the U.S.
CDL requirements and ensures that
these drivers will likely achieve a level
of safety equivalent to or greater than
the level that would be obtained in the
absence of the exemption. These three
drivers were not reported to be involved
in any crashes or other safety-related
incidents.
Daimler Application for Exemption
Daimler applied for an exemption for
Dr. Wolfgang Bernhard from 49 CFR
383.23, requiring drivers operating
CMVs to have a CDL issued by one of
the States. Notice of the application was
published on July 2, 2014 (79 FR
37839). Five comments were received
which were mixed in support or
opposition to the application for
exemption for Dr. Bernhard, however no
substantive comments were received. A
copy of the Daimler request is in the
docket identified at the beginning of this
notice. The exemption allows Dr.
Wolfgang Bernhard to operate CMVs to
support Daimler field tests to meet
future vehicle safety and environmental
requirements and to promote the
development of technology and
advancements in vehicle safety systems
and emissions reductions. He will
typically drive for no more than 6 hours
per day for 2 consecutive days, and 10
percent of the test driving will be on
two-lane state highways, while 90
percent will be on interstate highways.
The driving will consist of no more than
200 miles per day, for a total of 400
miles during a two-day period on a
quarterly basis.
Section 383.21 requires CMV drivers
in the United States to have a CDL
issued by a State. Dr. Bernhard is a
citizen and resident of Germany. Only
residents of a State can apply for a CDL.
Without the exemption, Dr. Bernhard
would not be able to test-drive Daimler
prototype CMVs on U.S. roads.
Dr. Bernhard holds a valid German
CDL and is an experienced operator of
CMVs. In the application for exemption,
Daimler also submitted documentation
showing his safe German driving record.
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
a CDL issued by one of the States. Dr.
Bernhard is familiar with the operation
of CMVs worldwide and will be
accompanied at all times by a driver
who holds a U.S.-issued CDL and is
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29AUN1
51642
Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Notices
familiar with the routes to be traveled.
FMCSA has determined that the process
for obtaining a CDL in Germany is
comparable to that for obtaining a CDL
issued by one of the States and
adequately assesses the driver’s ability
to safely operate CMVs in the United
States.
DEPARTMENT OF TRANSPORTATION
FMCSA Decision
Qualification of Drivers; Exemption
Applications; Vision
Based upon the merits of this
application, including Dr. Bernhard’s
extensive driving experience and safety
record, and the fact that he has
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).
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Terms and Conditions for the
Exemption
FMCSA grants Daimler and Dr.
Wolfgang Bernhard an exemption from
the CDL requirement in 49 CFR 383.23
to allow Dr. Bernhard 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 Federal Motor Carrier
Safety Regulations (FMCSRs) (49 CFR
parts 350–399), (2) the driver must be in
possession of the exemption document
and a valid German CDL, (3) the driver
must be employed by and operating the
CMV within the scope of his duties for
Daimler, (4) Daimler must notify
FMCSA within 5 business days in
writing of any accident, as defined in 49
CFR 390.5, involving this driver, and (5)
Daimler must notify FMCSA in writing
if this driver is convicted of a
disqualifying offense under § 383.51 or
§ 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) Dr. Bernhard 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: August 21, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014–20636 Filed 8–28–14; 8:45 am]
BILLING CODE 4910–EX–P
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Jkt 232001
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–23773; FMCSA–
2008–0106; FMCSA–2010–0082; FMCSA–
2010–0161; FMCSA–2012–0106; FMCSA–
2012–0159; FMCSA–2012–0214]
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 14
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to or greater
than the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
SUMMARY:
This decision is effective October
6, 2014. Comments must be received on
or before September 29, 2014.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: Docket No.
[Docket No. FMCSA–2006–23773;
FMCSA–2008–0106; FMCSA–2010–
0082; FMCSA–2010–0161; FMCSA–
2012–0106; FMCSA–2012–0159;
FMCSA–2012–0214], 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 or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number for this notice. Note that
DOT posts all comments received
without change to https://
www.regulations.gov, including any
personal information included in a
DATES:
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
comment. Please see the Privacy Act
heading below.
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., Monday through
Friday, except Federal holidays. The
Federal Docket Management System
(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 Federal Docket
Management System (FDMS) published
in the Federal Register on January 17,
2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, R.N., Chief, Medical
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-year period if it finds ‘‘such
exemption would likely achieve a level
of safety that is equivalent to or greater
than the level that would be achieved
absent such exemption.’’ The
procedures for requesting an exemption
(including renewals) are set out in 49
CFR part 381.
II. Exemption Decision
This notice addresses 14 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
14 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
E:\FR\FM\29AUN1.SGM
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Agencies
[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Notices]
[Pages 51641-51642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20636]
-----------------------------------------------------------------------
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; granting of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant Daimler Trucks North
America's (Daimler) application for an exemption for a Daimler driver
to drive commercial motor vehicles (CMV) in the United States without
possessing a commercial driver's license (CDL) issued by one of the
States. The driver is Dr. Wolfgang Bernhard, head of the Daimler Trucks
and Bus Division, who will test-drive Daimler vehicles on U.S. roads to
better understand product requirements for these vehicles in ``real
world'' environments and verify results. He holds a valid German 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 effective as the U.S. CDL
requirements and ensures that this driver will likely achieve a level
of safety that is equivalent to or greater than the level of safety
that would be obtained in the absence of the exemption.
DATES: This exemption is effective August 29, 2014 and expires August
29, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Secretary of Transportation (the Secretary) has the authority
to grant exemptions from any of the Federal Motor Carrier Safety
Regulations (FMCSRs) issued under chapter 313 or Sec. 31136 of title
49, United States Code, to a person(s) seeking regulatory relief (49
U.S.C. 31136(e), and 31315(b)) as added by Section 4007(a) of the
Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-
178, 112 Stat. 107, 401, June 9, 1998)). Prior to granting an
exemption, the Secretary must request public comment and make a
determination that the exemption is likely to 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. Exemptions may be granted
for a period of up to 2 years and may be renewed.
The FMCSA Administrator has been delegated authority under 49 CFR
1.87(e)(1) and (f) to carry out the functions vested in the Secretary
by 49 U.S.C. chapter 313 and subchapters I and III of chapter 311,
relating, respectively, to the commercial driver's license program and
to commercial motor vehicle (CMV) programs and safety regulation.
Background
In the July 22, 2014, Federal Register (79 FR 42626), FMCSA granted
Daimler and one of its drivers a similar exemption. Prior to that, in
the May 25, 2012, Federal Register (77 FR 31422) FMCSA granted a
similar exemption for two of their other test drivers. These
individuals each held a valid German CDL but lacked the U.S. residency
necessary to obtain a CDL in the United States. FMCSA concluded that
the process for obtaining a German CDL is comparable to or as effective
as the U.S. CDL requirements and ensures that these drivers will likely
achieve a level of safety equivalent to or greater than the level that
would be obtained in the absence of the exemption. These three drivers
were not reported to be involved in any crashes or other safety-related
incidents.
Daimler Application for Exemption
Daimler applied for an exemption for Dr. Wolfgang Bernhard from 49
CFR 383.23, requiring drivers operating CMVs to have a CDL issued by
one of the States. Notice of the application was published on July 2,
2014 (79 FR 37839). Five comments were received which were mixed in
support or opposition to the application for exemption for Dr.
Bernhard, however no substantive comments were received. A copy of the
Daimler request is in the docket identified at the beginning of this
notice. The exemption allows Dr. Wolfgang Bernhard to operate CMVs to
support Daimler field tests to meet future vehicle safety and
environmental requirements and to promote the development of technology
and advancements in vehicle safety systems and emissions reductions. He
will typically drive for no more than 6 hours per day for 2 consecutive
days, and 10 percent of the test driving will be on two-lane state
highways, while 90 percent will be on interstate highways. The driving
will consist of no more than 200 miles per day, for a total of 400
miles during a two-day period on a quarterly basis.
Section 383.21 requires CMV drivers in the United States to have a
CDL issued by a State. Dr. Bernhard is a citizen and resident of
Germany. Only residents of a State can apply for a CDL. Without the
exemption, Dr. Bernhard would not be able to test-drive Daimler
prototype CMVs on U.S. roads.
Dr. Bernhard holds a valid German CDL and is an experienced
operator of CMVs. In the application for exemption, Daimler also
submitted documentation showing his safe German driving record.
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 a CDL issued by one of the States. Dr. Bernhard is familiar
with the operation of CMVs worldwide and will be accompanied at all
times by a driver who holds a U.S.-issued CDL and is
[[Page 51642]]
familiar with the routes to be traveled. FMCSA has determined that the
process for obtaining a CDL in Germany is comparable to that for
obtaining a CDL issued by one of the States and adequately assesses the
driver's ability to safely operate CMVs in the United States.
FMCSA Decision
Based upon the merits of this application, including Dr. Bernhard's
extensive driving experience and safety record, and the fact that he
has 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 Sec.
381.305(a).
Terms and Conditions for the Exemption
FMCSA grants Daimler and Dr. Wolfgang Bernhard an exemption from
the CDL requirement in 49 CFR 383.23 to allow Dr. Bernhard 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 Federal Motor Carrier
Safety Regulations (FMCSRs) (49 CFR parts 350-399), (2) the driver must
be in possession of the exemption document and a valid German CDL, (3)
the driver must be employed by and operating the CMV within the scope
of his duties for Daimler, (4) Daimler must notify FMCSA within 5
business days in writing of any accident, as defined in 49 CFR 390.5,
involving this driver, and (5) 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 2 years unless revoked earlier by the FMCSA. The exemption
will be revoked if: (1) Dr. Bernhard 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: August 21, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-20636 Filed 8-28-14; 8:45 am]
BILLING CODE 4910-EX-P