Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler), 51641-51642 [2014-20636]

Download as PDF 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 wreier-aviles on DSK5TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:29 Aug 28, 2014 Jkt 232001 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 E:\FR\FM\29AUN1.SGM 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 VerDate Mar<15>2010 15:29 Aug 28, 2014 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 http://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 http:// 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 http:// 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 29AUN1

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]


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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; granting of application for 
exemption.

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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