Commercial Driver's License Standards: Application for Renewal of Exemption; Daimler Trucks North America (Daimler), 45576-45577 [2015-18676]
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Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices
and discussed in detail in the May 11,
2015, Federal Register notice and they
will not be repeated in this notice.
III. Discussion of Comments
FMCSA received two comments in
this proceeding. The comments are
addressed below.
Doreen Dupont stated that, as a
licensed physician, she does not believe
any insulin-dependent drivers should
be granted exemptions to operate CMVs
in interstate commerce.
Alvin Williams stated he wants to
renew his Class A driver’s license but
would like to know if a restricted Class
A license is available so he does not
have to downgrade.
Lhorne on DSK7TPTVN1PROD with NOTICES
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes requirement in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
To evaluate the effect of these
exemptions on safety, FMCSA
considered medical reports about the
applicants’ ITDM and vision, and
reviewed the treating endocrinologists’
medical opinion related to the ability of
the driver to safely operate a CMV while
using insulin.
Consequently, FMCSA finds that in
each case exempting these applicants
from the diabetes requirement in 49 CFR
391.41(b)(3) is likely to achieve a level
of safety equal to that existing without
the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption will be provided to the
applicants in the exemption document
and they include the following: (1) That
each individual submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) that each
individual reports within 2 business
days of occurrence, all episodes of
severe hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (4) that each
individual provide a copy of the annual
medical certification to the employer for
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14:54 Jul 29, 2015
Jkt 235001
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official.
VI. Conclusion
Based upon its evaluation of the 51
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above 49 CFR
391.64(b)):
Galen W. Abitz (IA)
Kenneth V. Bartlett (PA)
Derek A. Becker (IL)
Robert J. Boardwick (NJ)
Delano W. Brede (IA)
Stanley L. Buckley (WI)
Matthew J. Burris (MN)
Robert E. Clark, Jr. (VA)
Stephen M. Cooper (WI)
George L. Crockett (OH)
Thomas J. Cummings (IA)
Gary E. Davidge (MD)
Delawrence D. Dillard (IL)
Stephen L. Drake (TX)
Kevin P. Fulcher (MA)
Cecil E. Glenn (CA)
David E. Goddard, Jr. (WV)
Wesley H. Green (OK)
David H. Heins (IL)
Thomas P. Henry (VA)
Leslie W. Holmes (DE)
Korry W. Hullinger (UT)
James V. Kuhns, Jr. (PA)
Craig C. Leckie (OR)
Robert T. Lee (WI)
Tyler S. Lewis (AK)
Zackery L. Lowe (VA)
Eugene T. Mapp (SC)
Edward W. Masser (PA)
Robert S. Medberry (OH)
Brian L. Merlo (CA)
Brian K. Miesner (MO)
James D. Miller (MN)
Isse A. Moalin (AZ)
Patrick S. Murray (OK)
Douglas W. Olson (TX)
Lisa R. Olson (MT)
John C. Osterhout (ID)
Kevin J. Riedl (WI)
Richard E. Roberts (NC)
Ian L. Robinson (VA)
Stephen D. Sandine (AR)
Michael J. Simko (PA)
Steven L. Sobczak (WI)
Richard J. Tallen (IN)
Brett E. Thein (GA)
Ryan R. Turnbull (NY)
Jonathan C. Walston (IA)
Graciano Wharton-Ramirez (NJ)
Rick G. White (WA)
Randall L. Williamson (IL)
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption is valid for
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Frm 00076
Fmt 4703
Sfmt 4703
two years unless revoked earlier by
FMCSA. The exemption will be revoked
if the following occurs: (1) The person
fails to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315. If the exemption is
still effective at the end of the 2-year
period, the person may apply to FMCSA
for a renewal under procedures in effect
at that time.
Issued on: July 20, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–18675 Filed 7–29–15; 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 Renewal of
Exemption; Daimler Trucks North
America (Daimler)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
granting of application for renewal of
exemption.
AGENCY:
FMCSA announces its
decision to grant Daimler Trucks North
America’s (Daimler) application for
renewal of an exemption from the
requirement for a commercial driver’s
license (CDL) for one of its commercial
motor vehicle (CMV) drivers, Sven
Ennerst. Mr. Ennerst has operated safely
under this one-year exemption since
July 22, 2014. The renewal allows Mr.
Ennerst, a Daimler engineering
executive who holds a German
commercial driver’s license, to continue
to test-drive Daimler CMVs on U.S.
roads to improve Daimler’s
understanding of product requirements
in ‘‘real world’’ environments. FMCSA
has concluded that this exemption
would likely achieve a level of safety
that is equivalent to or greater than the
level that would be achieved if Mr.
Ennerst were required to obtain a U.S.
CDL.
DATES: This exemption is renewed
effective July 22, 2015 and will expire
July 22, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Schultz, FMCSA Driver and
Carrier Operations Division; Office of
SUMMARY:
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Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Lhorne on DSK7TPTVN1PROD with NOTICES
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the CDL requirements of 49 CFR 383.23
for a maximum 2-year period if it finds
that ‘‘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 and
standards for exemptions are prescribed
in part 381 of the Federal Motor Carrier
Safety Regulations (FMCSRs) (49 CFR
part 350 et seq.). The Agency must
provide an opportunity for public
comment on the request. The decision
of the Agency must be published in the
Federal Register (49 CFR 381.315(b))
with the reason for granting or denying
the exemption renewal, 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 specify the effective period of the
exemption (up to 2 years), and explain
the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
Daimler manufactures CMVs in the
U.S. for sale in this country. From time
to time, it applies to FMCSA for CDL
exemptions allowing individual Daimler
employees to operate CMVs on U.S.
roads. The employees are engineering
executives who design and test
advanced CMV safety and emissions
technology. They reside in Germany but
come to the U.S. three or four times a
year to test drive prototype Daimler
CMVs in the ‘‘real world’’ environment
of U.S. roads. Under 49 CFR 383.23,
operators of CMVs are required to hold
a CDL issued by a State. Daimler
employees are residents of Germany and
cannot obtain a CDL in the U.S. because
they are not residents of a State. They
are duly licensed to operate CMVs in
Germany, have years of experience
driving CMVs in Europe, and maintain
exemplary records of driving safety.
Daimler has explained in prior
exemption applications that the German
knowledge and skills tests and training
program that these drivers have
undergone are comparable to the CDL
licensing programs of the States.
Daimler asserts that its CMV drivers
operating under the exemption in the
U.S. will achieve a level of safety that
is equivalent to, or greater than, the
level of safety would be obtained by
complying with the U.S. requirement for
VerDate Sep<11>2014
14:54 Jul 29, 2015
Jkt 235001
a CDL. Previous exemptions require a
U.S. CDL-holder to accompany the
Daimler employee operating a CMV.
Daimler’s prior applications and this
Agency’s analysis of them are in the
docket of this matter referenced above.
Most recently, on March 20, 2015, the
Agency granted a similar exemption to
Daimler driver Martin Zeilinger (80 FR
16511).
On July 22, 2014, FMCSA granted
Daimler and its driver Sven Ennerst a
one-year exemption from § 383.23 (79
FR 42626). The exemption will expire
July 22, 2015. Mr. Ennerst is a Daimler
engineering executive and holds a valid
German commercial driver’s license.
Daimler’s original application outlines
Mr. Ennerst’s CMV driving
qualifications and experience, and is in
the docket.
Daimler Application for Renewal
By letter dated February 18, 2015,
Daimler applied for renewal of this
exemption for Sven Ennerst for the twoyear period beginning July 22, 2015. A
copy of the request for renewal is in the
docket. Daimler states that Mr. Ennerst
typically drives CMVs no more than 200
miles per day over a two-day period,
and that only 10 percent of his driving
is on two-lane State highways. The rest
of his driving is on interstate highways.
Method To Ensure an Equivalent or
Greater Level of Safety
As in each of Daimler’s exemption
requests, FMCSA carefully considered
the merits of this application and the
driver’s demonstrated knowledge and
skill in CMV operations. The Agency
has received no information indicating
that the terms and conditions of Mr.
Ennerst’s 2014 exemption have not been
satisfied fully. 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.
Public Comment
On April 16, 2015, FMCSA published
notice of this application and provided
a period of 60 days for public comment
(80 FR 20561). No comments were
received.
FMCSA Decision
Based upon the merits of this
application, including Mr. Ennerst’s
extensive CMV driving experience,
safety record, and successful completion
of the training and testing requisite to a
German CDL, FMCSA has concluded
that exemption would likely achieve a
level of safety that is equivalent to or
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Fmt 4703
Sfmt 4703
45577
greater than the level that would be
achieved absent such exemption.
Consequently, the Agency renews the
exemption from the CDL requirement of
§ 383.23 previously granted to Daimler
and Mr. Ennerst. Mr. Ennerst may drive
CMVs in this country without a U.S.
State-issued CDL for two additional
years unless this exemption is revoked
earlier by the FMCSA.
Terms and Conditions
The exemption remains subject to the
same terms and conditions originally
imposed by FMCSA: (1) Daimler and the
driver must comply with all other
applicable provisions of the FMCSRs,
(2) the driver must be in possession of
this exemption document and a valid
German CDL, (3) the driver must be
employed by and operate 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. The exemption
will be revoked if: (1) Mr. Ennerst 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. The exemption
expires on July 22, 2017.
Issued on: July 20, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015–18676 Filed 7–29–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2011–0126]
Reports, Forms and Record Keeping
Requirements; Agency Information
Collection Activity Under OMB Review
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Request (ICR) abstracted
below has been forwarded to the Office
of Management and Budget (OMB) for
SUMMARY:
E:\FR\FM\30JYN1.SGM
30JYN1
Agencies
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45576-45577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18676]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0032]
Commercial Driver's License Standards: Application for Renewal of
Exemption; Daimler Trucks North America (Daimler)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; granting of application for
renewal of exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant Daimler Trucks North
America's (Daimler) application for renewal of an exemption from the
requirement for a commercial driver's license (CDL) for one of its
commercial motor vehicle (CMV) drivers, Sven Ennerst. Mr. Ennerst has
operated safely under this one-year exemption since July 22, 2014. The
renewal allows Mr. Ennerst, a Daimler engineering executive who holds a
German commercial driver's license, to continue to test-drive Daimler
CMVs on U.S. roads to improve Daimler's understanding of product
requirements in ``real world'' environments. FMCSA has concluded that
this exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved if Mr.
Ennerst were required to obtain a U.S. CDL.
DATES: This exemption is renewed effective July 22, 2015 and will
expire July 22, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, FMCSA Driver and
Carrier Operations Division; Office of
[[Page 45577]]
Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the CDL requirements of 49 CFR 383.23 for a maximum 2-year period
if it finds that ``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 and standards for
exemptions are prescribed in part 381 of the Federal Motor Carrier
Safety Regulations (FMCSRs) (49 CFR part 350 et seq.). The Agency must
provide an opportunity for public comment on the request. The decision
of the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for granting or denying the exemption
renewal, 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 specify the effective
period of the exemption (up to 2 years), and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
Daimler manufactures CMVs in the U.S. for sale in this country.
From time to time, it applies to FMCSA for CDL exemptions allowing
individual Daimler employees to operate CMVs on U.S. roads. The
employees are engineering executives who design and test advanced CMV
safety and emissions technology. They reside in Germany but come to the
U.S. three or four times a year to test drive prototype Daimler CMVs in
the ``real world'' environment of U.S. roads. Under 49 CFR 383.23,
operators of CMVs are required to hold a CDL issued by a State. Daimler
employees are residents of Germany and cannot obtain a CDL in the U.S.
because they are not residents of a State. They are duly licensed to
operate CMVs in Germany, have years of experience driving CMVs in
Europe, and maintain exemplary records of driving safety. Daimler has
explained in prior exemption applications that the German knowledge and
skills tests and training program that these drivers have undergone are
comparable to the CDL licensing programs of the States. Daimler asserts
that its CMV drivers operating under the exemption in the U.S. will
achieve a level of safety that is equivalent to, or greater than, the
level of safety would be obtained by complying with the U.S.
requirement for a CDL. Previous exemptions require a U.S. CDL-holder to
accompany the Daimler employee operating a CMV. Daimler's prior
applications and this Agency's analysis of them are in the docket of
this matter referenced above. Most recently, on March 20, 2015, the
Agency granted a similar exemption to Daimler driver Martin Zeilinger
(80 FR 16511).
On July 22, 2014, FMCSA granted Daimler and its driver Sven Ennerst
a one-year exemption from Sec. 383.23 (79 FR 42626). The exemption
will expire July 22, 2015. Mr. Ennerst is a Daimler engineering
executive and holds a valid German commercial driver's license.
Daimler's original application outlines Mr. Ennerst's CMV driving
qualifications and experience, and is in the docket.
Daimler Application for Renewal
By letter dated February 18, 2015, Daimler applied for renewal of
this exemption for Sven Ennerst for the two-year period beginning July
22, 2015. A copy of the request for renewal is in the docket. Daimler
states that Mr. Ennerst typically drives CMVs no more than 200 miles
per day over a two-day period, and that only 10 percent of his driving
is on two-lane State highways. The rest of his driving is on interstate
highways.
Method To Ensure an Equivalent or Greater Level of Safety
As in each of Daimler's exemption requests, FMCSA carefully
considered the merits of this application and the driver's demonstrated
knowledge and skill in CMV operations. The Agency has received no
information indicating that the terms and conditions of Mr. Ennerst's
2014 exemption have not been satisfied fully. 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.
Public Comment
On April 16, 2015, FMCSA published notice of this application and
provided a period of 60 days for public comment (80 FR 20561). No
comments were received.
FMCSA Decision
Based upon the merits of this application, including Mr. Ennerst's
extensive CMV driving experience, safety record, and successful
completion of the training and testing requisite to a German CDL, FMCSA
has concluded that exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption. Consequently, the Agency renews the exemption
from the CDL requirement of Sec. 383.23 previously granted to Daimler
and Mr. Ennerst. Mr. Ennerst may drive CMVs in this country without a
U.S. State-issued CDL for two additional years unless this exemption is
revoked earlier by the FMCSA.
Terms and Conditions
The exemption remains subject to the same terms and conditions
originally imposed by FMCSA: (1) Daimler and the driver must comply
with all other applicable provisions of the FMCSRs, (2) the driver must
be in possession of this exemption document and a valid German CDL, (3)
the driver must be employed by and operate 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. The exemption will be revoked if: (1) Mr.
Ennerst 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. The exemption expires on July 22, 2017.
Issued on: July 20, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-18676 Filed 7-29-15; 8:45 am]
BILLING CODE 4910-EX-P