Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler), 60220-60222 [2015-25130]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with NOTICES
60220
Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices
Leader, FHWA Alaska Division, P.O.
Box 21648, Juneau, Alaska 99802–1648;
office hours 7 a.m.–4:30 p.m. (AST),
phone (907) 586–7428; email
John.Lohrey@dot.gov. You may also
contact Brian Elliott, DOT&PF Central
Region Environmental Manager, Alaska
Department of Transportation and
Public Facilities, 4111 Aviation Drive,
P.O. Box 196900, Anchorage, Alaska
99519–6900; office hours 7:30 a.m.–5
p.m. (AST), phone (907) 269–0539,
email Brian.Elliott@alaska.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that FHWA has taken final
agency actions subject to 23 U.S.C.
139(l)(1) by issuing licenses, permits,
and approvals for the following highway
reconstruction project in the State of
Alaska: Knik-Goose Bay Road (KGB)
Reconstruction: MP 0.3 to 6.8, Centaur
Avenue to Vine Road. KGB Road will be
improved as follows: Six-lanes (three
lanes in each direction) from PalmerWasilla Highway (PWH) to Mack Road
with a raised urban median and fourlanes (two in each direction) from Mack
Road to Vine Road, with a nontraversable depressed grass median. The
section from Centaur Avenue to PWH
would provide space to expand from
two to four lanes. The six-lane section
(PWH to Mack Road) would consist of
three 12-foot wide travel lanes in each
direction with six-foot wide outside
shoulders with curb and gutter, fourfoot wide inside shoulders, and a 30foot wide raised median. The four-lane
section (Mack Road to Vine Road)
would consist of two 12-foot wide lanes
in each direction with eight-foot outside
shoulders, four-foot inside shoulders,
and a 30-foot wide depressed grass
median. The section from PWH to Mack
Road will have continuous illumination
and a 45 mile-per-hour speed limit.
Turn lanes will be included as
appropriate and median breaks will be
placed approximately every one-eighth
to one-half mile along the corridor as
necessary. The existing 10-foot wide
separated multi-use pathway along the
north side of the road would be
reconstructed as necessary. The
environmental effects of the KGB Road
Reconstruction project are evaluated
and described in the Environmental
Assessment (EA) pursuant to the
National Environmental Policy Act. Key
issues identified in the EA include
acquisition of right-of-way, traffic noise,
access to and from KGB Road, project
development is too slow, temporary
construction effects, and concerns from
the City of Wasilla over the design
within city limits. Measures to avoid,
minimize, and/or mitigate adverse
environmental effects are included in
VerDate Sep<11>2014
18:34 Oct 02, 2015
Jkt 238001
the EA and Finding of No Significant
Impact (FONSI).
The actions by the Federal agencies,
and the laws under which such actions
were taken, are described in the EA for
the project, approved on July 13, 2015,
in the FONSI issued on August 31,
2015, and in other documents in the
FHWA project records. The EA, FONSI,
and other project records are available
by contacting FHWA or the State of
Alaska Department of Transportation &
Public Facilities at the addresses
provided above. The EA and FONSI
documents can be viewed and
downloaded from the project Web site at
www.knikgoosebayroad.com or viewed
at 4111 Aviation Avenue, Anchorage,
Alaska 99519.
This notice applies to all Federal
agency decisions as of the issuance date
of this notice and all laws under which
such actions were taken, including but
not limited to:
1. General: National Environmental
Policy Act (NEPA) (42 U.S.C. 4321–
4351 et seq.).
2. Council on Environmental Quality
Regulations (40 CFR parts 1500–
1508).
3. Federal-Aid Highway Act of 1970, 23
U.S.C. 109.
4. MAP–21, the Moving Ahead for
Progress in the 21st Century Act
(Pub. L. 112–141).
5. Migratory Bird Treaty Act (16 U.S.C.
703–712)
6. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as
amended (16 U.S.C. 470(f) et seq.).
7. Clean Water Act (Section 401) (33
U.S.C. 1251–1377) of 1977 and 1987
(Federal Water Pollution Control
Act of 1972).
8. Federal Endangered Species Act of
1973 (16 U.S.C. 1531–1543).
9. Fish and Wildlife Coordination Act of
1934, as amended.
10. Noise Control Act of 1972.
11. Safe Drinking Water Act of 1944, as
amended.
12. Executive Order 11990—Protection
of Wetlands
13. Executive Order 11988—Floodplain
Management
14. Executive Order 13112, Invasive
Species
15. Executive Order 12898, Federal
Actions to Address Environmental
Justice and Low Income
Populations
16. Title VI of the Civil Rights Act of
1964, as amended.
17. Department of Transportation Act of
1966, Section 4(f) (49 U.S.C. 303).
18. Anadromous Fish Conservation Act
[16 U.S.C. 757(a)–757(g)]
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
Magnuson-Stevenson Fishery
Conservation and Management Act
1976 as amended [16 U.S.C. 1801 et
seq.].
19. Historic and Cultural Resources:
Archeological Resources Protection
Act of 1977 [16 U.S.C. 470(aa)–11];
Archeological and Historic
Preservation Act [16 U.S.C. 469–
469(c)].
20. Social and Economic: Farmland
Protection Policy Act (FPPA) [7
U.S.C. 4201–4209].
21. Wetlands and Water Resources:
Coastal Zone Management Act [16
U.S.C. 1451–1465]; Land and Water
Conservation Fund (LWCF) [16
U.S.C. 4601–4604]; Wild and Scenic
Rivers Act [16 U.S.C. 1271–1287].
22. Executive Orders: E.O. 13186
Migratory Birds; E.O. 11514
Protection and Enhancement of
Environmental Quality.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1)
Dated: September 28, 2015.
Sandra A. Garcia-Aline,
Division Administrator, Juneau, Alaska.
[FR Doc. 2015–25229 Filed 10–2–15; 8:45 am]
BILLING CODE 4910–RY–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; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant Daimler Trucks North
America’s (Daimler) application for an
exemption to allow a Daimler employee
to drive commercial motor vehicles
(CMV) in the United States without
having a commercial driver’s license
(CDL) issued by one of the States. The
driver, Christian Urban, 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 commercial
SUMMARY:
E:\FR\FM\05OCN1.SGM
05OCN1
Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices
license 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
commercial license is comparable to or
as 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.
This exemption is effective
October 5, 2015 and expires October 5,
2017.
FOR FURTHER INFORMATION CONTACT: Mrs.
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards;
Telephone: 202–366–4325, Email:
MCPSD@dot.gov, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE. Washington, DC 20590–
0001.
Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, 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 online Federal document management
system is available 24 hours each day,
365 days each year. The docket number
is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
DATES:
mstockstill on DSK4VPTVN1PROD with NOTICES
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)). 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 CDL program and to
CMV programs and safety regulation.
VerDate Sep<11>2014
18:34 Oct 02, 2015
Jkt 238001
Background
In the May 25, 2012, Federal Register
(77 FR 31422) FMCSA granted an
exemption for two of Daimler’s test
drivers similar to the one requested for
Mr. Urban. Each held a valid German
commercial license but lacked the U.S.
residency necessary to obtain a CDL.
FMCSA concluded that the process for
obtaining a German commercial license
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.
Daimler Application for Exemption
Daimler applied for the same CDL
exemption for Christian Urban. Notice
of the application was published on
June 2, 2015 (80 FR 31452). No
comments were received. A copy of the
Daimler request is in the docket
identified at the beginning of this
notice. The exemption allows Mr. Urban
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. Mr. Urban is a citizen
and resident of Germany. Only residents
of a State can apply for a CDL. Without
the exemption, Mr. Urban would not be
able to test-drive prototype CMVs on
U.S. roads.
Mr. Urban holds a valid German
commercial license 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
commercial license ensure that drivers
meet or exceed the same level of safety
as if these drivers had obtained a U.S.
CDL. Mr. Urban is familiar with the
operation of CMVs worldwide and will
be accompanied at all times by a driver
who holds a U.S. CDL and is familiar
with the routes to be traveled. FMCSA
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
60221
has determined that the process for
obtaining a commercial license in
Germany is comparable to that for
obtaining a CDL issued by one of the
States and adequately assesses the
driver’s ability to operate CMVs safely
in the United States.
FMCSA Decision
Based upon the merits of this
application, including Mr. Urban’s
extensive driving experience and safety
record, and the fact that he has
successfully completed the requisite
training and testing to obtain a German
commercial license, 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 and Mr.
Christian Urban an exemption from the
CDL requirement in 49 CFR 383.23 to
allow Mr. Urban 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 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
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 § 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) Mr. Urban 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.
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
E:\FR\FM\05OCN1.SGM
05OCN1
60222
Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Notices
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: September 25, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015–25130 Filed 10–2–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Emergency Relief Program Guidance
Federal Transit Administration
(FTA), U.S. Department of
Transportation (DOT).
ACTION: Notice of availability of final
guidance for FTA’s Emergency Relief
Program.
AGENCY:
The Federal Transit
Administration (FTA) has published
final guidance on FTA’s Emergency
Relief (ER) Program for states and transit
agencies that may be affected by a
declared emergency or disaster and that
may seek Federal funding under FTA’s
ER Program. The guidance is contained
in the newly revised Reference Manual
for States & Transit Agencies on
Response and Recovery from Declared
Disasters and FTA’s Emergency Relief
Program, which replaces Response and
Recovery from Declared Emergencies
and Disasters: A Reference for Transit
Agencies, last updated in June 2013.
This final guidance addresses one
public comment received in response to
the proposed guidance published on
February 4, 2015. In addition to
guidance on the ER Program, this
document provides information on
other disaster relief resources available
through FTA and from the Federal
Emergency Management Agency
(FEMA). This guidance is now available
on FTA’s Web site at www.fta.dot.gov/
emergencyrelief.
FOR FURTHER INFORMATION CONTACT: For
questions about the ER Program, contact
Adam Schildge, Office of Program
Management, 1200 New Jersey Ave. SE.,
Washington, DC 20590, phone: (202)
366–0778, or email, adam.schildge@
dot.gov. For legal questions regarding
the final program regulations, contact
Bonnie Graves, Office of Chief Counsel,
1200 New Jersey Ave. SE., Washington,
DC 20590, phone: (202) 366–0944, or
email, Bonnie.Graves@dot.gov.
SUPPLEMENTARY INFORMATION: The FTA
has published final guidance on FTA’s
ER Program for states and transit
agencies that may be affected by a
declared emergency or disaster and that
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:34 Oct 02, 2015
Jkt 238001
may seek Federal disaster assistance for
emergency related expenses. This
guidance document, Reference Manual
for States & Transit Agencies on
Response and Recovery from Declared
Disasters and FTA’s Emergency Relief
Program, includes information on
disaster relief resources available for
transit systems from both FTA and
FEMA, in addition to detailed program
guidance and application instructions
for FTA’s Emergency Relief Program.
This manual has been produced in
coordination with FEMA, and
incorporates current guidance on FEMA
disaster relief programs. It also includes
guidance for transit agencies on the
appropriate circumstances under which
to apply to FTA or FEMA for disaster
relief assistance.
This reference manual includes
background information on other
sources of Federal disaster relief
assistance, in addition to recommended
practices for states and transit agencies
for disaster preparation and response
previously included in ‘‘Response and
Recovery from Declared Emergencies
and Disasters: A Reference for Transit
Agencies.’’ This information has been
updated and is contained in Chapters 1,
2 and 3 of this reference manual.
Guidance specific to FTA’s ER
Program is contained in Chapter 4 of
this reference manual.
This includes an overview of eligible
recipients, eligible projects, application
procedures, and other key program
policies and requirements. The
guidance in this manual is based on
final program regulations published on
October 7, 2014 at 49 C.F.R part 602 (79
FR 60349), which were developed
through a public notice and comment
process. The guidance document
includes previously issued policy
statements and information from
Federal Register notices that FTA
published subsequent to Hurricane
Sandy.
The final Emergency Relief program
guidance incorporates several
clarifications in response to the one
consolidated public comment received
on the proposed guidance published
February 4, 2015. Specific comments
and responses are explained below:
Chapter 1: Introduction
Comment 1: The commenter suggests
that FTA avoid using the term ‘‘should’’
in the context of recommended
practices, because local circumstances
may make certain disaster relief
preparation recommendations
inappropriate or insufficient.
FTA response: The final guidance
retains the use of ‘‘should’’ where
appropriate. The term ‘‘should’’ is not
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
intended to impose a requirement, but
is used where the recommendation is
clear and consistent for the majority of
potentially affected transit agencies.
Chapter 2: Disaster Preparation
Considerations for Transit Agencies
Comment 2: Given the wide range of
governmental structures and variation
across regions with regard to the
mandate and/or capacity of
Metropolitan Planning Organizations
(MPOs), Emergency Operations Centers
(EOCs), transit agencies, and local
governments, the commenter suggests
that the section on coordinating and
pre-planning evacuations should be
revised to lay out the critical activities
involved in coordinating an evacuation,
without assigning responsibilities.
FTA Response: This manual is
directed specifically to transit agencies
and related entities, and contains
recommendations on the types of
coordination, in which a transit agency
should be involved. Such
recommendations do not override local
arrangements where a transit agency is
a subordinate party to such a
coordinated emergency plan.
In response, this section has been
revised to emphasize cooperation with
other responsible organizations and
levels of government.
Comment 3: Regarding the manual’s
recommendation that transit agencies
develop policies for suspending fare
collection during an emergency, the
commenter noted that the decision to
suspend fares is likely to depend on
particular circumstances of the
emergency and that transit agencies
should have flexibility to make this
decision on a case-by-case basis.
FTA response: The section has been
clarified to emphasize that this
recommendation pertains not only to
the development of policies on when
and how such a decision might be
made, but also to the development of
operational plans for implementing
such a policy.
Comment 4: With regard to
contracting requirements, the
commenter recommends that FTA add a
discussion regarding the recommended
use of federal provisions in emergency
response and recovery contracts and to
clarify the timeline and potential for
waivers of Federal contracting
requirements.
FTA response: The FTA has added
language to clarify that although
contracting provisions and requirements
may be waived, recipients should not
assume that FTA will waive
requirements; therefore it is advisable to
follow Federal procurement
requirements for any emergency relief
E:\FR\FM\05OCN1.SGM
05OCN1
]]>Agencies
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60220-60222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25130]
-----------------------------------------------------------------------
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 Daimler Trucks North
America's (Daimler) application for an exemption to allow a Daimler
employee to drive commercial motor vehicles (CMV) in the United States
without having a commercial driver's license (CDL) issued by one of the
States. The driver, Christian Urban, 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 commercial
[[Page 60221]]
license 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 commercial license is comparable to or as 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 October 5, 2015 and expires October
5, 2017.
FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325, Email: MCPSD@dot.gov,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE.
Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, 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 Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
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)). 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 CDL program and to CMV programs and
safety regulation.
Background
In the May 25, 2012, Federal Register (77 FR 31422) FMCSA granted
an exemption for two of Daimler's test drivers similar to the one
requested for Mr. Urban. Each held a valid German commercial license
but lacked the U.S. residency necessary to obtain a CDL. FMCSA
concluded that the process for obtaining a German commercial license 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.
Daimler Application for Exemption
Daimler applied for the same CDL exemption for Christian Urban.
Notice of the application was published on June 2, 2015 (80 FR 31452).
No comments were received. A copy of the Daimler request is in the
docket identified at the beginning of this notice. The exemption allows
Mr. Urban 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. Mr. Urban is a citizen and resident of Germany.
Only residents of a State can apply for a CDL. Without the exemption,
Mr. Urban would not be able to test-drive prototype CMVs on U.S. roads.
Mr. Urban holds a valid German commercial license 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
commercial license ensure that drivers meet or exceed the same level of
safety as if these drivers had obtained a U.S. CDL. Mr. Urban is
familiar with the operation of CMVs worldwide and will be accompanied
at all times by a driver who holds a U.S. CDL and is familiar with the
routes to be traveled. FMCSA has determined that the process for
obtaining a commercial license in Germany is comparable to that for
obtaining a CDL issued by one of the States and adequately assesses the
driver's ability to operate CMVs safely in the United States.
FMCSA Decision
Based upon the merits of this application, including Mr. Urban's
extensive driving experience and safety record, and the fact that he
has successfully completed the requisite training and testing to obtain
a German commercial license, 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 Mr. Christian Urban an exemption from the
CDL requirement in 49 CFR 383.23 to allow Mr. Urban 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 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 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 2 years unless revoked earlier by the FMCSA. The exemption
will be revoked if (1) Mr. Urban 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.
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
[[Page 60222]]
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: September 25, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-25130 Filed 10-2-15; 8:45 am]
BILLING CODE 4910-EX-P
