Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler), 62790-62792 [2016-21836]
Download as PDF
<![CDATA[
62790
Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
copies of the OMB clearance package by
writing to OR.Reports.Clearance@
ssa.gov.
Request to Withdraw a Hearing
Request; Request to Withdraw an
Appeals Council Request for Review;
and Administrative Review Process for
Adjudicating Initial Disability Claims—
20 CFR parts 404, 405, and 416—0960–
0710. Claimants have a statutory right
under the Act and current regulations to
apply for Social Security Disability
Insurance (SSDI) benefits or SSI
payments. SSA collects information at
each step of the administrative process
to adjudicate claims fairly and
efficiently. SSA collects this
information to establish a claimant’s
right to administrative review and
determine the severity of the claimant’s
alleged impairments. SSA uses the
information we collect to determine
entitlement or continuing eligibility to
SSDI benefits or SSI payments, and to
Number of
respondents
20 CFR Section No.
enable appeals of these determinations.
In addition, SSA collects information on
Forms HA–85 and HA–86 to allow
claimants to withdraw a hearing request
or an Appeals Council review request.
The respondents are applicants for Title
II SSDI or Title XVI SSI benefits; their
appointed representatives; legal
advocates; medical sources; and
schools.
Type of Request: Revision of an OMBapproved information collection.
Frequency of
response
Average
burden per
response
(minutes)
Estimated
annual
burden
(hours)
404.961, 416.1461, 405.330, and 405.366 .....................................................
404.950, 416.1450, and 405.332 ....................................................................
404.949 and 416.1449 .....................................................................................
405.334 ............................................................................................................
404.957, 416.1457, and 405.380 ....................................................................
405.381 ............................................................................................................
405.401 ............................................................................................................
404.971 and 416.1471 (HA–85; HA–86) .........................................................
404.982 and 416.1482 .....................................................................................
404.987 & 404.988 and 416.1487 & 416.148 and 405.601 ............................
405.372(c) ........................................................................................................
405.1(b)(5), 405.372(b) ....................................................................................
405.505 ............................................................................................................
405.1(c)(2) .......................................................................................................
405.20 ..............................................................................................................
12,220
1,040
2,868
20
21,041
37
5,310
1,606
1,687
12,425
5,310
833
833
5,310
5,310
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
20
20
60
60
10
30
10
10
30
30
10
30
30
10
10
4,073
347
2,868
20
3,507
19
885
268
844
6,213
885
417
417
885
885
Totals ........................................................................................................
75,850
........................
........................
22,533
Dated: September 7, 2016.
Naomi R. Sipple,
Reports Clearance Officer, Social Security
Administration.
[FR Doc. 2016–21834 Filed 9–9–16; 8:45 am]
BILLING CODE 4191–02–P
SURFACE TRANSPORTATION BOARD
[Docket No. EP 552 (Sub-No. 20)]
Railroad Revenue Adequacy—2015
Determination
Surface Transportation Board.
ACTION: Notice of decision.
AGENCY:
On September 8, 2016, the
Board served a decision announcing the
2015 revenue adequacy determinations
for the Nation’s Class I railroads. Four
carriers, BNSF Railway Company,
Grand Trunk Corporation, Soo Line
Corporation, and Union Pacific Railroad
Company, were found to be revenue
adequate.
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
Effective Date: This decision is
effective on September 8, 2016.
FOR FURTHER INFORMATION CONTACT:
Pedro Ramirez, (202) 245–0333.
Assistance for the hearing impaired is
available through Federal Information
Relay Service (FIRS) at (800) 877–8339.
DATES:
VerDate Sep<11>2014
18:40 Sep 09, 2016
Jkt 238001
The Board
is required to make an annual
determination of railroad revenue
adequacy. A railroad is considered
revenue adequate under 49 U.S.C.
10704(a) if it achieves a rate of return on
net investment (ROI) equal to at least
the current cost of capital for the
railroad industry for 2015, determined
to be 9.61% in Railroad Cost of
Capital—2015, EP 558 (Sub-No. 19)
(STB served August 5, 2016). This
revenue adequacy standard was applied
to each Class I railroad. Four carriers,
BNSF Railway Company, Grand Trunk
Corporation, Soo Line Corporation, and
Union Pacific Railroad Company, were
found to be revenue adequate for 2015.
The decision in this proceeding is
posted on the Board’s Web site at
www.stb.dot.gov. Copies of the decision
may be purchased by contacting the
Office of Public Assistance,
Governmental Affairs, and Compliance
at (202) 245–0238. Assistance for the
hearing impaired is available through
FIRS at (800) 877–8339.
SUPPLEMENTARY INFORMATION:
Decided: September 6, 2016.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
By the Board, Chairman Elliott, Vice
Chairman Miller, and Commissioner
Begeman.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2016–21869 Filed 9–9–16; 8:45 am]
BILLING CODE 4915–01–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 renewal for one 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. Dr. Wolfgang Bernhard is the
SUMMARY:
E:\FR\FM\12SEN1.SGM
12SEN1
Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
head of the Daimler Trucks and Buses
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 commercial
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-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, 2016, and expires August 28,
2018.
ADDRESSES:
Docket: For access to the docket to
read background documents or
comments, 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 FDMS is available
24 hours each day, 365 days each year.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
please contact Mr. Tom Yager, Chief,
FMCSA Driver and Carrier Operations
Division; Telephone: (614) 942–6477.
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
sradovich on DSK3GMQ082PROD with NOTICES
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
www.regulations.gov and insert the
docket number, ‘‘FMCSA–2012–0032 in
the ‘‘Keyword’’ box and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
Internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
VerDate Sep<11>2014
18:40 Sep 09, 2016
Jkt 238001
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from the Federal Motor Carrier Safety
Regulations. FMCSA must publish a
notice of each exemption request in the
Federal Register (49 CFR 381.315(a)).
The Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews the safety
analyses and the public comments, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reason for the
grant or denial, 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 also specify the effective period of
the exemption (up to 5 years), and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
Section 5206(a)(3) of the ‘‘Fixing
America’s Surface Transportation Act,’’
(FAST Act), [Pub. L.114–94, 129
Stat.1312, 1537, Dec.4, 2015] amended
49 U.S.C. 31315(b) by adding a new
paragraph (2) which permits exemptions
for no longer than 5 years from their
dates of inception, instead of the
previous 2 years. This statutory
provision will be codified in 49 CFR
part 381 in a forthcoming rulemaking.
III. Request for Exemption
Daimler requests a renewal of its
exemption from 49 CFR 383.23, which
prescribes licensing requirements for
drivers operating CMVs in interstate or
intrastate commerce, for the next 5 years
for the chief executive of its Trucks and
Buses Division. Dr. Wolfgang Bernhard,
holds a valid German commercial
license, but is unable to obtain a CDL in
any of the U.S. States due to residency
requirements. A copy of the request for
renewal, dated February 22 and 23,
2016, is in the docket identified at the
beginning of this notice.
FMCSA initially granted an
exemption to Dr. Bernhard on August
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
62791
29, 2014 (79 FR 51641). This exemption
was effective August 29, 2014, and
expires August 29, 2016. Detailed
information about the qualifications and
experience of Dr. Bernhard was
provided by Daimler in its original
application, a copy of which is in the
docket. Renewal of the exemption will
enable Dr. Bernhard to operate CMVs in
interstate or intrastate commerce to
support Daimler field tests designed to
meet future vehicle safety and
environmental requirements and to
promote technological advancements in
vehicle safety systems and emissions
reductions. Dr. Bernhard needs to drive
Daimler vehicles on public roads to
better understand ‘‘real world’’
environments in the U.S. market.
According to Daimler, Dr. Bernhard will
typically drive for no more than 6 hours
per day for 2 consecutive days, and that
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. He will in all cases be
accompanied by a holder of a U.S. CDL
who is familiar with the routes to be
traveled.
Daimler has explained in prior
exemption requests that the German
knowledge and skills tests and training
program ensure that Daimler’s drivers
operating under the exemption will
achieve a level of safety that is
equivalent to, or greater than, the level
of safety obtained by complying with
the U.S. requirement for a CDL.
Furthermore, according to Daimler, Dr.
Bernhard is familiar with the operation
of CMVs worldwide.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
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. Since 2012, FMCSA has granted
Daimler drivers similar exemptions
[May 25, 2012 (77 FR 31422); July 22,
2014 (79 FR 42626); March 27, 2015 (80
FR 16511); October 5, 2015 (80 FR
60220); December 7, 2015 (80 FR
76059); December 21, 2015 (80 FR
79410)].
V. Public Comments
On March 28, 2016, FMCSA
published notice of this application and
requested public comment (81 FR
17242). No comments were submitted.
E:\FR\FM\12SEN1.SGM
12SEN1
62792
Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
VI. 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
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).
VII. 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 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 5 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.
sradovich on DSK3GMQ082PROD with NOTICES
VIII. Preemption
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
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.
VerDate Sep<11>2014
18:40 Sep 09, 2016
Jkt 238001
Issued on: August 31, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016–21836 Filed 9–9–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
I. Public Participation
[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 an exemption to
Daimler Trucks North America
(Daimler) for one of its commercial
motor vehicle (CMV) drivers. Daimler
requested an exemption from the
Federal requirement to hold a U.S.
commercial driver’s license (CDL) for
Mr. Henning Oeltjenbruns, a general
manager of the Daimler Truck Plant in
Cleveland, NC. Mr. Oeltjenbruns wants
to test drive Daimler vehicles on U.S.
roads to better understand product
requirements in ‘‘real world’’
environments, and verify results.
Daimler believes the requirements for a
German commercial license ensure that
operation under the exemption will
likely achieve a level of safety
equivalent to or greater than the level
that would be obtained in the absence
of the exemption.
DATES: This exemption is effective
September 12, 2016 through September
12, 2018.
ADDRESSES:
Docket: For access to the docket to
read background documents or
comments, 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 FDMS is available
24 hours each day, 365 days each year.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
SUMMARY:
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
For
information concerning this notice,
please contact Mr. Tom Yager, Chief,
FMCSA Driver and Carrier Operations
Division; Telephone: (614) 942–6477.
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
www.regulations.gov and insert the
docket number, ‘‘FMCSA–2012–0032’’
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click the ‘‘Open Docket
Folder’’ button and choose the
document to review. If you do not have
access to the Internet, you may view the
docket online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from the Federal Motor Carrier Safety
Regulations. FMCSA must publish a
notice of each exemption request in the
Federal Register (49 CFR 381.315(a)).
The Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews the safety
analyses and the public comments, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reason for the
grant or denial, 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 also specify the effective period of
the exemption (up to 5 years), and
explain its terms and conditions. The
exemption may be renewed (49 CFR
381.300(b)).
Section 5206(a)(3) of the ‘‘Fixing
America’s Surface Transportation Act,’’
(FAST Act) [Pub. L. 114–94, 129 Stat.
E:\FR\FM\12SEN1.SGM
12SEN1
]]>Agencies
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62790-62792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21836]
=======================================================================
-----------------------------------------------------------------------
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 renewal for one
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. Dr. Wolfgang Bernhard is the
[[Page 62791]]
head of the Daimler Trucks and Buses 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 commercial 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-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, 2016, and expires August
28, 2018.
ADDRESSES:
Docket: For access to the docket to read background documents or
comments, 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 FDMS is available 24 hours each
day, 365 days each year.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, please contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Telephone: (614) 942-6477. Email: MCPSD@dot.gov.
If you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2012-0032 in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the Internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the grant or denial, 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 also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
Section 5206(a)(3) of the ``Fixing America's Surface Transportation
Act,'' (FAST Act), [Pub. L.114-94, 129 Stat.1312, 1537, Dec.4, 2015]
amended 49 U.S.C. 31315(b) by adding a new paragraph (2) which permits
exemptions for no longer than 5 years from their dates of inception,
instead of the previous 2 years. This statutory provision will be
codified in 49 CFR part 381 in a forthcoming rulemaking.
III. Request for Exemption
Daimler requests a renewal of its exemption from 49 CFR 383.23,
which prescribes licensing requirements for drivers operating CMVs in
interstate or intrastate commerce, for the next 5 years for the chief
executive of its Trucks and Buses Division. Dr. Wolfgang Bernhard,
holds a valid German commercial license, but is unable to obtain a CDL
in any of the U.S. States due to residency requirements. A copy of the
request for renewal, dated February 22 and 23, 2016, is in the docket
identified at the beginning of this notice.
FMCSA initially granted an exemption to Dr. Bernhard on August 29,
2014 (79 FR 51641). This exemption was effective August 29, 2014, and
expires August 29, 2016. Detailed information about the qualifications
and experience of Dr. Bernhard was provided by Daimler in its original
application, a copy of which is in the docket. Renewal of the exemption
will enable Dr. Bernhard to operate CMVs in interstate or intrastate
commerce to support Daimler field tests designed to meet future vehicle
safety and environmental requirements and to promote technological
advancements in vehicle safety systems and emissions reductions. Dr.
Bernhard needs to drive Daimler vehicles on public roads to better
understand ``real world'' environments in the U.S. market. According to
Daimler, Dr. Bernhard will typically drive for no more than 6 hours per
day for 2 consecutive days, and that 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. He will in all cases be accompanied by a holder of a
U.S. CDL who is familiar with the routes to be traveled.
Daimler has explained in prior exemption requests that the German
knowledge and skills tests and training program ensure that Daimler's
drivers operating under the exemption will achieve a level of safety
that is equivalent to, or greater than, the level of safety obtained by
complying with the U.S. requirement for a CDL. Furthermore, according
to Daimler, Dr. Bernhard is familiar with the operation of CMVs
worldwide.
IV. Method To Ensure an Equivalent or Greater Level of Safety
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. Since 2012, FMCSA has granted Daimler
drivers similar exemptions [May 25, 2012 (77 FR 31422); July 22, 2014
(79 FR 42626); March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR
60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR
79410)].
V. Public Comments
On March 28, 2016, FMCSA published notice of this application and
requested public comment (81 FR 17242). No comments were submitted.
[[Page 62792]]
VI. 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 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).
VII. 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
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 5 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.
VIII. Preemption
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 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: August 31, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-21836 Filed 9-9-16; 8:45 am]
BILLING CODE 4910-EX-P
