Commercial Driver's License: Daimler; Application for Exemption; Daimler Truck North America LLC (Daimler), 30830-30832 [2023-10108]

Download as PDF 30830 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices CPR certifies that the agreement governing the proposed transaction does not impose or include an interchange commitment. CPR further certifies that its projected annual revenues will not exceed $5 million and will not result in CPR’s becoming a Class I or Class II rail carrier. Under 49 CFR 1150.42(b), a change in operator requires that notice be given to shippers. CPR certifies that notice of the proposed transaction has been provided to shippers on the Line. The earliest this transaction may be consummated is May 26, 2023 (30 days after the filing date of the verified notice of exemption).3 If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than May 19, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36679, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on CPR’s representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 2001 Market Street, Suite 2620, Philadelphia, PA 19103. According to CPR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: May 9, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Raina White, Clearance Clerk. [FR Doc. 2023–10179 Filed 5–11–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD lotter on DSK11XQN23PROD with NOTICES1 60-Day Notice of Intent To Seek Extension of Approval: Report of Fuel Cost, Consumption, and Surcharge Revenue AGENCY: Surface Transportation Board. the Line, including the lease of the Line between ORC and GDOT. 3 CPR’s supplement, indicating that CPR’s annual freight revenue will not exceed $5 million, was filed on April 26, 2023, which therefore is deemed the filing date of the verified notice. VerDate Sep<11>2014 19:11 May 11, 2023 Jkt 259001 Notice and request for comments. ACTION: As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of the Report of Fuel Cost, Consumption, and Surcharge Revenue, as described below. DATES: Comments on this information collection should be submitted by July 11, 2023. ADDRESSES: Direct all comments to Chris Oehrle, Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001, or to PRA@stb.gov. When submitting comments, please refer to ‘‘Paperwork Reduction Act Comments, Report of Fuel Cost, Consumption, and Surcharge Revenue.’’ For further information regarding this collection, contact Mike Higgins at (866) 254–1792 (toll-free) or 202–245–0238, or by emailing rcpa@stb.gov. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. SUPPLEMENTARY INFORMATION: Comments are requested concerning: (1) the accuracy of the Board’s burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate; and (4) whether the collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board’s request for OMB approval. SUMMARY: Description of Collection Title: Report of Fuel Cost, Consumption, and Surcharge Revenue. OMB Control Number: 2140–0014. STB Form Number: None. Type of Review: Extension without change. Respondents: Class I [large] railroads. Number of Respondents: Seven. Estimated Time per Response: One hour. Frequency: Quarterly. Total Burden Hours (annually including all respondents): 28. Total ‘‘Non-Hour Burden’’ Cost: None identified. Filings are submitted electronically to the Board. Needs and Uses: Under 49 U.S.C. 10702, the Board has the authority to PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 address the reasonableness of a rail carrier’s practices. This information collection permits the Board to monitor the current fuel surcharge practices of the Class I carriers. Failure to collect this information would impede the Board’s ability to fulfill its statutory responsibilities. The Board has authority to collect information about rail costs and revenues under 49 U.S.C. 11144 and 11145. The Board makes this submission because, under the PRA, a Federal agency that conducts or sponsors a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under 44 U.S.C. 3506(c)(2)(A), Federal agencies are required to provide, prior to an agency’s submitting a collection to OMB for approval, a 60-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Dated: May 9, 2023. Kenyatta Clay, Clearance Clerk. [FR Doc. 2023–10201 Filed 5–11–23; 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: Daimler; Application for Exemption; Daimler Truck North America LLC (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 an exemption from the commercial driver’s license (CDL) requirements to Daimler Truck North America LLC (Daimler) for one commercial motor vehicle (CMV) driver, Dr Andreas Gorbach, Executive Vice President and Board of Management Member for Daimler. Dr. Gorbach holds a valid German commercial license and wants to operate CMVs in interstate or intrastate commerce to support Daimler field tests designed to meet future vehicle safety and environmental requirements. FMCSA reviewed Dr. SUMMARY: E:\FR\FM\12MYN1.SGM 12MYN1 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices Gorbach’s commercial license records provided by Daimler and believes the requirements for a German commercial license will ensure that Dr. Gorbach’s operation of a CMV under this 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: The exemption is effective May 12, 2023 and expires May 12, 2028. FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA, at (202) 385–2415 or by email at bernadette.walker@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation lotter on DSK11XQN23PROD with NOTICES1 Viewing Comments and Documents To view comments, go to www.regulations.gov, insert the docket number ‘‘FMCSA–2012–0032’’ in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, click ‘‘Browse Comments.’’ To view documents mentioned in this notice as being available in the docket, go to www.regulations.gov, insert the docket number ‘‘FMCSA–2012–0032’’ in the keyword box, click ‘‘Search,’’ and chose the document to review. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations 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., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Dockets Operations. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from certain 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 safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level VerDate Sep<11>2014 19:11 May 11, 2023 Jkt 259001 of safety equivalent to, or greater than, the level that would be achieved by the current regulation in accordance with 49 U.S.C. 31315(b)(1). The Agency’s decision must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Current Regulatory Requirements Current Regulation(s) Requirements Under 49 CFR 383.23, no person shall operate a CMV without having taken and passed knowledge and driving skills tests for a commercial learner’s permit or CDL that meet the Federal standards contained in subparts F, G, and H of 49 CFR part 383 for the CMV that person operates or expects to operate. Applicant’s Request Daimler has applied for an exemption for Dr. Andreas Gorbach from 49 CFR 383.23, which prescribes licensing requirements for drivers operating CMVs in interstate or intrastate commerce. Dr. Gorbach is unable to obtain a CDL due to his lack of residency in the United States. The exemption would enable Dr. Andreas Gorbach to operate CMVs in interstate or intrastate commerce to support Daimler field tests designed to meet future vehicle safety and environmental requirements. Daimler requests that the exemption cover the maximum allowable duration of five years. IV. Method To Ensure an Equivalent or Greater Level of Safety According to Daimler, the requirements for a German commercial license ensure that the same level of safety is met or exceeded as if this driver had a CDL issued by one of the States. Daimler asserts that Dr. Gorbach will be accompanied at all times by an experienced Daimler CDL holder who is familiar with the routes to be traveled in case of any unforeseen circumstance. Additionally, Daimler provided a statement of Dr. Gorbach’s driving history. V. Public Comments On October 17, 2022, FMCSA published notice of the Daimler application and requested public comments (87 FR 62918). The Agency PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 30831 received one comment in support of the application; the commenter made the following statement: ‘‘I believe that Dr. Andreas Gorbach will not cause undo harm to other[s] if allowed to drive with his German CDL in the United States.’’ VI. FMCSA Decision FMCSA has determined that the process for obtaining a CDL in Germany is comparable to the process for obtaining a State-issued CDL and therefore adequately ensures that this driver can safely operate a CMV in the United States. Based on the information provided by Daimler, as described in section IV, including the driver’s experience and safety record, FMCSA concludes that the exemption, subject to the terms and conditions set forth in section VII, 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 49 U.S.C. 31315(b)(1).1 VII. Terms and Conditions for the Exemption This exemption applies only to Daimler driver Dr. Andreas Gorbach. This driver is granted an exemption from the CDL requirement in 49 CFR 383.23 to allow him to drive CMVs in the United States without a State-issued CDL. When operating under this exemption, the driver is subject to the following terms and conditions: (1) The driver and Daimler must comply with all other applicable provisions of the Federal Motor Carrier Safety Regulations (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 State-issued 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 Dr. Gorbach; (6) Daimler must notify FMCSA in writing if Dr. Gorbach is convicted of an offense listed in § 383.51 or a disqualifying offense under § 391.15 of 1 FMCSA has granted Daimler drivers similar exemptions: 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); July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496); August 17, 2017 (82 FR 39151); September 10, 2018 (83 FR 45742); and September 28, 2020 (85 FR 60782). E:\FR\FM\12MYN1.SGM 12MYN1 30832 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices the Federal Motor Carrier Safety Regulations; and (7) Daimler must subject the driver to a drug and alcohol testing program substantially equivalent to the requirements in 49 CFR part 382 (excluding the Clearinghouse requirements in subpart G). Daimler must ensure that the testing program for Dr. Gorbach complies with the procedures set forth in 49 CFR part 40, as required by 49 CFR 382.105. Preemption [FR Doc. 2023–10108 Filed 5–11–23; 8:45 am] Under the exemption, Daimler must notify FMCSA within 5 business days of any positive drug or alcohol tests or test refusal, or accident (as defined in 49 CFR 390.5), involving Dr. Andreas Gorbach while operating a CMV under the terms of this exemption. The notification about accidents must include the following information: a. Identifier of the Exemption: ‘‘Daimler—Dr. Gorbach;’’ b. Name of operating carrier and USDOT number; c. Date of the accident or date of the positive test result or refusal; d. City or town, and State, in which the accident occurred, or closest to the accident scene; e. Driver’s name and license number; f. Co-driver’s name (if any) and license number; g. Vehicle number and State license number; h. Number of individuals suffering physical injury; i. Number of fatalities; j. The police-reported cause of the accident, if provided by the enforcement agency; k. Whether the driver was cited for violation of any traffic laws, motor carrier safety regulations; and l. The total on-duty time accumulated during the 7 consecutive days prior to the date of the accident, and the total on-duty time and driving time in the work shift prior to the accident. VIII. Termination FMCSA has no reason to believe the motor carrier and driver covered by this 19:11 May 11, 2023 DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: See SUPPLEMENTARY INFORMATION section for applicable date(s). FOR FURTHER INFORMATION CONTACT: OFAC: Andrea Gacki, Director, tel.: 202–622–2490; Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; or the Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622– 2490. SUPPLEMENTARY INFORMATION: SUMMARY: Notification to FMCSA lotter on DSK11XQN23PROD with NOTICES1 Robin Hutcheson, Administrator. BILLING CODE 4910–EX–P 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 commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. VerDate Sep<11>2014 exemption will experience any deterioration of their safety record. However, should this occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. FMCSA will immediately revoke the exemption for failure to comply with its terms and conditions. Jkt 259001 Electronic Availability The SDN List and additional information concerning OFAC sanctions programs are available on OFAC’s website (https://ofac.treasury.gov). Notice of OFAC Actions On May 9, 2023, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 Individuals 1. OGAZON SEDANO, Mario Esteban, Villa Calomato 3595, Fraccionamiento Colinas de la Rivera, Culiacan, Sinaloa, Mexico; DOB 14 Jul 1980; POB Sinaloa, Mexico; nationality Mexico; Gender Male; C.U.R.P. OASM800714HSLGDR00 (Mexico) (individual) [ILLICIT–DRUGS–EO14059]. Designated pursuant to section 1(a)(i) of Executive Order 14059 of December 15, 2021, ‘‘Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade,’’ 86 FR 71549 (December 17, 2021) (E.O. 14059) for having engaged in, or attempted to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the international proliferation of illicit drugs or their means of production. 2. GUZMAN LOPEZ, Joaquin (a.k.a. ‘‘El Guero’’; a.k.a. ‘‘Guero Moreno’’; a.k.a. ‘‘Moreno’’), Sinaloa, Mexico; DOB 16 Jul 1986; POB Sonora, Mexico; nationality Mexico; Gender Male; C.U.R.P. GULJ860716HSRZPQ01 (Mexico) (individual) [ILLICIT–DRUGS–EO14059]. Designated pursuant to section 1(a)(i) of Executive Order 14059 of December 15, 2021, ‘‘Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade,’’ 86 FR 71549 (December 17, 2021) (E.O. 14059) for having engaged in, or attempted to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the international proliferation of illicit drugs or their means of production. 3. PAEZ LOPEZ, Saul, Mexico; DOB 31 Jan 1994; POB Sinaloa, Mexico; nationality Mexico; Gender Male; C.U.R.P. PALS940131HSLZPL01 (Mexico) (individual) [ILLICIT–DRUGS–EO14059]. Designated pursuant to section 1(a)(i) of Executive Order 14059 of December 15, 2021, ‘‘Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade,’’ 86 FR 71549 (December 17, 2021) (E.O. 14059) for having engaged in, or attempted to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the international proliferation of illicit drugs or their means of production. 4. PEREZ URIBE, Raymundo, Mexico; DOB 10 Feb 1951; POB Mexico City, Mexico; nationality Mexico; Gender Male; C.U.R.P. PEUR510210HDFRRY09 (Mexico) (individual) [ILLICIT–DRUGS–EO14059]. Designated pursuant to section 1(a)(i) of Executive Order 14059 of December 15, 2021, ‘‘Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade,’’ 86 FR 71549 (December 17, 2021) (E.O. 14059) for having engaged in, or attempted to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the international proliferation of illicit drugs or their means of production. Entities 5. URBANIZACION, INMOBILIARIA Y CONSTRUCCION DE OBRAS, S.A. DE C.V., Culiacan, Sinaloa, Mexico; Blvd. Pedro Maria Anaya 2498 NTE, Col. Villa Universidad, E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30830-30832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10108]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]


Commercial Driver's License: Daimler; Application for Exemption; 
Daimler Truck North America LLC (Daimler)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; granting of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant an exemption from the 
commercial driver's license (CDL) requirements to Daimler Truck North 
America LLC (Daimler) for one commercial motor vehicle (CMV) driver, Dr 
Andreas Gorbach, Executive Vice President and Board of Management 
Member for Daimler. Dr. Gorbach holds a valid German commercial license 
and wants to operate CMVs in interstate or intrastate commerce to 
support Daimler field tests designed to meet future vehicle safety and 
environmental requirements. FMCSA reviewed Dr.

[[Page 30831]]

Gorbach's commercial license records provided by Daimler and believes 
the requirements for a German commercial license will ensure that Dr. 
Gorbach's operation of a CMV under this 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: The exemption is effective May 12, 2023 and expires May 12, 
2028.

FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA, at (202) 385-2415 or by email at 
[email protected]. If you have questions on viewing or 
submitting material to the docket, contact Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2012-0032'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2012-0032'' in the keyword box, click ``Search,'' and chose the 
document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets Operations 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., ET, Monday through Friday, except 
Federal holidays. To be sure someone is there to help you, please call 
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain 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 safety analyses and public comments submitted 
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 in accordance with 49 U.S.C. 
31315(b)(1). The Agency's decision must be published in the Federal 
Register (49 CFR 381.315(b)) with the reasons for denying or granting 
the application and, if granted, the name of the person or class of 
persons receiving the exemption, and the regulatory provision from 
which the exemption is granted. The notice must also specify the 
effective period (up to 5 years) and explain the terms and conditions 
of the exemption. The exemption may be renewed (49 CFR 381.300(b)).

III. Current Regulatory Requirements

Current Regulation(s) Requirements

    Under 49 CFR 383.23, no person shall operate a CMV without having 
taken and passed knowledge and driving skills tests for a commercial 
learner's permit or CDL that meet the Federal standards contained in 
subparts F, G, and H of 49 CFR part 383 for the CMV that person 
operates or expects to operate.

Applicant's Request

    Daimler has applied for an exemption for Dr. Andreas Gorbach from 
49 CFR 383.23, which prescribes licensing requirements for drivers 
operating CMVs in interstate or intrastate commerce. Dr. Gorbach is 
unable to obtain a CDL due to his lack of residency in the United 
States. The exemption would enable Dr. Andreas Gorbach to operate CMVs 
in interstate or intrastate commerce to support Daimler field tests 
designed to meet future vehicle safety and environmental requirements. 
Daimler requests that the exemption cover the maximum allowable 
duration of five years.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    According to Daimler, the requirements for a German commercial 
license ensure that the same level of safety is met or exceeded as if 
this driver had a CDL issued by one of the States. Daimler asserts that 
Dr. Gorbach will be accompanied at all times by an experienced Daimler 
CDL holder who is familiar with the routes to be traveled in case of 
any unforeseen circumstance. Additionally, Daimler provided a statement 
of Dr. Gorbach's driving history.

V. Public Comments

    On October 17, 2022, FMCSA published notice of the Daimler 
application and requested public comments (87 FR 62918). The Agency 
received one comment in support of the application; the commenter made 
the following statement: ``I believe that Dr. Andreas Gorbach will not 
cause undo harm to other[s] if allowed to drive with his German CDL in 
the United States.''

VI. FMCSA Decision

    FMCSA has determined that the process for obtaining a CDL in 
Germany is comparable to the process for obtaining a State-issued CDL 
and therefore adequately ensures that this driver can safely operate a 
CMV in the United States. Based on the information provided by Daimler, 
as described in section IV, including the driver's experience and 
safety record, FMCSA concludes that the exemption, subject to the terms 
and conditions set forth in section VII, 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 49 U.S.C. 
31315(b)(1).\1\
---------------------------------------------------------------------------

    \1\ FMCSA has granted Daimler drivers similar exemptions: 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); July 12, 2016 (81 FR 45217); July 25, 2016 (81 
FR 48496); August 17, 2017 (82 FR 39151); September 10, 2018 (83 FR 
45742); and September 28, 2020 (85 FR 60782).
---------------------------------------------------------------------------

VII. Terms and Conditions for the Exemption

    This exemption applies only to Daimler driver Dr. Andreas Gorbach. 
This driver is granted an exemption from the CDL requirement in 49 CFR 
383.23 to allow him to drive CMVs in the United States without a State-
issued CDL. When operating under this exemption, the driver is subject 
to the following terms and conditions:
    (1) The driver and Daimler must comply with all other applicable 
provisions of the Federal Motor Carrier Safety Regulations (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 State-issued 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 Dr. Gorbach;
    (6) Daimler must notify FMCSA in writing if Dr. Gorbach is 
convicted of an offense listed in Sec.  383.51 or a disqualifying 
offense under Sec.  391.15 of

[[Page 30832]]

the Federal Motor Carrier Safety Regulations; and
    (7) Daimler must subject the driver to a drug and alcohol testing 
program substantially equivalent to the requirements in 49 CFR part 382 
(excluding the Clearinghouse requirements in subpart G). Daimler must 
ensure that the testing program for Dr. Gorbach complies with the 
procedures set forth in 49 CFR part 40, as required by 49 CFR 382.105.
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 commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.
Notification to FMCSA
    Under the exemption, Daimler must notify FMCSA within 5 business 
days of any positive drug or alcohol tests or test refusal, or accident 
(as defined in 49 CFR 390.5), involving Dr. Andreas Gorbach while 
operating a CMV under the terms of this exemption. The notification 
about accidents must include the following information:
    a. Identifier of the Exemption: ``Daimler--Dr. Gorbach;''
    b. Name of operating carrier and USDOT number;
    c. Date of the accident or date of the positive test result or 
refusal;
    d. City or town, and State, in which the accident occurred, or 
closest to the accident scene;
    e. Driver's name and license number;
    f. Co-driver's name (if any) and license number;
    g. Vehicle number and State license number;
    h. Number of individuals suffering physical injury;
    i. Number of fatalities;
    j. The police-reported cause of the accident, if provided by the 
enforcement agency;
    k. Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations; and
    l. The total on-duty time accumulated during the 7 consecutive days 
prior to the date of the accident, and the total on-duty time and 
driving time in the work shift prior to the accident.

VIII. Termination

    FMCSA has no reason to believe the motor carrier and driver covered 
by this exemption will experience any deterioration of their safety 
record. However, should this occur, FMCSA will take all steps necessary 
to protect the public interest, including revocation of the exemption. 
FMCSA will immediately revoke the exemption for failure to comply with 
its terms and conditions.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-10108 Filed 5-11-23; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.