Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)

Topics:  Daimler AG, Henning Oeltjenbruns

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
12 September 2016

[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62792-62793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21827]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]


Commercial Driver's License Standards: Application for Exemption; 
Daimler Trucks North America (Daimler)

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

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

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SUMMARY: 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.

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 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.

[[Page 62793]]

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

    On behalf of Henning Oeltjenbruns, Daimler has applied for a 5-year 
exemption from 49 CFR 383.23, which prescribes licensing requirements 
for drivers operating CMVs in interstate or intrastate commerce. Mr. 
Oeltjenbruns is unable to obtain a CDL in any of the States due to his 
lack of residency in the United States. A copy of the application is in 
Docket No. FMCSA-2012-0032.
    The exemption would allow Mr. Oeltjenbruns 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. Mr. Oeltjenbruns needs to drive Daimler vehicles 
on public roads to better understand ``real world'' environments in the 
U.S. market. According to Daimler, Mr. Oeltjenbruns will typically 
drive for no more than 6 hours per day, 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, 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.
    Mr. Oeltjenbruns would be required to comply with all applicable 
Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR parts 350-
399) except the CDL provisions described in this notice.
    Mr. Oeltjenbruns holds a valid German commercial license, and as 
explained by Daimler in its exemption request, the requirements for 
that license ensure that the same level of safety is met or exceeded as 
if this driver had a U.S. CDL. Furthermore, according to Daimler, Mr. 
Oeltjenbruns is familiar with the operation of CMVs worldwide.
    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)].

Public Comments

    On May 4, 2016, FMCSA published notice of this application and 
requested public comments (81 FR 26865). No comments were submitted.

FMCSA Decision

    Based upon the merits of this application, including Mr. 
Oeltjenbruns' extensive driving experience and safety record, 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 Henning Oeltjenbruns an exemption from the 
CDL requirement in 49 CFR 383.23 to allow Mr. Oeltjenbruns 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 FMCSRs (49 CFR parts 350-
399); (2) the driver must be in possession of this notice or an 
equivalent signed letter, 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. Oeltjenbruns 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. 2016-21827 Filed 9-9-16; 8:45 am]
BILLING CODE 4910-EX-P