Commercial Driver's License Standards: Application for Exemptions; Navistar, Inc. (Navistar)

Topics:  Navistar

Larry W. Minor
Federal Motor Carrier Safety Administration
19 June 2019

[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Notices]
[Pages 28618-28619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13011]



[[Page 28618]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0347]


Commercial Driver's License Standards: Application for 
Exemptions; Navistar, Inc. (Navistar)

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that Navistar, Inc. (Navistar) has requested 
an exemption from the Federal requirement to hold a U.S. commercial 
driver's license (CDL) for two commercial motor vehicle (CMV) drivers, 
Mr. Thomas Nickels, Senior Vice President, Engineering Optimization 
with MAN Truck & Bus SE in Munich, Germany (MAN), and Mr. Lukas Walter, 
Senior Vice President, Engineering Powertrain for MAN, both of whom 
hold a valid German commercial license. MAN is partnering with Navistar 
to develop technological advancements in fuel economy and emissions 
reductions. Mr. Nickels and Mr. Walter need to test drive Navistar 
vehicles on U.S. roads to better understand product requirements in 
``real world'' environments and verify results. Navistar believes that 
the requirements for a German commercial license ensure that operations 
under the exemption would likely achieve a level of safety equivalent 
to or greater than the level that would be obtained in the absence of 
the exemption. FMCSA requests public comments on Navistar's application 
for exemption.

DATES: Comments must be received on or before July 19, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0347 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    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: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2018-0347), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2018-0347'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

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 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 Agency's 
decision must be published in the Federal Register (49 CFR 381.315(b)) 
with the reason for the granting 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)).

III. Request for Exemption

    Navistar has applied for an exemption for Mr. Thomas Nickels and 
Mr. Lukas Walter from 49 CFR 383.23, which prescribes licensing 
requirements for drivers operating CMVs in interstate or intrastate 
commerce. Both drivers are unable to obtain a CDL due to their lack of 
residency in the United States. Copies of the exemption applications 
are included in the docket referenced at the beginning of this notice.
    The exemption would allow these drivers to operate CMVs in 
interstate or intrastate commerce to help develop technology 
advancements in fuel economy and emissions reductions. Mr. Nickels and 
Mr. Walter need to drive

[[Page 28619]]

Navistar vehicles on public roads to better understand product 
requirements for these systems in ``real world'' environments in the 
U.S. market. According to Navistar, both drivers will drive typically 
for no more than 8 hours per day for 2 consecutive days with 50 percent 
of the test driving on two-lane State highways and 50 percent on 
Interstate highways. The driving will consist of no more than 600 miles 
during a two-day period, at 300 miles per day. In all cases, drivers 
will be accompanied by a U.S. CDL holder familiar with the routes to be 
traveled.
    Mr. Nickels and Mr. Walter hold valid German commercial licenses 
and, as explained by Navistar in its exemption request, the 
requirements for that license ensure that, operating under the 
exemption, these drivers would likely achieve a level of safety 
equivalent to or greater than the level that would be achieved by the 
current regulation.
    Furthermore, according to Navistar, both drivers are familiar with 
the operation of CMVs worldwide. Navistar requests that the exemption 
cover the maximum allowable duration of 5 years.

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

    Navistar notes that the Agency has previously determined, through 
the review of multiple CDL exemptions applications for German-domiciled 
drivers, 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. 
The Agency recently granted one of Navistar's drivers a similar 
exemption [April 15, 2019 (84 FR 15283)]. Since 2015, the Agency has 
granted Daimler drivers similar exemptions: [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)]. The Agency has not received any information or reports 
indicating there have been safety performance problems with individuals 
holding German commercial licenses and operating CMVs on public roads 
in the United States.
    Notwithstanding the previous decisions, the Agency requests public 
comments concerning Mr. Nickels and Mr. Walter and whether exemptions 
should be granted to enable them to operate CMVs in the United States.

    Issued on: June 12, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-13011 Filed 6-18-19; 8:45 am]
BILLING CODE 4910-EX-P