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

Topics:  Daimler AG, Thomas Passegger

James W. Deck
Federal Motor Carrier Safety Administration
28 September 2020

[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60872-60873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21320]


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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 from the 
commercial driver's license (CDL) requirements for Mr. Thomas 
Passegger, a driver employed by Daimler Trucks North America. Mr. 
Passegger is Daimler's Project Manager for Autonomous Trucks. He holds 
a valid German commercial license and 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 28, 2020 and expires 
September 29, 2025.

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 Federal Docket Management System 
(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: Mr. Richard Clemente, 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, 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)).

III. Request for Exemption

    Daimler has applied for an exemption for Thomas Passegger from 49 
CFR 383.23, which prescribes licensing requirements for drivers 
operating commercial motor vehicles (CMVs) in interstate or intrastate 
commerce. Mr. Passegger is unable to obtain a CDL in any of the U.S. 
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. Passegger to operate CMVs in 
interstate or intrastate commerce to support Daimler field tests 
designed to meet future vehicle safety and environmental requirements 
and to develop improved safety and emission technologies. Daimler 
stated that Mr. Passegger will typically drive for no more than 6 hours 
per day for one to two 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. 
He will in all cases be accompanied by a holder of a U.S. CDL who is 
familiar with the routes to be traveled.

[[Page 60873]]

    Mr. Passegger holds a valid German commercial license. As explained 
by Daimler in its exemption request, the requirements for that license 
ensure that, when operating under the exemption, he would likely 
achieve a level of safety equivalent to, or greater than, the level 
that would be achieved by the current regulation. Daimler requests that 
the exemption cover the maximum allowable duration of five years.

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 2015, FMCSA 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).

V. Public Comments

    On September 24, 2019, FMCSA published notice of this application 
and requested public comments (84 FR 50096); no comments were 
submitted.

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. 
Passegger's extensive driving experience and safety record, FMCSA has 
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 Thomas Passegger an exemption from the CDL 
requirement in 49 CFR 383.23 to allow Mr. Passegger to drive CMVs in 
this country without a 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 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 within 5 business days 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) Mr. Passegger 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.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-21320 Filed 9-25-20; 8:45 am]
BILLING CODE 4910-EX-P