[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13684-13685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5521]


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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 application for exemption; request for comments.

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SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler) 
has applied for two drivers of commercial motor vehicles (CMVs) to be 
exempt from the Federal requirement to hold a commercial driver's 
license (CDL) issued by one of the States. Daimler requests that the 
exemption cover two German project engineers who will test-drive CMVs 
for Daimler within the United States. Daimler states the exemption is 
needed to meet future vehicle safety and environmental regulatory 
requirements and to promote the development of technology advancements 
in vehicle safety systems and emissions reductions. These Daimler 
drivers hold valid German CDLs and need to be able to test-drive 
Daimler vehicles on U.S. roads to better understand product 
requirements for these systems in ``real world'' environments in the 
U.S. market, and verify results. Daimler believes the requirements for 
a German CDL are such that they ensure that the same level of safety is 
met or exceeded as if these drivers had U.S. state-issued CDLs.

DATES: Comments must be received on or before April 6, 2012.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2012-0032 by any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. In 
the ENTER KEYWORD OR ID box enter FMCSA-2012-0032 and click on the tab 
labeled SEARCH. On the ensuing page, click on any tab labeled SUBMIT A 
COMMENT on the extreme right of the page and a page should open that is 
titled ``Submit a Comment.'' You may identify yourself under section 1, 
ENTER INFORMATION or you may skip section 1 and remain anonymous. You 
enter your comments in section 2, TYPE COMMENT & UPLOAD FILE. When you 
are ready to submit your comments, click on the tab labeled SUBMIT. 
Your comment is then submitted to the docket; and you will receive a 
tracking number.
     Fax: 1-202-493-2251.
     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: West Building, Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov at any time, and in the 
ENTER KEYWORD OR ID box enter FMCSA-2012-0032 and click on the tab 
labeled SEARCH.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
U.S. Department of Transportation's online privacy policy at 
www.dot.gov/privacy or the complete Privacy Act Statement in the 
Federal Register published on December 29, 2010 (75 FR 82133).

[[Page 13685]]

    Public Participation: The www.regulations.gov Web site is generally 
available 24 hours each day, 365 days each year. You can obtain 
electronic submission and retrieval help and guidelines under the 
``help'' section of the www.regulations.gov web site. If you want us to 
notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    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 denying or, in the alternative, 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 2 
years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    Daimler has applied for an exemption for from the commercial 
driver's license (CDL) rules, specifically 49 CFR 383.23 that 
prescribes licensing requirements for drivers operating commercial 
motor vehicles (CMVs) in interstate or intrastate commerce. Daimler 
requests the exemption because these drivers are citizens of Germany, 
and therefore cannot apply for a CDL in any of the U.S. States. A copy 
of the application is in Docket No. FMCSA-2012-0032.
    The exemption would allow two drivers to operate CMVs in interstate 
commerce to support Daimler field tests to meet future vehicle safety 
and environmental regulatory requirements and to promote the 
development of technology advancements in vehicle safety systems and 
emissions reductions. According to Daimler, the drivers 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 for each 
driver 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.
    The drivers are Georg Weiberg and Klaus-Dieter Holloh, and Daimler 
requests that the exemption cover a two-year period. The drivers hold 
valid German CDLs, and as explained by Daimler in its exemption 
requests, the requirements for a German CDL are such that they ensure 
that the same level of safety is met or exceeded as if these drivers 
had U.S. State-issued CDLs.
    FMCSA has determined the process for obtaining a German-issued CDL 
is comparable to, or as effective as the Federal requirements of Part 
383, and adequately assesses each driver's ability to operate CMVs in 
the United States.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Daimler's application for an exemption from 
the CDL requirements of 49 CFR 383.23. The Agency will consider all 
comments received by close of business on April 6, 2012. Comments will 
be available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will consider to the 
extent practicable comments received in the public docket after the 
closing date of the comment period.

    Issued on: February 29, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-5521 Filed 3-6-12; 8:45 am]
BILLING CODE 4910-EX-P