[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25083-25084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08932]



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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

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

ACTION: Notice of final disposition; granting 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 to Daimler Trucks North 
America (Daimler) for one of its commercial motor vehicle (CMV) 
drivers, Ms. Gesa Reimelt, a product engineer in powertrain solutions. 
She 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. Under 
this exemption, Ms. Reimelt is exempt from the the Agency's drug and 
alcohol regulations in 49 CFR part 382, which apply only to CDL 
holders. FMCSA reviewed Ms. Reimelt's commercial license records 
provided by Daimler, and believes the requirements for a German 
commercial license, the work restrictions imposed on Daimler drivers 
because of nonimmigrant visa requirements, and the terms and conditions 
set forth below, including a Daimler-administered drug and alcohol 
testing program, will ensure that her operation 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 April 27, 2022 and expires April 27, 
2027.
    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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets 
Operations.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; 202-366-2722. [email protected]. 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, 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 (49 CFR 381.305). 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 Part 383 for the CMV that person operates or 
expects to operate. The Clearinghouse maintains records of all drug and 
alcohol program violations in a central repository and requires that 
employers query the system to determine whether current and prospective 
employees have incurred a drug or alcohol violation that would prohibit 
them from performing safety-sensitive functions covered by the FMCSA 
and U.S. Department of Transportation (DOT) drug and alcohol testing 
regulations.

Applicant's Request

    Daimler has requested an exemption from 49 CFR 383.23 because Ms. 
Reimelt is unable to obtain a CDL due to her lack of residency in the 
United States. Daimler further requested an exemption from the 
Clearinghouse requirements of 49 CFR part 382, subpart G, for Ms. 
Reimelt because a valid State-issued CDL number is required for a 
driver to register and for a motor carrier to run full/limited queries 
and/or report violations to the Clearinghouse.
    Gesa Reimelt has a valid German commercial license. The exemption 
would allow her to operate a CMV in interstate commerce to support 
Daimler field tests to meet future vehicle safety and environmental 
requirements, and to promote technical advancements in vehicle safety 
systems and emissions reductions. Daimler stated that the driver would 
be in this country for no more than six weeks per year.

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 explained 
that Gesa Reimelt is familiar with the operation of CMVs worldwide and 
would be accompanied at all times by a driver who holds a State-issued 
CDL and is familiar with the routes to be traveled. Additionally, 
Daimler provided a statement of Ms. Reimelt's driving history. Daimler 
also stated that she would ensure safety equivalency by complying with 
the requirements of the drug and alcohol program, as

[[Page 25084]]

administered by Daimler, with the exception of the Clearinghouse 
requirements.

V. Public Comments

    On August 19, 2021, FMCSA published notice of the Daimler 
application and requested public comments (86 FR 46752). The Agency 
received no comments.

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.
    Under this exemption, Gesa Reimelt is not subject to the drug and 
alcohol testing requirements, set forth in 49 CFR part 382, which apply 
only to drivers who are subject to the CDL requirements in 49 CFR part 
383, the Canadian National Safety Code, or the Licencia Federal de 
Conductor (Mexico), and to their employers (49 CFR 382.103(a)). 
Therefore, to ensure an equivalent level of safety, the terms and 
conditions of this exemption require Daimler to implement a corporate 
drug and alcohol testing program substantially equivalent to the 
testing requirements in part 382. Because Ms. Reimelt is not subject to 
49 CFR part 382, an exemption from the Clearinghouse requirements in 
subpart G is unnecessary.
    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\
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    \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).
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VII. Terms and Conditions for the Exemption

    This exemption applies only to Daimler driver Gesa Reimelt. This 
driver is granted an exemption from the CDL requirement in 49 CFR 
383.23 to allow her to drive CMVs in the United States without a State-
issued CDL. Consequently, Ms. Reimelt is not subject to the 
requirements of 49 CFR part 382, including the Clearinghouse 
requirements in subpart G. When operating under this exemption, she 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 her 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 Ms. Reimelt;
    (6) Daimler must notify FMCSA in writing if Ms. Reimelt is 
convicted of an offense listed in Sec.  383.51 or a disqualifying 
offense under Sec.  391.15 of the Federal Motor Carrier Safety 
Regulations; and
    (7) Daimler must implement a drug and alcohol testing program 
substantially equivalent to the requirements in 49 CFR part 382 (and 49 
CFR part 40 regarding collection procedures, the panel of drugs tested 
and the thresholds, and the processing of samples, etc.), excluding the 
Clearinghouse requirements in subpart G.

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 accident (as defined in 
49 CFR 390.5), involving Gesa Reimelt 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 -Reimelt;''
    b. Name of operating carrier and USDOT number;
    c. Date of the accident;
    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,
Deputy Administrator.
[FR Doc. 2022-08932 Filed 4-26-22; 8:45 am]
BILLING CODE 4910-EX-P