[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30830-30832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10108]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]


Commercial Driver's License: Daimler; Application for Exemption; 
Daimler Truck North America LLC (Daimler)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), 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 Truck North 
America LLC (Daimler) for one commercial motor vehicle (CMV) driver, Dr 
Andreas Gorbach, Executive Vice President and Board of Management 
Member for Daimler. Dr. Gorbach holds a valid German commercial license 
and wants to operate CMVs in interstate or intrastate commerce to 
support Daimler field tests designed to meet future vehicle safety and 
environmental requirements. FMCSA reviewed Dr.

[[Page 30831]]

Gorbach's commercial license records provided by Daimler and believes 
the requirements for a German commercial license will ensure that Dr. 
Gorbach's operation of a CMV 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 May 12, 2023 and expires May 12, 
2028.

FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA, at (202) 385-2415 or by email at 
[email protected]. If you have questions on viewing or 
submitting material to the docket, contact Dockets Operations at (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 in accordance with 49 U.S.C. 
31315(b)(1). 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 49 CFR part 383 for the CMV that person 
operates or expects to operate.

Applicant's Request

    Daimler has applied for an exemption for Dr. Andreas Gorbach from 
49 CFR 383.23, which prescribes licensing requirements for drivers 
operating CMVs in interstate or intrastate commerce. Dr. Gorbach is 
unable to obtain a CDL due to his lack of residency in the United 
States. The exemption would enable Dr. Andreas Gorbach to operate CMVs 
in interstate or intrastate commerce to support Daimler field tests 
designed to meet future vehicle safety and environmental requirements. 
Daimler requests that the exemption cover the maximum allowable 
duration of five years.

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 asserts that 
Dr. Gorbach will be accompanied at all times by an experienced Daimler 
CDL holder who is familiar with the routes to be traveled in case of 
any unforeseen circumstance. Additionally, Daimler provided a statement 
of Dr. Gorbach's driving history.

V. Public Comments

    On October 17, 2022, FMCSA published notice of the Daimler 
application and requested public comments (87 FR 62918). The Agency 
received one comment in support of the application; the commenter made 
the following statement: ``I believe that Dr. Andreas Gorbach will not 
cause undo harm to other[s] if allowed to drive with his German CDL in 
the United States.''

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. 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 Dr. Andreas Gorbach. 
This driver is granted an exemption from the CDL requirement in 49 CFR 
383.23 to allow him to drive CMVs in the United States without a State-
issued CDL. When operating under this exemption, the driver 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 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 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 Dr. Gorbach;
    (6) Daimler must notify FMCSA in writing if Dr. Gorbach is 
convicted of an offense listed in Sec.  383.51 or a disqualifying 
offense under Sec.  391.15 of

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the Federal Motor Carrier Safety Regulations; and
    (7) Daimler must subject the driver to a drug and alcohol testing 
program substantially equivalent to the requirements in 49 CFR part 382 
(excluding the Clearinghouse requirements in subpart G). Daimler must 
ensure that the testing program for Dr. Gorbach complies with the 
procedures set forth in 49 CFR part 40, as required by 49 CFR 382.105.
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 test refusal, or accident 
(as defined in 49 CFR 390.5), involving Dr. Andreas Gorbach 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--Dr. Gorbach;''
    b. Name of operating carrier and USDOT number;
    c. Date of the accident or date of the positive test result or 
refusal;
    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,
Administrator.
[FR Doc. 2023-10108 Filed 5-11-23; 8:45 am]
BILLING CODE 4910-EX-P