[Federal Register Volume 90, Number 75 (Monday, April 21, 2025)]
[Notices]
[Pages 16763-16764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06821]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0347]
Commercial Driver's License Standards: Application for Exemption;
International Motors LLC, Formerly Known as Navistar, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; renewal of exemption.
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SUMMARY: FMCSA announces its final decision to renew the exemption
granted to International Motors, LLC (International), formerly known as
Navistar, Inc.,\1\ from the commercial driver's license (CDL)
regulations for one of its commercial motor vehicle (CMV) drivers. The
exemption allows Mr. Thomas Nickels, Senior Vice President of the Cabin
and Chassis R&D Group for International's parent company, TRATON SE, to
test drive various International test fleet vehicles on roads of the
United States.
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\1\ International informed FMCSA of its name change in an email
dated January 27, 2025.
DATES: This renewed exemption is effective from November 21, 2024, and
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expires on November 21, 2029.
FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; FMCSA; (202) 366-4225; [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2018-0347/document and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.''
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations on the ground floor of the DOT
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
between 9 a.m. and 5 p.m., 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 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 the
applicant's safety analyses. The Agency must also provide an
opportunity for public comment on the request.
The Agency reviews safety analyses and 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 absent such exemption, pursuant to 49 U.S.C. 31315(b)(1). The
Agency must publish the decision in the Federal Register (49 CFR
381.315(b)). If granted, the notice will identify the regulatory
provision from which the applicant will be exempt and the effective
period and will explain all terms and conditions of the exemption (49
CFR 381.315(c)(1)). If the exemption is denied, the notice will explain
the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
III. Background
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, as applicable, for the CMV that
person operates or expects to operate. Such drivers are also subject to
the controlled substances and alcohol testing requirements of 49 CFR
part 382.
Application for Renewal of Exemption
The renewal application from International was described in detail
in a Federal Register notice published on January 16, 2025 (90 FR
4832), and will not be repeated here, as the facts have not changed. In
the same Federal Register notice, FMCSA issued a notice of provisional
renewal of exemption for International for a period of 6 months.
IV. Public Comments
The Agency did not receive comments in response to International's
request to renew its exemption from the CDL requirements.
V. Agency Decision
Mr. Nickels holds a German commercial license, and 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 United States. In 2019, the Agency granted
similar exemptions to International, under its former name Navistar,
Inc., for other drivers on two occasions [April 15, 2019 (84 FR 15283);
December 27, 2019 (84 FR 71525)]. The Agency has also granted similar
exemptions to Daimler Trucks North America for holders of German
commercial licenses.\2\ The Agency has no record of any CMV incidents
indicating that there has been a reduction in the safety of operations
by the drivers previously granted exemptions, including Mr. Nickels
himself.
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\2\ FMCSA granted similar exemptions to Daimler Trucks North
America on May 25, 2012 (77 FR 31422); July 22, 2014 (79 FR 42626);
March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR 60220); July
12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496); August 17, 2017
(82 FR 39151), September 10, 2018 (83 FR 45742); April 27, 2022 (87
FR 25081; 87 FR 25083) and other dates.
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FMCSA therefore concludes that renewing the exemption granted on
November 21, 2019, for another five years, under the terms and
conditions listed below, will likely achieve a level of safety that is
equivalent to, or greater than, the level of safety achieved absent the
exemption.
VI. Exemption Decision
FMCSA reaffirms its provisional decision to renew the exemption for
a period of five years subject to the terms
[[Page 16764]]
and conditions of this decision. The exemption from the requirements of
49 CFR 383.23 is effective November 21, 2024, through November 21,
2029, 11:59 p.m. local time
A. Applicability of Exemption
This exemption applies only to International's driver Thomas
Nickels. This driver is granted an exemption from the CDL requirements
in 49 CFR 383.23 to allow him to drive CMVs in the United States
without a State-issued CDL. Consequently, this driver is not subject to
the requirements of 49 CFR part 382, including the Clearinghouse
requirements in subpart G.
B. Terms and Conditions
When operating under this exemption, International and Mr. Nickels
are subject to the following terms and conditions:
1. The driver and carrier 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, International;
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. International must notify FMCSA in writing within 5 business
days of any accident, as defined in 49 CFR 390.5, involving this
driver;
6. International must notify FMCSA in writing if the driver is
convicted of a disqualifying offense under Sec. 383.51 or Sec. 391.15
of the Federal Motor Carrier Safety Regulations; and
7. International must implement a drug and alcohol testing program
that satisfies the requirements in 49 CFR part 382, subparts A-F,
including, but not limited to, all testing requirements and
participation in a consortium for random testing. International must
require that Mr. Nickels be subject to those requirements.
International must provide documentation of its drug and alcohol
testing program upon request to FMCSA.
D. 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.
E. Notification to FMCSA
International must notify FMCSA within 5 business days of any
positive drug or alcohol tests, or accident (as defined in 49 CFR
390.5) involving Thomas Nickels while operating a CMV under the terms
of this exemption. The notification must include the following
information:
a. Identifier of the Exemption: ``International--Thomas Nickels'';
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 crash, 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 crash, and the total on-duty time and driving
time in the work shift prior to the crash.
Reports filed under this provision shall be emailed to
[email protected] with ``International FMCSA-2018-0347'' as the subject
line.
F. Termination
FMCSA does not believe the driver or the motor carrier covered by
this exemption will experience any deterioration of their safety
records. However, the exemption will be rescinded if: (1) International
or the driver operating under the exemption fail to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objects of 49 U.S.C. 31136(e) and 31315(b).
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-06821 Filed 4-18-25; 8:45 am]
BILLING CODE 4910-EX-P