
[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31422-31423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12833]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]


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

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 Daimler Trucks North 
America's (Daimler) application for an exemption for two Daimler 
drivers to drive commercial motor vehicles (CMVs) in the United States 
without possessing the requisite commercial driver's license (CDL) 
issued by one of the States. George Weiberg and Klaus-Dieter Holloh are 
field test engineers who will be test-driving Daimler vehicles on U.S. 
roads in order to meet future vehicle safety and environmental 
regulatory requirements and to promote the development of technology 
advancements in vehicle safety systems and emissions reductions. Each 
of these drivers holds a valid German CDL but lacks the U.S. residency 
necessary to obtain a CDL issued by one of the States. FMCSA believes 
that the process for obtaining a German-issued CDL is comparable to or 
is as effective as the U.S. CDL requirements and ensures that these 
drivers will likely achieve a level of safety that is equivalent to or 
greater than the level of safety that would be obtained in the absence 
of the exemption.

DATES: This exemption is effective April 17, 2012, and expires on April 
17, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-4325. 
Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption 
from certain Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR 
part 350 et seq.) for up to 2 years. The Agency must find that the 
exemption will allow the applicant to implement more effective or 
efficient operations and ``would likely achieve a level of safety that 
is equivalent to or greater than the level that would be achieved 
absent such exemption'' (49 CFR 381.305 (a)). Exemptions are renewable 
for 2-year periods.

Daimler Application for Exemption

    Daimler applied for an exemption for drivers Georg Weiberg and 
Klaus-Dieter Holloh from 49 CFR 383.23 of the CDL rules, requiring 
drivers operating CMVs to have a CDL issued by one of the States. A 
copy of the request for exemption is in the docket identified at the 
beginning of this notice. The exemption allows these two drivers to 
operate CMVs to support Daimler field tests to meet future vehicle 
safety and environmental regulatory requirements and to promote the 
development of technology and advancements in vehicle safety systems 
and emissions reductions. These Daimler drivers will typically drive 
for no more than 6 hours per day for 2 consecutive 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 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.
    49 CFR 383.21 requires CMV drivers in the United States to have a 
CDL issued by a State. Weiberg and Holloh are citizens and residents of 
Germany. Only residents of a State can apply for a CDL.\1\ Without the 
exemption,

[[Page 31423]]

Weiberg and Holloh would not be able to test-drive Daimler prototype 
CMVs on U.S. roads.
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    \1\ Although 49 CFR 383.23 indicates that these drivers could 
obtain a nondomiciled CDL, few States if any are currently issuing 
nondomiciled CDLs.
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    Weiberg and Holloh each hold German CDLs and are experienced 
operators of CMVs. In their application for exemption, Daimler also 
submitted documentation showing the German safe driving records of both 
Weiberg and Holloh.

Method to Ensure an Equivalent or Greater Level of Safety

    According to Daimler, the requirements for a German-issued CDL 
ensure that the same level of safety is met or exceeded as if these 
drivers had CDLs issued by one of the States. Daimler's drivers are 
very familiar with the operation of CMVs worldwide and these drivers 
will be accompanied at all times by a U.S.-issued CDL holder who is 
familiar with the routes to be traveled. FMCSA has determined the 
process for obtaining a CDL in Germany is comparable to that for 
obtaining a CDL issued by one the States and adequately assesses each 
driver's ability to safely operate CMVs in the United States.

Comments

    No comments were received in response to the FMCSA notice of this 
application and request for comments, published on March 7, 2012 (77 FR 
13684).

FMCSA Decision

    Based upon the merits of this application, including the extensive 
driving experience and safety records of Georg Weiberg and Klaus-Dieter 
Holloh, and the fact that both individuals have each successfully 
completed the requisite training and testing to obtain a German CDL, 
FMCSA 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 381.305(a).

Terms and Conditions for the Exemption

    FMCSA grants Daimler an exemption from the CDL requirement in 49 
CFR 383.23 to allow Weiberg and Holloh to drive CMVs in the United 
States, subject to the following terms and conditions:
    (1) The drivers and carrier must comply with all other applicable 
provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 
CFR parts 350-399), (2) the drivers must be in possession of the 
exemption document and a valid German CDL, (3) the drivers must be 
employed by, and operating the CMV within the scope of their duties 
for, Daimler, (4) Daimler must notify FMCSA in writing of any accident, 
as defined in 49 CFR 390.5, involving one or both of these drivers, and 
(5) Daimler must notify FMCSA in writing if either driver is convicted 
of a disqualifying offense under section 383.51 or section 391.15 of 
the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will 
be valid for 2 years unless revoked earlier by the FMCSA. The exemption 
will be revoked if: (1) An exempted driver 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.

    Issued on: May 21, 2012.
 Anne S. Ferro,
Administrator.
[FR Doc. 2012-12833 Filed 5-24-12; 8:45 am]
BILLING CODE 4910-EX-P


