Notice2022-08932
Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 27, 2022
Effective
April 27, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 81 (Wednesday, April 27, 2022)</title>
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[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25083-25084]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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. <a href="/cdn-cgi/l/email-protection#efa2acbfbcabaf8b809bc1888099"><span class="__cf_email__" data-cfemail="6a27293a392e2a0e051e440d051c">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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
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</html>Indexed from Federal Register on April 27, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.