Notice2024-23653
Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America, LLC (Daimler)
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
October 15, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that Daimler Trucks North America, LLC (Daimler) has requested a 5-year exemption for six drivers who hold foreign commercial driver's licenses (CDL) from the requirement to hold a CDL issued by a U.S. State when operating a commercial motor vehicle (CMV). Daimler is requesting an exemption so that these drivers can test-drive Daimler vehicles on U.S. roads to better understand product requirements in real-world environments and verify results. FMCSA requests public comment on the applicant's request for an exemption.
Full Text
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<title>Federal Register, Volume 89 Issue 199 (Tuesday, October 15, 2024)</title>
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[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Notices]
[Pages 83078-83079]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23653]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0230]
Commercial Driver's License Standards: Application for Exemption;
Daimler Trucks North America, LLC (Daimler)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that Daimler Trucks North America, LLC
(Daimler) has requested a 5-year exemption for six drivers who hold
foreign commercial driver's licenses (CDL) from the requirement to hold
a CDL issued by a U.S. State when operating a commercial motor vehicle
(CMV). Daimler is requesting an exemption so that these drivers can
test-drive Daimler vehicles on U.S. roads to better understand product
requirements in real-world environments and verify results. FMCSA
requests public comment on the applicant's request for an exemption.
DATES: Comments must be received on or before November 14, 2024.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2024-0230 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2024-0230) for this notice. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: If you do not have access to the internet, you may view the
docket by visiting Docket Operations 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.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, including any personal information the commenter
provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records
notice DOT/ALL-14 FDMS, which can be reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. The comments are posted without edit
and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver, and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 385-2415; <a href="/cdn-cgi/l/email-protection#9dfff8eff3fcf9f8e9e9f8b3eafcf1f6f8efddf9f2e9b3faf2eb"><span class="__cf_email__" data-cfemail="533136213d3237362727367d24323f38362113373c277d343c25">[email protected]</span></a>. If
you have questions on viewing or submitting material to the docket,
contact Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2024-0230), indicate the specific section of this
document to which the comment applies, and provide a reason for your
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.go, put the
docket number ``FMCSA-2024-0230'' in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. FMCSA
will consider all comments and material received during the comment
period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will
[[Page 83079]]
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the notice. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
<a href="/cdn-cgi/l/email-protection#aac8d8c3cbc484cd84cecbc2c6c3c4eacec5de84cdc5dc"><span class="__cf_email__" data-cfemail="8eecfce7efe0a0e9a0eaefe6e2e7e0ceeae1faa0e9e1f8">[email protected]</span></a>. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this notice.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
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 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 maintain a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305(a)). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision(s) from
which the applicant will be exempt, the effective period, and 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. Applicant's Request
Daimler has applied for a 5-year exemption for six drivers from 49
CFR 383.23, which requires that drivers operating CMVs in interstate or
intrastate commerce hold CDLs issued by a State. Daimler requests the
exemption because these drivers are not residents of a U.S. State, and
therefore cannot meet the residency requirement for a CDL and are
eligible only for non-domiciled CDLs. The Daimler drivers are
Christopher Kappes, Andreas Munch, Franz-Alexander Baumgartner, Fabian
Schab, Malte Kleindick, and Lucas Jung. These drivers all hold valid
German CDLs. Daimler asserts in its exemption request that the
requirements for a German CDL ensure that the same level of safety is
met or exceeded as if these drivers had a CDL issued by a U.S. State.
The requested exemption would allow these six drivers to operate
CMVs in interstate commerce to support Daimler field tests for
developing and optimizing the control software that governs the
high[hyphen]voltage functions of an electric vehicle's powertrain.
According to Daimler, these drivers will perform safety testing and
validation that is crucial for powertrain controllers in electric
trucks, ensuring they can handle high-voltage functions safely and
maintain system performance under diverse driving conditions. In all
cases, they will be accompanied by a holder of a CDL issued by a State
who is familiar with the routes to be traveled. Daimler adds that if
this exemption is not granted, future vehicle development and launch of
electric trucks could be hindered as these six individuals play a
crucial role in directing company resources to the development of new
and advanced powertrain solutions.
A copy of Daimler's application for exemption is available for
review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Daimler's application for an
exemption from the requirement in 49 CFR 383.23. All comments received
before the close of business on the comment closing date indicated at
the beginning of this notice will be considered and will be available
for examination in the docket at the location listed under the
Addresses section of this notice. Comments received after the comment
closing date will be filed in the public docket and will be considered
to the extent practicable. In addition to late comments, FMCSA will
also continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-23653 Filed 10-11-24; 8:45 am]
BILLING CODE 4910-EX-P
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