Notice2025-00938
Commercial Driver's License Standards: Application for Exemption; Navistar, Inc.
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
January 16, 2025
Effective
November 21, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to provisionally renew the exemption currently held by Navistar, Inc. (Navistar) from the commercial driver's license (CDL) regulations for one of its commercial motor vehicle (CMV) drivers. The provisional exemption renewal allows Mr. Thomas Nickels, Senior Vice President of the Cabin and Chassis R&D Group for Navistar's parent company, TRANTON SE, to test drive various Navistar test fleet vehicles on U.S. roads. The provisional exemption renewal is limited to six months. After a review of the public comments to this notice, FMCSA will issue a decision whether the exemption should be renewed through November 2029.
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Notices]
[Pages 4832-4835]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00938]
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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;
Navistar, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew the
[[Page 4833]]
exemption currently held by Navistar, Inc. (Navistar) from the
commercial driver's license (CDL) regulations for one of its commercial
motor vehicle (CMV) drivers. The provisional exemption renewal allows
Mr. Thomas Nickels, Senior Vice President of the Cabin and Chassis R&D
Group for Navistar's parent company, TRANTON SE, to test drive various
Navistar test fleet vehicles on U.S. roads. The provisional exemption
renewal is limited to six months. After a review of the public comments
to this notice, FMCSA will issue a decision whether the exemption
should be renewed through November 2029.
DATES: The provisional renewal of the exemption is effective from
November 21, 2024, and expires on May 21, 2025. Comments must be
received on or before February 18, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2018-0347 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, Washington, DC 20590-0001 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
for this notice (FMCSA-2018-0347). 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: 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 the ground
level of the U.S. Department of Transportation, West Building, at 1200
New Jersey Avenue SE, Washington, DC, 20590-0001 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)(6), DOT solicits
comments from the public on the exemption renewal request. 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 under the ``Department
Wide System of Records Notices'' at <a href="http://www.dot.gov/privacy/privacy-act-system-records-notices">www.dot.gov/privacy/privacy-act-system-records-notices</a>. The comments are searchable by the name of the
submitter and are posted without edit.
FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; FMCSA; (202) 366-4225; <a href="/cdn-cgi/l/email-protection#7404111506181d115a061b161d1a071b1a34101b005a131b02"><span class="__cf_email__" data-cfemail="b4c4d1d5c6d8ddd19ac6dbd6dddac7dbdaf4d0dbc09ad3dbc2">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, (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-2018-0347), indicate the specific section of this
document to which the comment applies and provide a reason for
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 <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number FMCSA-2018-0347 in the ``Search'' box, and click
``Search.'' When the new screen appears, click on ``Documents'' button,
then click the ``Comment'' button associated with the latest notice
posted. Another screen will appear, on which you will insert the
required information. Choose whether you are submitting your comment as
an individual, an organization, or anonymous. Click ``Submit Comment.''
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. Comments received
after the comment closing date will be filed in the public docket and
will be considered to the extent practicable.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the 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 also provide
an opportunity for public comment on the request.
The Agency reviews the safety analyses and the 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 by the current regulation (49 CFR 381.305(a)). 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 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
Navistar has requested an exemption renewal for one of its
engineers from 49 CFR 383.23 for five years. The driver, Thomas
Nickels, holds a valid German commercial license but due to residency
requirements would be able to obtain only a non-domiciled CDL. Mr.
Nickels is the Senior Vice President of the Cabin & Chassis R&D group
for Navistar's parent company, TRATON SE in Germany.
FMCSA initially granted an exemption covering Mr. Nickels and
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another Navistar driver on November 21, 2019 (84 FR 64400). This
exemption was effective on November 21, 2019, and expired on November
21, 2024. Navistar requested a renewal only for Mr. Nickels.
The exemption renewal would allow Mr. Nickels to test drive various
Navistar test fleets in interstate or intrastate commerce. Mr. Nickels
would be driving Class 6 trucks and Class 8 tractor trailers with
Navistar's new integrated technologies to support Navistar field tests
on public roads to better understand product requirements for these
systems in ``real world'' environments in the U.S. market. According to
Navistar, Mr. Nickels will drive for no more than 8 hours per day for 2
consecutive days with 50 percent of the test driving on two-lane State
highways and 50 percent on Interstate highways. The driving will
consist of no more than 600 miles during a two-day period, at most 300
miles per day. In all cases, he will be accompanied by an individual
who holds a State-issued CDL, who is familiar with the routes to be
traveled. A copy of the application is in the docket.
IV. Equivalent Level Safety
To ensure an equivalent level of safety, Navistar states that the
requirements for a German commercial license ensure the same level of
safety as if Mr. Nickels held a State-issued CDL. Navistar explained
that Mr. Nickels is familiar with the operation of CMVs worldwide. In
addition, Navistar provided a statement of driving history for Mr.
Nickels.
FMCSA is unaware of any evidence of a degradation of safety
attributable to the current exemption for Mr. Nickels. Further, there
is no indication that renewal of this exemption would have an adverse
impact on safety.
In 2019, the Agency granted similar exemptions to Navistar drivers
on two occasions [April 15, 2019 (84 FR 15283); December 27, 2019 (84
FR 71525)].
FMCSA concludes that provisionally renewing the exemption granted
on November 21, 2019, for six months, 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 without the
exemption.
V. Exemption Decision
A. Grant of Provisional Renewal of Exemption
FMCSA provisionally renews the exemption for a subsequent period of
six months, instead of the five years requested by Navistar, subject to
the terms and conditions of this decision and the absence of adverse
public comments that would cause the Agency to terminate the exemption.
If evidence of insufficient safety is not provided, FMCSA anticipates
granting a full five-year exemption on or before the provisional
exemption expires. The exemption from the requirements of 49 CFR 383.23
is otherwise effective beginning November 21, 2024, through May 21,
2025, 11:59 p.m. local time, unless revoked.
B. Applicability of Exemption
This exemption applies only to Navistar's driver Thomas Nickels.
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. Consequently, this driver is not subject to the
requirements of 49 CFR part 382.
C. Terms and Conditions
When operating under this exemption, Navistar 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 FMCSRs (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, Navistar;
(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) Navistar must notify FMCSA in writing within 5 business days of
any accident, as defined in 49 CFR 390.5, involving this driver; and
(6) Navistar must notify FMCSA in writing if the driver is
convicted of a disqualifying offense under Sec. 383.51 or Sec. 391.15
of the FMCSRs.
(7) Navistar must implement a drug and alcohol testing program
substantially equivalent to the applicable requirements in 49 CFR part
382, subparts A-F, and require that Mr. Nickels be subject to those
requirements. Navistar 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 or intrastate
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
Navistar must notify FMCSA within 5 business days of any accident
(as defined in 49 CFR 390.5), involving any of the motor carrier's CMVs
operating under the terms of this exemption. The notification must
include the following information:
a. Identifier of the Exemption: ``Navistar--Nickels;''
b. Name of operating carrier and USDOT number;
c. Date of the crash;
d. City or town, and State, in which the accident occurred, or
closest to the crash 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
<a href="/cdn-cgi/l/email-protection#6e030d1e1d0a2e0a011a40090118"><span class="__cf_email__" data-cfemail="afc2ccdfdccbefcbc0db81c8c0d9">[email protected]</span></a>.
F. Termination
FMCSA does not believe the driver covered by this exemption will
experience any deterioration of their safety record. However, the
exemption will be rescinded if: (1) Navistar 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).
VI. Request for Comments
FMCSA requests public comment from all interested persons regarding
Navistar's application for a renewal of the exemption. The Agency will
evaluate any adverse evidence submitted and, if it determines safety is
[[Page 4835]]
being compromised or if continuation of the exemption would not be
consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b), FMCSA may take immediate steps to revoke or modify the
exemption.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2025-00938 Filed 1-15-25; 8:45 am]
BILLING CODE 4910-EX-P
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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.