Notice2025-01001
Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America, LLC
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
January 16, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The Federal Motor Carrier Safety Administration (FMCSA) announces its final decision to grant a 5-year exemption to Daimler Trucks North America, LLC (Daimler) for six drivers who hold foreign commercial licenses from the requirement to hold a commercial driver's license (CDL) issued by a U.S. State when operating a commercial motor vehicle (CMV). This exemption will permit the six drivers to test-drive Daimler vehicles on U.S. roads to better understand product requirements in "real-world" environments and verify results. FMCSA reviewed the drivers' commercial license records provided by Daimler and believes the requirements for a German commercial license, the work restrictions imposed on Daimler drivers by their nonimmigrant visas, and the terms and conditions set forth below, will ensure that Daimler's operation under this exemption will likely achieve a level of safety equivalent to or greater than the level that would be achieved in the absence of the exemption.
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 4828-4830]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01001]
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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
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: The Federal Motor Carrier Safety Administration (FMCSA)
announces its final decision to grant a 5-year exemption to Daimler
Trucks North America, LLC (Daimler) for six drivers who hold foreign
commercial licenses from the requirement to hold a commercial driver's
license (CDL) issued by a U.S. State when operating a commercial motor
vehicle (CMV). This exemption will permit the six drivers to test-drive
Daimler vehicles on U.S. roads to better understand product
requirements in ``real-world'' environments and verify results. FMCSA
reviewed the drivers' commercial license records provided by Daimler
and believes the requirements for a German commercial license, the work
restrictions imposed on Daimler drivers by their nonimmigrant visas,
and the terms and conditions set forth below, will ensure that
Daimler's operation under this exemption will likely achieve a level of
safety equivalent to or greater than the level that would be achieved
in the absence of the exemption.
DATES: The exemption is effective January 16, 2025 and expires January
16, 2030.
FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-385-2415; <a href="/cdn-cgi/l/email-protection#b7d5d2c5d9d6d3d2c3c3d299c0d6dbdcd2c5f7d3d8c399d0d8c1"><span class="__cf_email__" data-cfemail="036166716d6267667777662d74626f68667143676c772d646c75">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Dockets Services at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 4829]]
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-2024-0230'' 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-2024-0230'' 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 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
(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 any 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 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 its 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, 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. Background
Current Regulatory Requirements
Under 49 CFR 383.23, no person is permitted to 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.
Applicant's Request
Daimler's application for exemption was described in detail in a
Federal Register notice published on October 15, 2024 (89 FR 83078) and
will not be repeated here, as the facts have not changed.
IV. Public Comments
The Agency received no comments in response the notice of Daimler's
application.
V. FMCSA Decision
FMCSA has determined that the process for obtaining a commercial
license in Germany is comparable to the process for obtaining a State-
issued CDL and adequately ensures that these drivers can safely operate
a CMV in the United States. Based on the information provided by
Daimler, including the drivers' experience and safety records, FMCSA
concludes that the exemption, subject to the terms and conditions set
forth in section VI, 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).
VI. Terms and Conditions for the Exemption
This exemption applies only to the following six Daimler drivers:
Christopher Kappes, Andreas Munch, Franz-Alexander Baumgartner, Fabian
Schab, Malte Kleindick, and Lucas Jung. These drivers are granted an
exemption from the requirement in 49 CFR 383.23, allowing them to drive
CMVs in the United States without a State-issued CDL. When operating
under this exemption, the six drivers are subject to the following
terms and conditions:
(1) The driver and Daimler must comply with all other applicable
provisions of the FMCSRs (49 CFR parts 350 through 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 their 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 any of the exempted
drivers;
(6) Daimler must notify FMCSA in writing if any of the exempted
drivers is convicted of an offense listed in Sec. 383.51 or a
disqualifying offense under Sec. 391.15 of the FMCSRs; and
(7) Daimler must subject the exempted drivers to a drug and alcohol
testing program substantially equivalent to the requirements in 49 CFR
part 382 (excluding the Clearinghouse requirements in subpart G).
Daimler must ensure that the testing program for the drivers complies
with the procedures set forth in 49 CFR part 40, as required by 49 CFR
382.105.
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 Daimler 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--[driver name]'';
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.
VII. Termination
FMCSA has no reason to believe the motor carrier and drivers
covered by
[[Page 4830]]
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 in the event of a failure
to comply with its terms and conditions, the exemption has resulted in
a lower level of safety than was maintained before the exemption was
granted, or continuation of the exemption would not be consistent with
the goals and objectives of 49 U.S.C. chapter 313.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2025-01001 Filed 1-15-25; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on January 16, 2025.
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