45742 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Strong understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Strong meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His 

ophthalmologist examined him in 2018 

and certified that he does not have 

diabetic retinopathy. He holds a Class A 

CDL from Illinois. 

Terelle E. Thomas 

Mr. Thomas, 24, has had ITDM since 

2017. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Thomas understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Thomas meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Virginia. 

Harvey S. Vaea 

Mr. Vaea, 52, has had ITDM since 

2013. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Vaea understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Vaea meets the requirements 

of the vision standard at 49 CFR 

391.41(b)(10). His optometrist examined 

him in 2018 and certified that he does 

not have diabetic retinopathy. He holds 

a Class A CDL from California. 

Gene A. Vieira 

Mr. Vieira, 33, has had ITDM since 

2003. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Vieira understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Vieira meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds an operator’s license from 

Florida. 

Ronald Walker, Sr. 

Mr. Walker, 50, has had ITDM since 

2018. His endocrinologist examined him 

in 2018 and certified that he has had no 

severe hypoglycemic reactions resulting 

in loss of consciousness, requiring the 

assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning in the 

past 12 months and no recurrent (two or 

more) severe hypoglycemic episodes in 

the last five years. His endocrinologist 

certifies that Mr. Walker understands 

diabetes management and monitoring, 

has stable control of his diabetes using 

insulin, and is able to drive a CMV 

safely. Mr. Walker meets the 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2018 and certified that 

he does not have diabetic retinopathy. 

He holds a Class A CDL from Illinois. 

III. Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the dates section of the notice. 

IV. Submitting Comments 

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 that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov and in the 

search box insert the docket number 

FMCSA–2018–0203 and click the search 

button. When the new screen appears, 

click on the blue ‘‘Comment Now!’’ 

button on the right hand side of the 

page. On the new page, enter 

information required including the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 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, selfaddressed postcard or envelope. 

We will consider all comments and 

materials received during the comment 

period. FMCSA may issue a final 

determination at any time after the close 

of the comment period. 

V. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble, 

go to http://www.regulations.gov and in 

the search box insert the docket number 

FMCSA–2018–0203 and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: August 30, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–19627 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–EX–P 

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 

(Daimler) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant an exemption to 

Daimler Trucks North America 

(Daimler) for one of its commercial 

motor vehicle (CMV) drivers. Daimler 

requested a 5-year exemption from the 

Federal requirement to hold a U.S. 

commercial driver’s license (CDL) for 

Mr. Christophe Veber, Lead Engineer in 

Vehicle Predictive Technology for 


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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45743 

Daimler. Mr. Veber holds a valid 

German commercial license and wants 

to test-drive Daimler vehicles on U.S. 

roads to better understand product 

requirements for these systems in ‘‘real 

world’’ environments, and verify 

results. Daimler believes the 

requirements for a German commercial 

license ensure that holders of the 

license will likely achieve a level of 

safety equal to or greater than that of 

drivers who hold a U.S. State-issued 

CDL. 

DATES: This exemption is applicable 

September 10, 2018 and expires 

September 11, 2023. 

ADDRESSES: 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov 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. The on-line FDMS is available 

24 hours each day, 365 days each year. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, FMCSA Driver 

and Carrier Operations Division; Office 

of Carrier, Driver and Vehicle Safety 

Standards; Telephone: 614–942–6477. 

Email: MCPSD@dot.gov. 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, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

www.regulations.gov and insert the 

docket number, ‘‘FMCSA–2012–0032 in 

the ‘‘Keyword’’ box and click ‘‘Search.’’ 

Next, click the ‘‘Open Docket Folder’’ 

button and choose the document to 

review. If you do not have access to the 

internet, you may view the docket 

online by visiting the Docket 

Management Facility 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., e.t., Monday through Friday, 

except Federal holidays. 

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. 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 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). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reason for the 

grant or denial, and, if granted, the 

specific person or class of persons 

receiving the exemption, and the 

regulatory provision or provisions from 

which exemption is granted. The notice 

must also specify the applicability 

period of the exemption (up to 5 years), 

and explain the terms and conditions of 

the exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

Request for Exemption 

On behalf of Mr. Christophe Veber, 

Daimler has applied for a 5-year 

exemption from 49 CFR 383.23, which 

prescribes licensing requirements for 

drivers operating CMVs in interstate or 

intrastate commerce. Mr. Veber is 

unable to obtain a CDL in any of the 

States due to his lack of residency in the 

United States. A copy of the application 

is in Docket No. FMCSA–2012–0032. 

The exemption would allow Mr. 

Veber to operate CMVs in interstate or 

intrastate commerce to support Daimler 

field tests designed to meet future 

vehicle safety and environmental 

requirements and to develop improved 

safety and emission technologies. Mr. 

Veber needs to drive Daimler vehicles 

on public roads to better understand 

‘‘real world’’ environments in the U.S. 

market. According to Daimler, Mr. 

Veber will typically drive for no more 

than 6 hours per day for 2 consecutive 

days, and that 10 percent of the test 

driving will be on two-lane State 

highways, while 90 percent will be on 

Interstate highways. The driving 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. He 

will in all cases be accompanied by a 

holder of a U.S. CDL who is familiar 

with the routes to be traveled. 

Mr. Veber would be required to 

comply with all applicable Federal 

Motor Carrier Safety Regulations 

(FMCSRs) (49 CFR parts 350–399) 

except the CDL provisions described in 

this notice. 

Mr. Veber holds a valid German 

commercial license, and as explained by 

Daimler in its exemption request, the 

requirements for that license ensure that 

the same level of safety is met or 

exceeded as if this driver had a U.S. 

CDL. Furthermore, according to 

Daimler, Mr. Veber is familiar with the 

operation of CMVs worldwide. 

IV. Method To Ensure an Equivalent or 

Greater Level of Safety 

FMCSA has previously determined 

that the process for obtaining a German 

commercial license is comparable to, or 

as effective as, the requirements of part 

383, and adequately assesses the 

driver’s ability to operate CMVs in the 

U.S. Since 2012, FMCSA has granted 

Daimler drivers similar exemptions 

[May 25, 2012 (77 FR 31422); July 22, 

2014 (79 FR 42626); March 27, 2015 (80 

FR 16511); October 5, 2015 (80 FR 

60220); July 12, 2016 (81 FR 45217); 

July 25, 2016 (81 FR 48496); August 17, 

2017 (82 FR 39151)]. 

V. Public Comments 

On April 24, 2018, FMCSA published 

notice of this application and requested 

public comments (82 FR 17886). No 

comments were submitted. 

VI. FMCSA Decision 

Based upon the merits of this 

application, including Mr. Veber’s 

extensive driving experience and safety 

record, FMCSA has 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). 

VII. Terms and Conditions for the 

Exemption 

FMCSA grants Daimler and 

Christophe Veber an exemption from 

the CDL requirement in 49 CFR 383.23 

to allow Mr. Veber to drive CMVs in this 

country without a U.S. State-issued 

CDL, 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 Daimler; (4) at all times while 


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45744 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 

operating a CMV under this exemption, 

the driver must be accompanied by a 

holder of a U.S. 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 this 

driver; and (6) Daimler must notify 

FMCSA in writing if this driver is 

convicted of a disqualifying offense 

under § 383.51 or § 391.15 of the 

FMCSRs. 

In accordance with 49 U.S.C. 31315 

and 31136(e), the exemption will be 

valid for 5 years unless revoked earlier 

by the FMCSA. The exemption will be 

revoked if: (1) Mr. Veber 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. 

VIII. 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. 

Issued on: August 30, 2018. 

Raymond P. Martinez, 

Administrator. 

[FR Doc. 2018–19636 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0332; FMCSA– 

2014–0385] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 2 

individuals from the hearing 

requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

interstate commercial motor vehicle 

(CMV) drivers. The exemptions enable 

these hard of hearing and deaf 

individuals to continue to operate CMVs 

in interstate commerce. 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates stated in 

the discussions below. Comments must 

be received on or before October 10, 

2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2012–0332; FMCSA–2014–0385 using 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., e.t., 

Monday through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time or 

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., e.t., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, 202–366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE, Room W64–224, 

Washington, DC 20590–0001. Office 

hours are from 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption for five 

years if it finds ‘‘such exemption would 

likely achieve a level of safety that is 

equivalent to or greater than the level 

that would be achieved absent such 

exemption.’’ The statute also allows the 

Agency to renew exemptions at the end 

of the five-year period. FMCSA grants 

exemptions from the FMCSRs for a twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The physical qualification standard 

for drivers regarding hearing found in 

49 CFR 391.41(b)(11) states that a 

person is physically qualified to driver 

a CMV if that person first perceives a 

forced whispered voice in the better ear 

at not less than 5 feet with or without 

the use of a hearing aid or, if tested by 

use of an audiometric device, does not 

have an average hearing loss in the 

better ear greater than 40 decibels at 500 

Hz, 1,000 Hz, and 2,000 Hz with or 

without a hearing aid when the 

audiometric device is calibrated to 

American National Standard (formerly 

ASA Standard) Z24.5—1951. 

49 CFR 391.41(b)(11) was adopted in 

1970, with a revision in 1971 to allow 

drivers to be qualified under this 

standard while wearing a hearing aid, 

35 FR 6458, 6463 (April 22, 1970) and 

36 FR 12857 (July 3, 1971). 

The 2 individuals listed in this notice 

have requested renewal of their 

exemptions from the hearing standard 

in 49 CFR 391.41(b)(11), in accordance 

with FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 

and decided to extend each exemption 

for a renewable two-year period. 

II. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

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, FMCSA will 


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