```

[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Notices]
[Pages 4832-4835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00938]

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     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.
     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 www.regulations.gov, 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 www.regulations.gov 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 www.regulations.gov, 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 www.dot.gov/privacy/privacy-act-system-records-notices. 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; [email protected]. 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 www.regulations.gov 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

[[Page 4834]]

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 
[email protected].

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
```