46752 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices 

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, LLC 

(Daimler) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that 

Daimler Trucks North America, LLC 

(Daimler) has requested an exemption 

from the commercial driver’s license 

(CDL) requirements for one of its 

drivers, Gesa Reimelt. Daimler also 

requested an exemption for the same 

driver from the requirement to register 

CDL holders in the Drug and Alcohol 

Clearinghouse (Clearinghouse). Ms. 

Reimelt has a valid German commercial 

license and will test drive Daimler 

vehicles on U.S. roads to better 

understand product requirements in 

‘‘real world’’ environments and verify 

results. Daimler believes that the 

requirements for a German commercial 

license ensure that the same level of 

safety is met or exceeded as if this 

driver had a U.S. CDL. 

DATES: Comments must be received on 

or before September 20, 2021. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2012–0032 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: Docket Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice (FMCSA–2012–0032). 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 Room W12–140 on the 

ground level of the West Building, 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 

Docket Operations. 

Privacy Act: In accordance with 5 

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

from the public to better inform its 

regulatory 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. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; 202–366–2722. MCPSD@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Docket 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–2012–0032), 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–2012–0032’’ 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, 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 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, self-addressed 

postcard or envelope. FMCSA will 

consider all comments and materials 

received during the comment period. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain 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 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). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reasons for 

denying or granting the application and, 

if granted, the name of the person or 

class of persons receiving the 

exemption, and the regulatory provision 

from which the exemption is granted. 

The notice must also specify the 

effective period (up to 5 years) and 

explain the terms and conditions of the 

exemption. 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 commercial motor vehicle 

(CMV) unless such person has taken and 

passed the knowledge and driving skills 

tests for a commercial learner’s permit 

or CDL that meet the Federal standards 

in subparts F, G, and H of part 383 for 

the CMV that person operates or expects 

to operate. The Clearinghouse maintains 

records of all drug and alcohol program 

violations in a central repository and 

requires that employers query the 

system to determine whether current 

and prospective employees have 

verified drug or alcohol violations that 

would prohibit them from performing 

safety-sensitive functions under the 

FMCSA and U.S. Department of 

Transportation drug and alcohol testing 

regulations. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices 46753 

Applicant’s Request 

Daimler has requested an exemption 

from 49 CFR 383.23 for Gesa Reimelt, 

because she is unable to obtain a CDL 

due to her lack of residency in the 

United States. Daimler further requested 

an exemption for the driver from the 

Clearinghouse requirements of 49 CFR 

part 382, subpart G, stating that, for a 

driver to register and for a motor carrier 

to run full/limited queries and/or report 

violations to the Clearinghouse, a valid 

State-issued CDL number is required. 

Daimler’s Development Engineer/ 

Driver Gesa Reimelt has a valid German 

commercial license. The exemption 

would allow Ms. Reimelt to operate a 

CMV in interstate commerce to support 

Daimler field tests to meet future 

regulatory requirements, and to promote 

the development of improved safety and 

emissions technologies. Daimler stated 

that the driver would be in country for 

no more than six weeks per year. 

IV. Equivalent Level of Safety 

According to Daimler, the 

requirements for a German commercial 

license ensure that the same level of 

safety is met or exceeded as if a driver 

had a CDL issued by one of the States. 

Daimler explained that Ms. Reimelt is 

familiar with the operation of CMVs 

worldwide and would be accompanied 

at all times by a driver who holds a 

State-issued CDL and is familiar with 

the routes to be traveled. Additionally, 

Daimler provided statements of driving 

history for its driver. 

V. 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 49 CFR 383.23. The Agency is not 

seeking comment on Daimler’s request 

for an exemption from the 

Clearinghouse requirements, because 49 

CFR part 382, subpart G is not 

applicable to a driver who does not hold 

a CDL. 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. 2021–17789 Filed 8–18–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2018–0190] 

Aviation Consumer Protection 

Advisory Committee: Notice of 

Solicitation of Nominations for 

Appointment for the AntiDiscrimination Subcommittee 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Solicitation of nominations for 

appointment for the AntiDiscrimination Subcommittee. 

SUMMARY: The U.S. Department of 

Transportation (Department) has 

established a subcommittee of the 

Aviation Consumer Protection Advisory 

Committee (ACPAC) to focus on 

preventing discrimination and ensuring 

air travelers are treated equally and 

without bias. The Department invites 

interested persons to submit 

applications or nominations for 

membership to this subcommittee, 

which has been named the AntiDiscrimination Subcommittee. The 

Anti-Discrimination Subcommittee is 

charged with making recommendations 

to the ACPAC on best practices related 

to training and other practices or actions 

that can be taken by DOT, airlines or 

others to ensure nondiscriminatory 

delivery of airlines’ programs and 

activities to air travelers. The 

recommendations of the AntiDiscrimination Subcommittee will 

receive full review, deliberation and 

proper consideration in a public 

meeting of the ACPAC before final 

recommendations are submitted to the 

Department. 

DATES: Applications and nominations 

for membership must be received on or 

before September 20, 2021. You may 

submit your applications and 

nominations electronically via email to 

ACACP@dot.gov. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact 

Maegan Johnson, Senior Trial Attorney, 

U.S. Department of Transportation, by 

email at maegan.johnson@dot.gov, or by 

telephone at 202–366–9342. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 24, 2012, the Department 

established an advisory committee on 

aviation consumer protection as 

mandated by the FAA Reauthorization 

Act of 2012. The statutory termination 

date for the Committee was originally 

September 30, 2015, but has been 

extended several times, most recently by 

the FAA Reauthorization Act of 2018 

(2018 FAA Act) to the current 

termination date of September 20, 2023. 

The purpose of the Aviation Consumer 

Protection Advisory Committee is to 

evaluate existing aviation consumer 

protection programs and provide 

recommendations to the Secretary for 

improving and establishing additional 

aviation consumer protection programs. 

Consumer protection inherently 

includes preventing unlawful 

discrimination against consumers. 

Establishment of the AntiDiscrimination Subcommittee 

Airlines are prohibited from 

discriminating against passengers based 

on race, national origin, religion, 

ancestry, gender, gender identity and 

sexual orientation or as otherwise 

prohibited under 49 U.S.C. 40127(a) and 

49 U.S.C. 41310. 49 U.S.C. 40127(a) 

states that U.S. and foreign air carriers 

may not subject a person in air 

transportation to discrimination because 

of ‘‘race, color, national origin, religion, 

sex, or ancestry.’’ In addition, 49 U.S.C. 

41310(a) prohibits U.S. and foreign 

airlines from unreasonable 

discrimination against any person in 

foreign air transportation. The 

Department also interprets 49 U.S.C. 

§ 41712 (which prohibits airlines and 

ticket agents from engaging in unfair 

and deceptive practices and unfair 

methods of competition) and 49 U.S.C. 

41702 (which requires airlines to 

provide safe and adequate interstate air 

transportation) as prohibiting 

discrimination against airline 

passengers. The Department is 

responsible for ensuring that airlines 

adhere to Federal non-discrimination 

laws. 

The 2018 FAA Act requires the 

Department to develop best practices to 

improve airline nondiscrimination 

training policies in consultation with 

persons of diverse backgrounds in race, 

ethnicity, religion and gender, national 

organizations that represent those 

communities, airlines, airports and 

contract service providers. To help 

inform this effort, in August 2019, the 

U.S. Government Accountability Office 

(GAO) issued a report identifying key 

considerations for airline nondiscrimination training programs. 


lotter on DSK11XQN23PROD with NOTICES1