Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 25081 

and indicates that that he may operate 

a CMV from a cardiac standpoint. 

IV. Request for Comments 

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

and 31315(b), 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 

under the DATES section of the notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–08989 Filed 4–26–22; 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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; 

granting of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant an exemption to 

Daimler Trucks North America 

(Daimler) for nine of its commercial 

motor vehicle (CMV) drivers, identified 

below. Under this exemption, the nine 

drivers are not subject to the 

commercial driver’s license (CDL) 

requirements and therefore are exempt 

from the requirements of the Agency’s 

drug and alcohol regulations. This 

exemption will permit the Daimler 

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 because of nonimmigrant visa 

requirements, 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 obtained in the 

absence of the exemption. 

DATES: The exemption is effective April 

27, 2022 and expires April 27, 2027. 

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. To be sure 

someone is there to help you, please call 

(202) 366–9317 or (202) 366–9826 

before visiting Dockets Operations. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente; FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; (202) 366–4325; MCPSD@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this notice 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 Dockets 

Operations in Room W12–140 on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m., ET, 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 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 Agency’s decision 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. Current Regulatory Requirements 

Under 49 CFR 383.23, no person 

subject to the CDL requirements shall 

operate a CMV unless such person has 

taken and passed certain knowledge and 

driving skills tests. Such drivers are also 

subject to the controlled substances and 

alcohol testing requirements of 49 CFR 

part 382, including the Drug and 

Alcohol Clearinghouse (Clearinghouse) 

requirements set forth in 49 CFR part 

382, subpart G. 

The Clearinghouse is a central 

repository of drivers’ drug and alcohol 

program violations. Under the 

Clearinghouse regulations in 49 CFR 

part 382, subpart G, employers are 

required to query the system to 

determine whether current and 

prospective employees have incurred a 

drug or alcohol program violation that 

would prohibit them from performing 

safety-sensitive functions as defined in 

49 CFR 382.107. Additionally, 

employers are required to report driver 

drug and alcohol program violations to 

the Clearinghouse. 

IV. Applicant’s Request 

Daimler has requested an exemption 

from 49 CFR 383.23, which states that 

no person may operate a CMV, as 

defined in 49 CFR 383.5, until passing 

the applicable knowledge and skills test 

necessary to obtain a Commercial 

Learner’s Permit (CLP) or CDL. Daimler 

further requested an exemption for the 

nine drivers from the Clearinghouse 

requirements of 49 CFR part 382, 

subpart G, stating that, for a driver to 

register and for a motor carrier to 

conduct full/limited queries and/or 

report violations to the Clearinghouse, a 

valid State-issued CDL number is 

required. 

The following drivers would be 

covered by the exemption: Manfred 

Wilhelm Guggolz, Thorsten Sascha 

Kugel, Steffen Keppeler, Lars Nock, Jorg 

Wolfgang Spielvogel, Frank-Michael 

Kircher, Jochen Hans Horwath, Dominik 

Cammerer, and Carsten Schewe. Each of 

these drivers has a valid German 

commercial license. The exemption 

would allow these nine drivers to 

operate CMVs in interstate commerce to 

support Daimler field tests to meet 

future vehicle safety and environmental 

regulatory requirements, and to promote 

the development of technology 

advancements in vehicle safety systems 

and emissions reductions. Daimler 


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25082 Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 

1FMCSA has granted Daimler drivers similar 

exemptions: July 22, 2014 (79 FR 42626); March 27, 

2015 (80 FR 16511); October 5, 2015 (80 FR 60220); 

December 7, 2015 (80 FR 76059); December 21, 

2015 (80 FR 79410); July 12, 2016 (81 FR 45217); 

July 25, 2016 (81 FR 48496); August 17, 2017 (82 

FR 39151); September 10, 2018 (83 FR 45742); and 

September 28, 2020 (85 FR 60782). 

stated that the drivers would be in 

country for no more than six weeks per 

year. 

V. Method To Ensure an Equivalent or 

Greater 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 these 

drivers had a CDL issued by one of the 

States. Daimler explained that the 

drivers are 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 each of 

the nine drivers. Daimler also stated that 

the drivers would comply with the 

requirements of the drug and alcohol 

program, with the exception of the 

Clearinghouse requirements, to ensure 

safety equivalency. 

VI. Public Comments 

On December 9, 2020, FMCSA 

published notice of the Daimler 

application and requested public 

comments (85 FR 79260). The Agency 

received one comment from a private 

citizen; Mr. Mark Whelan, who 

questioned why the Daimler drivers 

should not be required to obtain a Stateissued CDL and undergo drug testing. 

VII. FMCSA Decision 

FMCSA has determined that the 

process for obtaining a CDL in Germany 

is comparable to the process for 

obtaining a State-issued CDL and 

therefore adequately ensures the drivers 

can safely operate a CMV in the United 

States. 

Under this exemption, the Daimler 

drivers would not be subject to the drug 

and alcohol testing requirements, set 

forth in 49 CFR part 382, which apply 

only to drivers who are subject to the 

CDL requirements in 49 CFR part 383, 

the Canadian National Safety Code, or 

the Licencia Federal de Conductor 

(Mexico), and to their employers (49 

CFR 382.103(a)). Therefore, to ensure a 

likely equivalent level of safety, the 

terms and conditions of this exemption 

require that Daimler implement a 

corporate drug and alcohol testing 

program substantially equivalent to the 

testing requirements in part 382. 

FMCSA determines that because the 

Daimler drivers are not subject to 49 

CFR part 382, an exemption from the 

Clearinghouse requirements in subpart 

G is unnecessary. 

Based on the information provided by 

Daimler, as described in section IV, 

including the drivers’ experience and 

safety records, FMCSA concludes that 

the exemption, subject to the terms and 

conditions set forth in section VIII, 

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).1

VIII. Terms and Conditions for the 

Exemption 

This exemption applies only to the 

following Daimler drivers: Manfred 

Wilhelm Guggolz, Thorsten Sascha 

Kugel, Steffen Keppeler, Lars Nock, Jorg 

Wolfgang Spielvogel, Frank-Michael 

Kircher, Jochen Hans Horvath, Dominik 

Cammerer, and Carsten Schewe. These 

drivers are granted an exemption from 

the CDL requirement in 49 CFR 383.23 

to allow them to drive CMVs in the 

United States without a State-issued 

CDL. Consequently, the drivers are not 

subject to the requirements of 49 CFR 

part 382, including the Clearinghouse 

requirements in subpart G. When 

operating under this exemption, the 

Daimler drivers are subject to the 

following terms and conditions: 

(1) The drivers and Daimler must 

comply with all other applicable 

Federal Motor Carrier Safety 

Regulations (49 CFR parts 350–399); 

(2) The drivers must be able to 

provide this exemption document to 

enforcement officials; 

(3) The drivers must be in possession 

of a valid German commercial driver’s 

license; 

(4) The drivers must be employed by 

Daimler and must operate the CMV 

within the scope of their duties for 

Daimler; 

(5) At all times while operating a 

CMV under this exemption, the drivers 

must be accompanied by a holder of a 

State-issued CDL who is familiar with 

the routes traveled; 

(6) Daimler must notify FMCSA in 

writing if any of these drivers is 

convicted of an offense listed in 

§ 383.51 or a disqualifying offense under 

§ 391.15 of the Federal Motor Carrier 

Safety Regulations; and 

(7) Daimler 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 the 

drivers be subject to those requirements. 

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 accident (as defined in 49 CFR 

390.5), involving any of the Daimler 

drivers while operating a CMV under 

the terms of this exemption. The 

notification must include the following 

information: 

a. Identifier of the Exemption: ‘‘Daimler;’’ 

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. 

IX. Termination 

FMCSA has no reason to believe the 

motor carrier and drivers covered by 

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 for 

failure to comply with its terms and 

conditions. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–08935 Filed 4–26–22; 8:45 am] 

BILLING CODE 4910–EX–P 


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