[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25081-25082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08935]


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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.

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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; <a href="/cdn-cgi/l/email-protection#b8f5fbe8ebfcf8dcd7cc96dfd7ce"><span class="__cf_email__" data-cfemail="0f424c5f5c4b4f6b607b21686079">[email protected]</span></a>. 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

[[Page 25082]]

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 
State-issued 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\
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    \1\ FMCSA 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).
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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 Sec.  383.51 or a disqualifying 
offense under Sec.  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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