Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 25083 

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 from the 

commercial driver’s license (CDL) 

requirements to Daimler Trucks North 

America (Daimler) for one of its 

commercial motor vehicle (CMV) 

drivers, Ms. Gesa Reimelt, a product 

engineer in powertrain solutions. She 

holds a valid German commercial 

license and wants to test drive Daimler 

vehicles on U.S. roads to better 

understand product requirements in 

‘‘real world’’ environments and verify 

results. Under this exemption, Ms. 

Reimelt is exempt from the the Agency’s 

drug and alcohol regulations in 49 CFR 

part 382, which apply only to CDL 

holders. FMCSA reviewed Ms. Reimelt’s 

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, including a 

Daimler-administered drug and alcohol 

testing program, will ensure that her 

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. 

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; 202–366–2722. 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, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2012–0032’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

click ‘‘Browse Comments.’’ 

To view documents mentioned in this 

notice as being available in the docket, 

go to www.regulations.gov, insert the 

docket number ‘‘FMCSA–2012–0032’’ in 

the keyword box, click ‘‘Search,’’ and 

chose 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 

20590, 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. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) 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 

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. 

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 incurred a 

drug or alcohol violation that would 

prohibit them from performing safetysensitive functions covered by the 

FMCSA and U.S. Department of 

Transportation (DOT) drug and alcohol 

testing regulations. 

Applicant’s Request 

Daimler has requested an exemption 

from 49 CFR 383.23 because Ms. 

Reimelt is unable to obtain a CDL due 

to her lack of residency in the United 

States. Daimler further requested an 

exemption from the Clearinghouse 

requirements of 49 CFR part 382, 

subpart G, for Ms. Reimelt because a 

valid State-issued CDL number is 

required for a driver to register and for 

a motor carrier to run full/limited 

queries and/or report violations to the 

Clearinghouse. 

Gesa Reimelt has a valid German 

commercial license. The exemption 

would allow her to operate a CMV in 

interstate commerce to support Daimler 

field tests to meet future vehicle safety 

and environmental requirements, and to 

promote technical advancements in 

vehicle safety systems and emissions 

reductions. Daimler stated that the 

driver would be in this country for no 

more than six weeks per year. 

IV. 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 this 

driver had a CDL issued by one of the 

States. Daimler explained that Gesa 

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 a 

statement of Ms. Reimelt’s driving 

history. Daimler also stated that she 

would ensure safety equivalency by 

complying with the requirements of the 

drug and alcohol program, as 


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25084 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). 

administered by Daimler, with the 

exception of the Clearinghouse 

requirements. 

V. Public Comments 

On August 19, 2021, FMCSA 

published notice of the Daimler 

application and requested public 

comments (86 FR 46752). The Agency 

received no comments. 

VI. 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 that this 

driver can safely operate a CMV in the 

United States. 

Under this exemption, Gesa Reimelt is 

not 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 an equivalent level 

of safety, the terms and conditions of 

this exemption require Daimler to 

implement a corporate drug and alcohol 

testing program substantially equivalent 

to the testing requirements in part 382. 

Because Ms. Reimelt is 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 driver’s experience and 

safety record, FMCSA concludes that 

the exemption, subject to the terms and 

conditions set forth in section VII, 

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

VII. Terms and Conditions for the 

Exemption 

This exemption applies only to 

Daimler driver Gesa Reimelt. This driver 

is granted an exemption from the CDL 

requirement in 49 CFR 383.23 to allow 

her to drive CMVs in the United States 

without a State-issued CDL. 

Consequently, Ms. Reimelt is not subject 

to the requirements of 49 CFR part 382, 

including the Clearinghouse 

requirements in subpart G. When 

operating under this exemption, she is 

subject to the following terms and 

conditions: 

(1) The driver and Daimler must 

comply with all other applicable 

provisions of the Federal Motor Carrier 

Safety Regulations (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 her duties for Daimler; 

(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) Daimler must notify FMCSA in 

writing within 5 business days of any 

accident, as defined in 49 CFR 390.5, 

involving Ms. Reimelt; 

(6) Daimler must notify FMCSA in 

writing if Ms. Reimelt 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 

requirements in 49 CFR part 382 (and 49 

CFR part 40 regarding collection 

procedures, the panel of drugs tested 

and the thresholds, and the processing 

of samples, etc.), excluding the 

Clearinghouse requirements in subpart 

G. 

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 positive drug or alcohol tests, or 

accident (as defined in 49 CFR 390.5), 

involving Gesa Reimelt while operating 

a CMV under the terms of this 

exemption. The notification about 

accidents must include the following 

information: 

a. Identifier of the Exemption: 

‘‘Daimler -Reimelt;’’ 

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. 

VIII. Termination 

FMCSA has no reason to believe the 

motor carrier and driver 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. 2022–08932 Filed 4–26–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

U.S. Merchant Marine Academy Board 

of Visitors; Public Meeting 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice of public meeting. 

SUMMARY: The U.S. Department of 

Transportation, Maritime 

Administration announces that the U.S. 

Merchant Marine Academy (USMMA) 

will hold a meeting of the USMMA 

Board of Visitors (BOV). The meeting 

will be available in-person at USMMA 

with a virtual component available. 

DATES: May 13, 2022, from 1:00 p.m. to 

3:00 p.m. EST. 

Requests to attend the meeting must 

be received by May 8, 2022. Permission 

to attend in-person will be based on 

space available. Requests will be taken 

as they are received until available 

spaces are full. After on-campus seating 

space in the meeting room has been 


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