39152 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 

unable to obtain a CDL in any of the 

States due to his lack of residency in the 

United States. A copy of the application 

is in Docket No. FMCSA–2012–0032. 

The exemption would allow Mr. 

Helbing to operate CMVs in interstate or 

intrastate commerce to support Daimler 

field tests designed to meet future 

vehicle safety and environmental 

requirements and to develop improved 

safety and emission technologies. Mr. 

Helbing needs to drive Daimler vehicles 

on public roads to better understand 

‘‘real world’’ environments in the U.S. 

market. According to Daimler, Mr. 

Helbing will typically drive for no more 

than 6 hours per day for 2 consecutive 

days, and that 10 percent of the test 

driving will be on two-lane State 

highways, while 90 percent will be on 

Interstate highways. The driving will 

consist of no more than 200 miles per 

day, for a total of 400 miles during a 

two-day period on a quarterly basis. He 

will in all cases be accompanied by a 

holder of a U.S. CDL who is familiar 

with the routes to be traveled. 

Mr. Helbing would be required to 

comply with all applicable Federal 

Motor Carrier Safety Regulations 

(FMCSRs) (49 CFR parts 350–399) 

except the CDL provisions described in 

this notice. 

Mr. Helbing holds a valid German 

commercial license, and as explained by 

Daimler in its exemption request, the 

requirements for that license ensure that 

the same level of safety is met or 

exceeded as if this driver had a U.S. 

CDL. Furthermore, according to 

Daimler, Mr. Helbing is familiar with 

the operation of CMVs worldwide. 

IV. Method To Ensure an Equivalent or 

Greater Level of Safety 

FMCSA has previously determined 

that the process for obtaining a German 

commercial license is comparable to, or 

as effective as, the requirements of part 

383, and adequately assesses the 

driver’s ability to operate CMVs in the 

U.S. Since 2012, FMCSA has granted 

Daimler drivers similar exemptions 

[May 25, 2012 (77 FR 31422); 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)]. 

V. Public Comments 

On May 15, 2017, FMCSA published 

notice of this application and requested 

public comments (82 FR 22378). No 

comments were submitted. 

VI. FMCSA Decision 

Based upon the merits of this 

application, including Mr. Helbing’s 

extensive driving experience and safety 

record, FMCSA has concluded that the 

exemption 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 § 381.305(a). 

VII. Terms and Conditions for the 

Exemption 

FMCSA grants Daimler and Philipp 

Helbing an exemption from the CDL 

requirement in 49 CFR 383.23 to allow 

Mr. Helbing to drive CMVs in this 

country without a U.S. State-issued 

CDL, 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 Daimler; (4) at all times while 

operating a CMV under this exemption, 

the driver must be accompanied by a 

holder of a U.S. 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 this 

driver; and (6) Daimler must notify 

FMCSA in writing if this driver is 

convicted of a disqualifying offense 

under § 383.51 or § 391.15 of the 

FMCSRs. 

In accordance with 49 U.S.C. 31315 

and 31136(e), the exemption will be 

valid for 5 years unless revoked earlier 

by the FMCSA. The exemption will be 

revoked if: (1) Mr. Helbing fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption 

results in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

be inconsistent with the goals and 

objectives of 49 U.S.C. 31315 and 31136. 

VIII. 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. 

Issued on: August 5, 2017. 

Daphne Y. Jefferson, 

Deputy Administrator. 

[FR Doc. 2017–17393 Filed 8–16–17; 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 Renewal of 

Exemption; Daimler Trucks North 

America (Daimler) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; 

granting of application for renewal of 

exemption. 

SUMMARY: FMCSA announces its 

decision to grant Daimler Trucks North 

America’s (Daimler) application for 

renewal of an exemption from the 

requirement for a commercial driver’s 

license (CDL) for one of its commercial 

motor vehicle (CMV) drivers, Sven 

Ennerst. Mr. Ennerst has operated safely 

under this exemption since July 22, 

2014. The renewal allows Mr. Ennerst, 

a Daimler engineering executive who 

holds a German commercial license, to 

continue to test-drive Daimler CMVs on 

U.S. roads to improve Daimler’s 

understanding of product requirements 

in ‘‘real world’’ environments. FMCSA 

has concluded that this exemption 

would likely achieve a level of safety 

that is equivalent to or greater than the 

level that would be achieved if Mr. 

Ennerst were required to obtain a U.S. 

CDL. 

DATES: This exemption is renewed 

effective July 22, 2017 and will expire 

July 22, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, FMCSA Driver 

and Carrier Operations Division; Office 

of Carrier, Driver and Vehicle Safety 

Standards; Telephone: 614–942–6477. 

Email: 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, as well as 

documents mentioned in this preamble 

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 the Docket 

Management Facility in Room W12–140 

on the ground floor of the DOT West 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 39153 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., e.t., 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 the 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 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). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reason for the 

grant or denial, and, if granted, the 

specific person or class of persons 

receiving the exemption, and the 

regulatory provision or provisions from 

which exemption is granted. The notice 

must also specify the effective period of 

the exemption (up to 5 years), and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Daimler Application for Exemption 

Renewal 

Daimler has applied for a renewal of 

an exemption for one of its engineers 

from 49 CFR 383.23, which prescribes 

licensing requirements for drivers 

operating CMVs in interstate or 

intrastate commerce. This driver, Sven 

Ennerst, holds a valid German 

commercial license but is unable to 

obtain a CDL in any of the U.S. States 

due to residency requirements. A copy 

of the request for renewal, dated 

February 15, 2017, is in the docket 

identified at the beginning of this 

notice. 

Effective July 22, 2015, FMCSA 

renewed for 2 years Mr. Ennerst’s 

previous 1-year exemption (80 FR 

45576, July 30, 2015). That exemption 

expired on July 22, 2017. Detailed 

information about the qualifications and 

experience of Mr. Ennerst was provided 

by Daimler in its original application, a 

copy of which is in the docket 

referenced above. Renewal of the 

exemption will enable Mr. Ennerst to 

operate CMVs in interstate or intrastate 

commerce to support Daimler field tests 

designed to meet future vehicle safety 

and environmental requirements and to 

develop improved safety and emission 

technologies. According to Daimler, Mr. 

Ennerst will typically drive for no more 

than 6 hours per day for 2 consecutive 

days, and 10 percent of the test driving 

will be on two-lane State highways, 

while 90 percent will be on interstate 

highways. The driving will consist of no 

more than 200 miles per day, for a total 

of 400 miles during a two-day period on 

a quarterly basis. He will in all cases be 

accompanied by a holder of a U.S. CDL 

who is familiar with the routes to be 

traveled. Daimler requests that the 

exemption cover the maximum 

allowable duration of 5 years. 

Daimler has explained in prior 

exemption requests that the German 

knowledge and skills tests and training 

program ensure that Daimler’s drivers 

operating under the exemption will 

achieve a level of safety that is 

equivalent to, or greater than, the level 

of safety obtained by complying with 

the U.S. requirement for a CDL. 

IV. Method To Ensure an Equivalent or 

Greater Level of Safety 

FMCSA has previously determined 

that the process for obtaining a German 

commercial license is comparable to, or 

as effective as, the requirements of part 

383, and adequately assesses the 

driver’s ability to operate CMVs in the 

U.S. Since 2012, FMCSA has granted 

Daimler drivers similar exemptions 

[May 25, 2012 (77 FR 31422); July 22, 

2014 (79 FR 42626); March 27, 2015 (80 

FR 16511); October 5, 2015 (80 FR 

60220); July 12, 2016 (81 FR 45217); 

July 25, 2016 (81 FR 48496)]. 

V. Public Comments 

On May 15, 2017, FMCSA published 

notice of this application and requested 

public comments (82 FR 22371). No 

comments were submitted. 

VI. FMCSA Decision 

Based upon the merits of this 

application, including Mr. Ennerst’s 

extensive driving experience and safety 

record, FMCSA has concluded that the 

exemption 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 § 381.305(a). 

VII. Terms and Conditions for the 

Exemption 

FMCSA grants Daimler and Sven 

Ennerst an exemption from the CDL 

requirement in 49 CFR 383.23 to allow 

Mr. Ennerst to drive CMVs in this 

country without a U.S. State-issued 

CDL, 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 Daimler; (4) at all times while 

operating a CMV under this exemption, 

the driver must be accompanied by a 

holder of a U.S. 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 this 

driver; and (6) Daimler must notify 

FMCSA in writing if this driver is 

convicted of a disqualifying offense 

under § 383.51 or § 391.15 of the 

FMCSRs. 

In accordance with 49 U.S.C. 31315 

and 31136(e), the exemption will be 

valid for 5 years unless revoked earlier 

by the FMCSA. The exemption will be 

revoked if: (1) Mr. Ennerst fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption 

results in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

be inconsistent with the goals and 

objectives of 49 U.S.C. 31315 and 31136. 

VIII. 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. 

Issued on: August 5, 2017. 

Randi F. Hutchinson, 

Chief Counsel. 

[FR Doc. 2017–17392 Filed 8–16–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2016–0136] 

Pipeline Safety: Meetings of the Gas 

Pipeline Advisory Committee and the 

Liquid Pipeline Advisory Committee 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of advisory committee 

meetings. 

SUMMARY: This notice announces both a 

public meeting of the Technical 


sradovich on DSK3GMQ082PROD with NOTICES