Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America, LLC (Daimler)

CourtFederal Motor Carrier Safety Administration,Transportation Department
Citation86 FR 46752
Record Number2021-17789
Publication Date19 Aug 2021
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 8
1
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.
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46753
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices
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 Anti-
Discrimination Subcommittee
AGENCY
: Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION
: Solicitation of nominations for
appointment for the Anti-
Discrimination 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 Anti-
Discrimination 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 Anti-
Discrimination 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 Anti-
Discrimination 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 non-
discrimination training programs.
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