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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20120032

Commercial Drivers License Standards: Application for Exemption;
Daimler Trucks North America, LLC
Daimler Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT.
ACTION: Notice of application for exemption; request for comments.

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AGENCY:

SUMMARY: FMCSA announces that Daimler Trucks North America, LLC
Daimler has requested an exemption from the commercial drivers 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
20120032 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 W12140, Washington, DC 205900001.
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: 12024932251.
Each submission must include the Agency name and the docket number for this notice FMCSA20120032. 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
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comments, go to www.regulations.gov at any time or visit Room W12140 on the ground level of the West Building, 1200
New Jersey Avenue SE, Washington, DC
205900001 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 3669826 before visiting Docket Operations.
Privacy Act: In accordance with 5
U.S.C. 553c, 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/ALL14 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; 2023662722. MCPSD@
dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Operations, 202
3669826.
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 FMCSA20120032, 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, FMCSA20120032 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
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unbound format, no larger than 812 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.
31136e 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
381.315a. 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 381.315b 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 381.300b.
III. Background Current Regulations 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 learners 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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