[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14288-14289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04940]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0131]
Commercial Driver's License Standards: Application for Exemption;
Teupen North America, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant an exemption from the
commercial driver's license (CDL) regulations to Teupen North America,
Inc. (Teupen) for one driver, Mr. Martin Borutta, Lead Engineer for
Teupen. Mr. Borutta holds a valid German commercial license and wants
to test drive Teupen's new aerial lift design vehicle on U.S. roads to
better understand product requirements for safe application in the U.S.
market, and verify results. FMCSA believes that the requirements for a
German commercial license ensure that operations under the exemption
would likely achieve a level of safety equivalent to or greater than
the level that would be obtained in the absence of the exemption.
DATES: This exemption is effective March 11, 2020 and expires March 11,
2025.
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. The on-line Federal Docket Management System
(FDMS) is available 24 hours each day, 365 days each year.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking 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; Telephone: 202 366-4325. Email: [email protected]. 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-2019-0131'' 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 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
[[Page 14289]]
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. Request for Exemption
Teupen applied for an exemption for Mr. Martin Borutta from 49 CFR
383.23, which prescribes licensing requirements for drivers operating
commercial motor vehicles (CMVs) in interstate or intrastate commerce.
He holds a valid German commercial license but is unable to obtain a
CDL because he not domiciled in this country. A copy of the exemption
application is in the docket referenced at the beginning of this
notice.
The exemption would allow this driver to operate CMVs in interstate
or intrastate commerce to support Teupen field tests designed to better
understand product requirements and ensure the safe operation of their
new aerial lift design vehicle in environments in the U.S. According to
Teupen, Mr. Borutta will typically drive for no more than 5 hours per
day for one to two days. The test driving will typically be done on
interstate highways, and driving will consist of no more than 200 miles
per day. He will in all cases be accompanied by a U.S. CDL holder
familiar with the routes to be traveled.
Mr. Borutta holds a valid German commercial license, and as
explained by Teupen in its exemption request, the requirements for that
license ensure that, operating under the exemption, Mr. Borutta would
likely achieve a level of safety equivalent to or greater than the
level that would be achieved by the current regulation. Teupen requests
that the exemption cover the maximum allowable period of five years.
IV. Method To Ensure an Equivalent or Greater Level of Safety
Teupen notes 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. The Agency granted one of Navistar's drivers a similar
exemption [April 15, 2019 (84 FR 15283)]. Since 2015, the Agency has
also granted Daimler drivers similar exemptions: [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); and
September 10, 2018 (83 FR 45742)]. The Agency has not received any
information or reports indicating there have been safety performance
problems with individuals holding German commercial licenses who
operate CMVs on public roads in the United States.
V. Public Comments
On October 24, 2019, FMCSA published notice of this application and
requested public comments (84 FR 57155). One commenter stated: ``Concur
with request for exemption. Additionally, as this scenario is possibly
encountered by military spouses without U.S. citizenship, recommend
review of the regulation to consider possibilities for inclusive
language while still maintaining safety standards.''
VI. FMCSA Decision
Based upon the merits of this application, including Mr. Borutta'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 Sec. 381.305(a). The requirements
for a German-issued commercial license ensure that drivers meet or
exceed the same level of safety as if these drivers had obtained a U.S.
CDL. Mr. Borutta is familiar with the operation of CMVs and will be
accompanied at all times by a driver who holds a U.S. CDL and is
familiar with the routes to be traveled. FMCSA has determined that the
process for obtaining a commercial license in Germany is comparable to
that for obtaining a CDL issued by one of the States and adequately
assesses the driver's ability to operate CMVs safely in the United
States.
VII. Terms and Conditions for the Exemption
FMCSA grants Teupen driver Martin Borutta an exemption from the CDL
requirement in 49 CFR 383.23 to allow him to drive CMVs in this country
without a State-issued CDL, subject to the following terms and
conditions:
(1) The driver and carrier must comply will 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 their duties for Teupen;
(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) Teupen must notify FMCSA in writing within 5 business days of
any accident, as defined in 49 CFR 390.5, involving this driver; and
(6) Teupen must notify FMCSA in writing if this driver is convicted
of a disqualifying offense under Sec. 383.51 or Sec. 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. Borutta 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
Pursuant to 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: February 19, 2020.
Jim Mullen,
Acting Administrator.
[FR Doc. 2020-04940 Filed 3-10-20; 8:45 am]
BILLING CODE 4910-EX-P