Commercial Driver's License Standards: Recreation Vehicle Industry Association Application for Exemption |
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Topics: Recreation Vehicle Industry Association
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Daphne Y. Jefferson
Federal Motor Carrier Safety Administration
12 April 2017
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17734-17736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07315]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0352]
Commercial Driver's License Standards: Recreation Vehicle
Industry Association Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
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SUMMARY: FMCSA announces its decision to renew a 2015 exemption from
the Federal commercial driver's license (CDL) requirements for drivers
who deliver certain newly manufactured motorhomes and recreational
vehicles (RVs) to dealers or trade shows before retail sale (driveaway
operations). The Recreation Vehicle Industry Association (RVIA)
requested that the exemption be renewed because compliance with the CDL
requirements prevents its members from implementing more efficient
operations due to a shortage of CDL drivers. The exemption renewal is
for five years and covers employees of all U.S. driveaway companies, RV
manufacturers, and RV dealers transporting RVs between manufacturing
sites and dealer locations and for movements prior to first retail
sale. Drivers engaged in driveaway deliveries of RVs with gross vehicle
weight ratings of 26,001 pounds or more will not be required to have a
CDL as long as the empty RVs have gross vehicle weights or gross
combination weights that do not meet or exceed 26,001 pounds, and any
RV trailers towed by other vehicles weigh 10,000 pounds or less. RV
units that have a combined gross vehicle weight exceeding 26,000 pounds
are not covered by the exemption.
DATES: This renewed exemption is effective April 6, 2017 and expires on
April 6, 2022. Comments must be received on or before April 27, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2014-0352 using any of the
following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
Mail: Docket Management Facility, 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-
[[Page 17735]]
140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., 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. 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, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line 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. 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 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-2014-0352), 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-2014-0352'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. 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 review all comments received and determine
whether the renewal of the exemption is consistent with the
requirements of 49 U.S.C. 31315 and 31136(e). Comments received after
the comment closing date will be filed in the public docket and will be
considered to the extent practicable.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the certain portions of 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 the 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)).
Application for Renewal Exemption
The RVIA's initial exemption application from the provisions of 49
CFR 383.91(a)(1)-(2) was submitted in 2014; a copy of the application
is in the docket identified at the beginning of this notice. The 2014
application describes fully the nature of the RV deliveries by
commercial motor vehicle (CMV) drivers. The exemption was originally
granted on April 6, 2015 (80 FR 18493).
The RVIA requests renewal of an exemption from the requirement
under 49 CFR 383.91(a)(1)-(2) to hold a CDL when transporting RVs with
an actual vehicle weight not exceeding 26,000 pounds, or a combination
of RV trailer/tow vehicle with the actual weight of the towed unit not
exceeding 10,000 pounds and the gross combined weight not exceeding
26,000 pounds. In other words, RVIA requested that CDLs not be required
for driveaway operations of single or combination vehicles with a gross
vehicle weight rating at or above 26,001 pounds, as long as the actual
weight of the vehicle or combination is below 26,001 pounds. RV units
that have a ship weight and combined gross vehicle weight exceeding
26,000 pounds would not be covered by the exemption. RVIA contends that
compliance with the CDL rule prevents its members from implementing
more efficient operations due to a shortage of drivers who hold a CDL.
RVIA asserts that FMCSA should look at the actual weight of the RV when
it is manifested as empty and should not require a CDL during the short
time the RV is not loaded, does not carry freight, and is transported
from the factory where it is manufactured, or from a holding area, to a
dealership site.
In its initial application, RVIA contended that a shortage of
drivers with CDLs had a significant impact on the RV industry, which
was just recovering from the 2008-2009 economic downturn. A large
percentage of RV sales occur during the spring buying season. The jump
in RV shipments trends stronger each month, increasing consistently
from February through June. These excess units regularly accumulate in
RV transporters' yards. It is in this period that there is insufficient
commercial driver capacity for RV transportation. The seasonal
commercial driver shortage creates delays in the delivery of product to
consumers and potentially reduces the RV sales. Consumers who wish to
purchase an RV may have to wait weeks or months to receive delivery of
their purchase because there are not enough drivers with CDLs to
transport the vehicles from the factory to the dealership, especially
since each RV must be individually transported. While these delays are
costly and inconvenient to the RV industry and consumers, the greater
costs result in potential lost sales to consumers who are unwilling to
wait for their purchase.
RVIA states that the exemption would apply to all individuals who
are
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employees of driveaway-towaway companies, RV manufacturers, and RV
dealers. RVIA contends that, due to the class nature and the number of
parties that would be affected by the exemption, it is not feasible or
practicable to provide the names of individuals or transporters
responsible for use or operation of these CMVs.
Method To Ensure an Equivalent or Greater Level of Safety
RVIA contends that if the exemption were granted, the level of
safety associated with transportation of RVs from manufacturers to
dealers would likely be equivalent to, or greater than, the level of
safety obtained by complying with the CDL requirements for the
following reasons:
On average, drivers employed by RV manufacturers and
dealers to deliver RVs have substantially more experience operating RVs
than a typical driver operating an RV for recreational purposes. RVIA
noted that owners of these RVs are not required to hold a CDL when
operating them for non-business purposes.
According to RVIA, an analysis using the FMCSA Safety
Measurement System revealed that the majority of RV driveaway-towaway
companies' accident frequency average is far less than the national
benchmark average. Further details are provided in the RVIA exemption
application, which is contained in the docket for this notice.
Compared to drivers using RVs for recreational purposes,
RV manufacturers and driveaway-towaway companies have substantially
greater economic incentive to systematically train, monitor and
evaluate their RV drivers with respect to safe operation of RVs because
of the substantially greater number of miles they run, and the
corresponding exposure to liability for any traffic accidents.
As with any new motor vehicle, newly manufactured RVs are
much less likely to present a safety concern due to mechanical
failures.
Travel distances between the manufacturing sites and
dealer locations are on average much shorter than typical distances
which RVs travel when in recreational use, and the highway presence of
RVs transported from manufacturers to dealers is negligible even during
the peak spring delivery season.
RVIA asserts that without the exemption, drivers making deliveries
of new RVs with a gross vehicle weight rating (GVWR) exceeding 26,000
pounds, or a gross combination weight rating exceeding 26,000 inclusive
of a towed vehicle with a GVWR of 10,001 pounds or higher, will remain
subject to CDL requirements even though end-users of RVs purchasing
them from dealers in the same States would not be subject to those
requirements and regulations. This anomalous situation would continue
to materially curb the growth of the RV industry without a
countervailing safety or other benefit to the public. In particular, RV
manufacturers and dealers would continue to experience a shortage of
CDL operators during the busy spring season.
Terms and Conditions of the Exemption
Period of the Exemption
This exemption from the requirements of 49 CFR 383.91(a)(1)-(2) is
effective April 6, 2017 through April 6, 2022, 11:59 p.m. local time,
unless renewed.
Extent of the Exemption
The exemption is restricted to employees of driveaway-towaway
companies, RV manufacturers, and RV dealers transporting RVs between
the manufacturing site and dealer location and for movements prior to
first retail sale. Drivers covered by the exemption will not be
required to hold a CDL when transporting RVs with a gross vehicle
weight not exceeding 26,000 pounds, or a combination of RV trailer/tow
vehicle with the gross weight of the towed unit not exceeding 10,000
pounds and the gross combined weight not exceeding 26,000 pounds. These
drivers must comply with all other applicable provisions of the Federal
Motor Carrier Safety Regulations.
Preemption
In accordance with 49 U.S.C. 31315(d), during the period this
exemption is in effect, no State shall enforce any law or regulation
that conflicts with or is inconsistent with this exemption with respect
to a firm or person operating under the exemption.
Notification to FMCSA
Exempt motor carriers must notify FMCSA within 5 business days of
any accident (as defined in 49 CFR 390.5), involving any of its CMVs
operating under the terms of this exemption. The notification must
include the following information:
(a) Name of the exemption: ``RVIA''
(b) Name of the operating motor carrier,
(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) Vehicle number and State license number,
(g) Number of individuals suffering physical injury,
(h) Number of fatalities,
(i) The police-reported cause of the accident,
(j) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations, and
(k) The driver's total driving time and total on-duty time period
prior to the accident.
Reports filed under this provision shall be emailed to
MCPSD@DOT.GOV.
Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record.
Interested parties or organizations possessing information that
would otherwise show that any or all of these motor carriers are not
achieving the requisite statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any information submitted and,
if safety is being compromised or if the continuation of the exemption
is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will
immediately take steps to revoke the exemption of the company or
companies and drivers in question.
Issued on: April 5, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-07315 Filed 4-11-17; 8:45 am]
BILLING CODE 4910-EX-P