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Commercial Driver's License Standards: Recreation Vehicle Industry Association Application for Exemption Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 19 May 2022 Subjects: American Government  , Driver Licensing, Recreational Vehicles
Topic: Recreation Vehicle Industry Association |
[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Pages 30553-30555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10762]
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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), Department
of Transportation (DOT).
ACTION: Notice of renewal of exemption; request for comments.
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SUMMARY: FMCSA announces its decision to provisionally renew a 2017
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
[[Page 30554]]
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 5 years and covers
employees of all 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 RVs have actual
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 at the time of transportation. RVs that have a
gross vehicle weight or gross combined weight exceeding 26,000 pounds
are not covered by the exemption.
DATES: This renewed exemption is effective April 6, 2022 and expires on
April 6, 2027. Comments must be received on or before June 21, 2022.
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. 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., ET,
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2014-0352). 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. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits
comments from the public to better inform its exemption 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: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4225. 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 the ``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 consider all comments and material received
during the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier
Safety Regulations for a 5-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.''
RVIA has requested a five-year extension of the current exemption in
Docket No. FMCSA-2014-0352.
III. Background
Current Regulation(s) Requirements
The CDL regulations require drivers to hold a CDL when operating
vehicles in Groups A and B (49 CFR 383.91(a)(1) and 383.91(a)(2)).
Group A vehicles are any combination of vehicles with a gross
combination weight rating (GCWR) of 26,001 pounds or more, provided the
gross vehicle weight rating (GVWR) of the towed unit is over 10,000
pounds. Group B vehicles are any single vehicle with a GVWR of 26,001
pounds or more, or any such vehicle towing a vehicle not over 10,000
pounds. The GVWR is the value specified by the manufacturer as the
loaded weight of the vehicle.
Application for Renewal of Exemption
FMCSA published notice of RVIA's initial application for exemption
from 49 CFR 383.91(a)(1)-(2) to this docket on October 1, 2014 (79 FR
59343). That notice described the nature of the RV deliveries by
commercial motor vehicle (CMV) drivers. FMCSA published a notice
granting RVIA's exemption request on April 6, 2015, which was effective
through April 6, 2017 (80 FR 18493). FMCSA found that RVIA would
achieve a level of safety that was equivalent to, or greater than, the
level of safety that would be obtained by complying with the CDL
requirements. FMCSA published a notice granting RVIA's request to renew
its exemption to this docket on April 12, 2017 (82 FR 17734). The
exemption expires on April 6, 2022.
RVIA has now requested a second renewal of the exemption from the
CDL requirement in 49 CFR 383.91(a)(1)-(2). The exemption allows
drivers of RVs with GCWRs and GVWRs of 26,001 pounds or more to operate
without a CDL as long as the RV has an actual vehicle weight of less
than 26,001 pounds. A combination of RV trailer and tow vehicle must
have a gross
[[Page 30555]]
combined weight of less than 26,001 pounds and the actual weight of the
towed unit must not exceed 10,000 pounds.
IV. Equivalent Level of Safety Analysis
FMCSA determined in 2015 and again in 2017 that the level of safety
associated with the 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. FMCSA noted in its
April 12, 2017 notice that RVIA asserted that drivers who deliver RVs
have substantially more experience than a typical driver operating an
RV for recreational purposes. RVIA also stated that RV driveaway-
towaway companies have a lower crash rate than the national benchmark
average. RVIA contended that RV manufacturers and driveaway-towaway
companies have economic incentives to train, monitor, and evaluate
their RV drivers because of their exposure to liability for any traffic
accidents. RVIA also asserted that newly manufactured vehicles have a
low risk of mechanical failures and that travel distances between the
manufacturer and dealer are shorter than the typical distance which RVs
travel when in recreational use. (82 FR 17734). When FMCSA affirmed the
renewal in 2018, FMCSA concluded that private owners and drivers have
operated large RVs for years without CDLs without generating any
concern among law enforcement professionals that they pose a risk to
highway safety.
In its March 15, 2022 application for renewal, RVIA asserts that RV
manufacturers and driveaway-towaway companies do not seek an exemption
from other safety regulations such as safe driving (49 CFR part 392),
driver qualifications (49 CFR part 391), and hours of service (49 CFR
part 395). RVIA also states that the exempt RVs would always be empty
and their actual weight would not exceed 26,000 pounds.
FMCSA is unaware of any evidence of a degradation in safety
attributable to the current exemption for employee-drivers 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. There is no indication of an
adverse impact on safety while operating under the terms and conditions
specified in the April 6, 2015, notice of final determination (80 FR
18493).
FMCSA concludes that provisionally extending the exemption granted
on April 6, 2015 for another five years, under the same terms and
conditions, will likely achieve a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.
V. Exemption Decision
A. Grant of Exemption
FMCSA provisionally renews the exemption for a period of five years
subject to the terms and conditions of this decision and the absence of
public comments that would cause the Agency to terminate the exemption
under Sec. V.F. below. The exemption from the requirements of 49 CFR
383.91(a)(1)-(2) is otherwise effective April 6, 2022 through April 6,
2027, 11:59 p.m. local time, unless renewed or rescinded.
B. Applicability of 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.
C. Terms and Conditions
When operating under this exemption, motor carriers and drivers are
subject to the following terms and conditions:
(1) The drivers and motor carriers must comply with all other
applicable Federal Motor Carrier Safety Regulations (49 CFR part 350-
399);
(2) The drivers must be able to provide this exemption document to
enforcement officials; and
(3) The drivers must be in possession of a valid State driver's
license.
D. 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 that conflicts with or is inconsistent
with this exemption with respect to a firm or person operating under
the exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.
E. Notification to FMCSA
Motor carriers using exempt drivers 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.
F. Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. The exemption will
be rescinded if: (1) Motor carriers and drivers operating under the
exemption fail to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objects of 49
U.S.C. 31136(e) and 31315.
VI. Request for Comments
FMCSA requests comments from parties with data concerning the
safety record of drivers employed by 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. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to rescind the
exemption of the company or companies and drivers in question.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-10762 Filed 5-18-22; 8:45 am]
BILLING CODE 4910-EX-P