[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7291-7292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03367]
[[Page 7291]]
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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 final disposition; renewal of exemption.
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SUMMARY: FMCSA reaffirms its renewal of the Recreation Vehicle Industry
Association's (RVIA) exemption from the Federal commercial driver's
license (CDL) requirements for drivers who deliver certain newly
manufactured motorhomes and recreational vehicles (RV) to dealers or
trade shows before retail sale (driveaway operations). The FMCSA
announced its decision to renew RVIA's exemption on April 12, 2017,
pending a review of any comments received in response to that notice.
Three comments were submitted, none opposing the renewal. The Agency
has determined that RVIA's operations may continue in accordance with
the terms and conditions of the exemption renewal announced in April.
The Agency believes that drivers who qualify for the exemption will
maintain a level of safety that is equivalent to, or greater than, the
level of safety that would be obtained by complying with the CDL
requirements.
DATES: This renewed exemption expires on April 6, 2022.
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 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: [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-2014-0352 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., ET,
Monday through Friday, except Federal holidays.
II. Legal Basis
The FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to renew
exemptions for up to 5 years if it finds that ``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'' (49
U.S.C. 31315(b)(1)). The FMCSA evaluated RVIA's application on its
merits and decided to renew the exemption from 49 CFR 383.91(a)(1)-(2)
for a 5-year period, as previously announced in the Federal Register on
April 12, 2017 (82 FR 17734).
III. Application for Renewal Exemption
The RVIA requested renewal of an exemption from the CDL requirement
under 49 CFR 383.91(a)(1)-(2) to allow drivers engaged in driveaway
deliveries of RVs with gross vehicle weight ratings of 26,001 pounds or
more 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. The initial exemption was granted on April 6, 2015 (80
FR 18493) and expired on April 6, 2017.
V. Public Comments
On April 12, 2017, FMCSA published its decision to grant a 5-year
renewal (until 2022) of RVIA's original exemption, and asked for public
comment (82 FR 17734). Three comments supported the exemption renewal;
none opposed it. There were no opposing comments. Mr. Scott Munson in
collaboration with Mr. Jack Alexander wrote, ``We believe a change to
the wording of this regulation could add significant clarity to the
portion describing required weight ratings.''
An anonymous commenter stated that ``This exemption should be
promulgated as an amendment to 49 CFR 383.3.''
The American Truck Dealers Division of the National Automobile
Dealers Association (ATD) also commented. The ATD wrote, ``In lieu of
renewing the existing exemption, ATD petitions the FMCSA to issue a
direct final rule amending its CDL applicability regulation (49 CFR
383.3) to codify a permanent exception. In addition, ATD urges the
FMCSA to expand the exemption/exception to cover all new and empty CMVs
with actual unloaded (curb) weights or combination weights of less than
26,000 lbs. As with RVs, an expanded exemption/exception would be
limited to empty new vehicles, including trucks and tractors
transported from vehicle manufacturer or importer facilities and
holding areas to dealerships, and from dealerships to first
purchasers.''
All comments are available for review in the docket for this
notice.
Response to Public Comments and Agency Decision
The FMCSA has evaluated the public comments, and affirms its
decision to renew the exemption. The RVs covered by the exemption all
have gross vehicle weight ratings (GVWRs) above the 26,001-pound
threshold for a CDL, but their actual weights, i.e., their gross
vehicle weights (GVWs), will remain below that level during the
driveaway or towaway operation of these vehicles. The Agency has held
since 1993 that the CDL regulations do not apply to drivers of RVs,
``if the vehicle is used strictly for non-business purposes'' [Guidance
to Q. 3 under 49 CFR 383.3, 58 FR 60734, at 60735, Nov. 17, 1993;
posted on www.fmcsa.dot.gov]. For decades private owners and drivers of
larger RVs, like those addressed in this exemption, have operated
without CDLs, often at GVWs well above the 26,001-pound threshold,
without generating any concern among law enforcement professionals that
they pose a risk to highway safety. Furthermore, most private RV owners
almost certainly have less experience behind the wheel of the RV than
drivers employed specifically to deliver such vehicles to a dealer or
customer. While RVIA demonstrated that the manufacturers and dealers
who now employ CDL-holders in driveaway/towaway operations have a
recordable accident rate far below the level that
[[Page 7292]]
would require an unsatisfactory safety rating, the Agency's experience
with private RV owners suggests that the absence of a CDL would have no
discernible effect on safety. That is especially likely because the
drivers covered by this exemption are required to comply with all other
applicable safety regulations, including medical standards and hours-
of-service limits. The FMCSA continues to believe that it is
impracticable for these drivers to obtain a CDL with a representative
vehicle when the actual vehicle they will operate is an RV.
With regard to ATD's recommendation to issue a direct final rule to
make this exception permanent, FMCSA does not believe such an action is
appropriate at this time.
The Agency does not believe that drivers covered by this exemption
will experience any deterioration of their safety record.
Unless exempt motor carriers fail to maintain the terms and
conditions specified in the April 12, 2017, decision, the exemption
will remain in effect through April 6, 2022.
Issued on: February 6, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-03367 Filed 2-16-18; 8:45 am]
BILLING CODE 4910-EX-P