[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62424-62426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19531]


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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 exemption; renewal of exemption.

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SUMMARY: FMCSA announces its final decision to renew 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 (RVs) 
to dealers or trade shows before retail sale (driveaway operations), 
subject to revised terms and conditions. FMCSA announced its decision 
to provisionally renew RVIA's exemption on May 19, 2022, pending a 
review of any comments received in response to that notice. Four 
comments were submitted to the docket and are discussed later in this 
notice. 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 was effective April 6, 2022, and expires 
on April 6, 2027.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and 
Carrier

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Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards, FMCSA, at (202) 366-4225 or by email at 
[email protected]. If you have questions on viewing or 
submitting material to the docket, contact Dockets Operations, (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2014-0352'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2014-0352'' in the keyword box, click ``Search,'' and choose 
the document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets Operations 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. To be sure someone is there to help you, please call 
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

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 five-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.'' 
(49 U.S.C. 31315(b)(1). FMCSA evaluated RVIA's application and 
provisionally renewed the exemption from 49 CFR 383.91(a)(1)-(2) for a 
five-year period as previously announced in the Federal Register on May 
19, 2022 (87 FR 30553).

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.

III. Application for Renewal of Exemption

    The RVIA requested a second renewal of an 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 provided 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 
combined weight of less than 26,001 pounds and the actual weight of the 
towed unit must not exceed 10,000 pounds.

IV. Public Comments

    On May 19, 2022, FMCSA published its decision to provisionally 
grant a five-year renewal (until 2027) of RVIA's original exemption and 
asked for public comment (87 FR 30553). Four comments were submitted to 
the docket. Two commenters opposed the exemption, one commenter did not 
oppose or support the exemption, and one commenter supported the 
exemption.
    AWM Associates, LLC (AWM) and James Underwood opposed the 
exemption. James Underwood said, ``All drivers using a vehicle for 
commercial purpose should have a commercial license. Hence the name of 
the license.''
    AWM asserted that FMCSA's grant of an exemption from the CDL 
requirements ``tramples a state's rights.'' AWM reported a list of 
states that require RV owners of large RVs to obtain a CDL. AWM 
contends that ``it is not FMCSA's obligation to facilitate economic 
issues,'' but rather to require safe operation of commercial motor 
vehicles (CMVs).
    The American Truck Dealers Division of the National Automobile 
Dealers Association (ATD) supported the exemption, and it urged FMCSA 
to amend its regulations to make the exemption permanent and to expand 
its application to ``all new and empty CMVs with actual unloaded (curb) 
weights or actual combination weights of less than 26,000 lbs.''

V. Response to Public Comments and Agency Decision

    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 above the 26,001-pound threshold for a CDL, but 
their actual weights, i.e., their gross vehicle weights, will remain 
below that level during the driveaway or towaway operation of the 
vehicles. In response to the comments that opposed the exemption, 
private owners and drivers of larger RVs, like the RVs addressed in 
this exemption, have operated without CDLs, often at GVWs well above 
the 26,001-pound threshold, for decades without generating concern 
among law enforcement professionals that they pose a risk to highway 
safety. Furthermore, drivers employed specifically to deliver such 
vehicles to a dealer or customer have more experience behind the wheel 
of the RV than most private RV owners operating the vehicle for 
recreational purposes. 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 would result in an 
unsatisfactory crash rating under FMCSA's safety fitness rating 
methodology.\1\ That result is likely related to the fact that drivers 
covered by this exemption are required to comply with all other 
applicable FMCSA safety regulations, including medical standards and 
hours-of-service limits.
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    \1\ 49 CFR part 385, Appendix B.
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    With regard to ATD's suggestion to amend the regulation to make 
this exemption permanent, such an action is outside the scope of this 
proceeding, but FMCSA notes that parties may petition the Agency for 
rulemaking under 49 CFR part 389.
    The Agency continues to believe that drivers covered by this 
exemption will not experience any deterioration of their safety record. 
FMCSA modifies the terms and conditions specified in the May 19, 2022, 
notice to clarify that the exemption does not apply to the 
transportation of RVs as cargo in another CMV. The exemption applies 
only to the operation of the empty RV itself (driveaway deliveries). 
Unless exempt motor carriers fail to maintain the terms and conditions 
specified in the May 19, 2022, decision, the exemption will remain in 
effect through April 6, 2027.

VI. Exemption Decision

A. Grant of Exemption

    FMCSA renews the exemption for a period of five years subject to 
the terms and conditions of this decision. The exemption from the 
requirements of 49 CFR 383.91(a)(1)-(2) is effective April 6, 2022, 
through April 6, 2027, 11:59 p.m. local time, unless renewed or 
rescinded.

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B. Applicability of Exemption

    The exemption is restricted to employees of driveaway-towaway 
companies, RV manufacturers, and RV dealers transporting empty RVs as a 
driveaway delivery, with the RV's wheels on the surface of the roadway, 
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. The 
exemption does not apply to the transportation of an RV as cargo in 
another CMV.

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 parts 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.

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 
[email protected].

F. Termination

    Based on the safety record of drivers operating under the exemption 
up to this point, FMCSA has no basis to believe the drivers covered by 
this renewed exemption will experience any deterioration of their 
safety record. The exemption will be rescinded, however, 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 objectives of 49 U.S.C. 31136(e) and 31315.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-19531 Filed 9-8-23; 8:45 am]
BILLING CODE 4910-EX-P