Commercial Driver's License Standards: Recreation Vehicle Industry Association Application for Exemption, 18493-18495 [2015-07811]
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Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices
addressed and all significant issues
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proposed action and this notice should
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Issued on: March 31, 2015.
Johnny M. Gerbitz,
Field Operations Engineer, Federal Highway
Administration, Madison, Wisconsin.
[FR Doc. 2015–07857 Filed 4–3–15; 8:45 am]
BILLING CODE 4910–22–P
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant an 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 the exemption because
compliance with the CDL requirements
prevents its members from
implementing more efficient operations
due to a shortage of CDL drivers. The
exemption covers employees of all U.S.
tkelley on DSK4VPTVN1PROD with NOTICES
SUMMARY:
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18:14 Apr 03, 2015
Jkt 235001
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 exemption is effective April
6, 2015 and expires on April 6, 2017.
FOR FURTHER INFORMATION CONTACT: Mrs.
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards;
Telephone: 202–366–4325, Email:
MCPSD@dot.gov, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, 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 online Federal document management
system is available 24 hours each day,
365 days each year. The docket number
is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
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
current regulation (49 CFR 381.305).
The decision of the Agency must be
PO 00000
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Fmt 4703
Sfmt 4703
18493
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 2 years), and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
Application for Exemption
The RVIA is the national trade
association representing RV
manufacturers and their component
parts suppliers who together build more
than 98 percent of all RVs produced in
the United States. An RV is a vehicle
designed as temporary living quarters
for recreational, camping, travel and
seasonal use. RVs may be motorized
(motorhomes) or towable (travel trailers,
fifth wheel trailers, folding camping
trailers and truck campers).
The RVIA requested an exemption
from the CDL requirements under 49
CFR 383.91(a)(1)–383.91(a)(2) 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
contended that compliance with the
CDL rule prevents its members from
implementing more efficient operations
due to a shortage of CDL drivers. RVIA
asserted 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 application, RVIA contended
that a shortage of drivers with CDLs is
having a significant impact on the RV
industry, which is 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
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06APN1
18494
Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices
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 stated that the exemption would
apply to all individuals who are
employees of driveaway-towaway
companies, RV manufacturers, and RV
dealers. RVIA contended that, due to the
class nature and the number of parties
that will 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. RVIA asserted
that exempting drivers delivering a
subset of newly manufactured RVs from
the Class A and B CDL requirements
would likely result in the level of safety
equivalent to, or greater than, the level
achieved without the exemption. RVIA
noted that a CDL is not required to
operate these RVs when they are in
personal use.
tkelley on DSK4VPTVN1PROD with NOTICES
Method To Ensure an Equivalent or
Greater Level of Safety
RVIA contended 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.
• A thorough analysis using the
FMCSA Safety Measurement System
revealed that the RV driveawaytowaway companies’ record of 0.234
recordable accidents per million miles
traveled in 2012 is far less than the
national average of 0.747 recordable
accidents per million miles traveled that
was used as a benchmark by the FMCSA
in fiscal years 1994–1996 when
developing criteria for ’’Factor 6,
Accident’’ of the ‘‘safety rating process.’’
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Jkt 235001
• FMCSA established an
‘‘unsatisfactory rating’’ threshold for all
carriers operating outside of a 100 airmile radius with a recordable accident
rate greater than 1.5 accidents per
million miles traveled. Accordingly
RVIA claims that the, RV driveawaytowaway accident frequency is
approximately 640% less than the
FMCSA unsatisfactory rating threshold
for 2012, the most recent year for which
data is available. [In fact, RVIA’s data
shows that the accident frequency of
RVs in 2012 (.234 per million miles)
was only 15.6% of FMCSA’s threshold
for an unsatisfactory rating (1.5
accidents per million miles) (.23 ÷
1.5¥15.6%)]
• 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 substantially greater
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 asserted that without the
exemption, drivers making one-time
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
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.
Public Comments
On October 1, 2014, FMCSA
published notice of this application, and
asked for public comment (79 FR
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
59343). Twelve comments were
received to the public docket.
One respondent, the Advocates for
Highway and Auto Safety (Advocates),
recommended that the exemption not be
granted. The Advocates concluded that
‘‘the RVIA application does not meet the
statutory and regulatory requirements
for the exemption. Advocates argue that
the application fails to consider
practical alternatives, justify the need
for the exemption, provide information
on the specific countermeasures to be
undertaken to ensure that the exemption
will achieve an equivalent or greater
level of safety than would be achieved
absent the exemption.’’
Ten respondents supported the
exemption: Campers Inn; Class
Transport, Inc.; Florida RV Trade
Association; Horizon Transport, Inc.;
Pennsylvania Recreation Vehicle and
Camping Association; Quality DriveAway Inc.; Foremost Transport, Inc.;
Recreation Vehicle Indiana Council;
National RV Dealers Association; and
Star Fleet Trucking, Inc.
The American Truck Dealers Division
of the National Automobile Dealers
Association (NADD) also supported the
exemption and urged FMCSA to expand
the requested exemption so that it
applies to all new motor vehicles with
an actual vehicle weight (or
combination weight) below 26,000 lbs.
All comments are available for review
in the docket for this notice.
Response to Public Comments and
Agency Decision
The FMCSA has evaluated RVIA’s
application for exemption and the
public comments, and has decided to
grant 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
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Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices
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
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 regulation, including medical
standards and hours-of-service limits.
FMCSA believes 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 NADD’s comment to expand
the exemption, FMCSA is unable to
consider expanding the exemption
because the issue was not in the original
request for public comment. The
Agency believes that the exemption
sought by RVIA will likely achieve a
level of safety that is equivalent to or
greater than, the level of safety achieved
without the exemption [49 CFR
381.305(a)].
conflicts with or is inconsistent with
this exemption with respect to a firm or
person operating under the exemption.
Terms and Conditions of the Exemption
Termination
FMCSA does not believe the drivers
covered by this exemption will
experience any deterioration of their
safety record. However, should this
occur, FMCSA will take all steps
necessary to protect the public interest,
including revocation or restriction of the
exemption. The FMCSA will
immediately revoke or restrict the
exemption for failure to comply with its
terms and conditions.
Period of the Exemption
This exemption from the
requirements of 49 CFR 383.91(a)(1)—
383.91(a)(2) is effective during the
period of April 6, 2015 through April 6,
2017. The exemption will expire on
April 6, 2017, 11:59 p.m. local time,
unless renewed.
tkelley on DSK4VPTVN1PROD with NOTICES
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
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Jkt 235001
Notification to FMCSA
The RVIA must notify FMCSA within
5 business days of any accident (as
defined in 49 CFR 390.5), involving any
of the motor carriers’ CMVs operating
under the terms of this exemption. The
notification must include the following
information:
a. Date of the accident,
b. City or town, and State, in which
the accident occurred, or closest to the
accident scene,
c. Driver’s name and driver’s license
number and State of issuance,
d. Vehicle number and State license
plate number,
e. Number of individuals suffering
physical injury,
f. Number of fatalities,
g. The police-reported cause of the
accident,
h. Whether the driver was cited for
violation of any traffic laws or motor
carrier safety regulations, and
i. 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.
Issued on: March 31, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015–07811 Filed 4–3–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0041]
Agency Information Collection
Activities; New Emergency Information
Collection Request: Report by State
Driver Licensing Agencies (SDLAs) on
the Annual Number of Entry-Level
Commercial Driver’s License (CDL)
Applicants and Related Data
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
PO 00000
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18495
Notice and request for
comments.
ACTION:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces that the Information
Collection Request (ICR) described
below will be submitted to the Office of
Management and Budget (OMB) for
emergency approval under 5 U.S.C.
1320.13. FMCSA requests approval of
this ICR by 30 days from the publication
of this notice. The purpose of this
information collection is to inform the
public of the Agency’s development of
a mandatory driver-training program
primarily for individuals applying for
their first commercial driver’s license
(CDL). FMCSA is not aware of any other
source for this data. The Agency has
attempted to obtain this information for
many years. In its search, the Agency
has explored several other avenues for
finding this information. For example,
the Agency considered asking various
trade groups representing private and
public truck driving schools for their
cooperation, but soon realized that these
entities generally did not have the
desired information either. This ICR
would allow State Driver Licensing
Agencies (SDLAs) to furnish this critical
data and thereby inform the design of
the CDL driver training program to be
proposed by the Agency for public
comment. The Department of
Transportation (DOT) and FMCSA will
also use this data to inform future
commercial-driving safety initiatives.
DATES: Please send your comments by
May 6, 2015. OMB must receive your
comments by this date in order to act
quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2015–0041. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
7245, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Robert F. Schultz, Driver and Carrier
Operations Division, Federal Motor
Carrier Safety Administration, U.S.
Department of Transportation, West
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Pages 18493-18495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07811]
-----------------------------------------------------------------------
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; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant an 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 the exemption because compliance with the CDL requirements
prevents its members from implementing more efficient operations due to
a shortage of CDL drivers. The exemption 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 exemption is effective April 6, 2015 and expires on April
6, 2017.
FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325, Email: MCPSD@dot.gov,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, 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 document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
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 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 2 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
Application for Exemption
The RVIA is the national trade association representing RV
manufacturers and their component parts suppliers who together build
more than 98 percent of all RVs produced in the United States. An RV is
a vehicle designed as temporary living quarters for recreational,
camping, travel and seasonal use. RVs may be motorized (motorhomes) or
towable (travel trailers, fifth wheel trailers, folding camping
trailers and truck campers).
The RVIA requested an exemption from the CDL requirements under 49
CFR 383.91(a)(1)-383.91(a)(2) 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 contended
that compliance with the CDL rule prevents its members from
implementing more efficient operations due to a shortage of CDL
drivers. RVIA asserted 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 application, RVIA contended that a shortage of drivers with
CDLs is having a significant impact on the RV industry, which is 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
[[Page 18494]]
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 stated that the exemption would apply to all individuals who
are employees of driveaway-towaway companies, RV manufacturers, and RV
dealers. RVIA contended that, due to the class nature and the number of
parties that will 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. RVIA asserted that
exempting drivers delivering a subset of newly manufactured RVs from
the Class A and B CDL requirements would likely result in the level of
safety equivalent to, or greater than, the level achieved without the
exemption. RVIA noted that a CDL is not required to operate these RVs
when they are in personal use.
Method To Ensure an Equivalent or Greater Level of Safety
RVIA contended 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.
A thorough analysis using the FMCSA Safety Measurement
System revealed that the RV driveaway-towaway companies' record of
0.234 recordable accidents per million miles traveled in 2012 is far
less than the national average of 0.747 recordable accidents per
million miles traveled that was used as a benchmark by the FMCSA in
fiscal years 1994-1996 when developing criteria for ''Factor 6,
Accident'' of the ``safety rating process.''
FMCSA established an ``unsatisfactory rating'' threshold
for all carriers operating outside of a 100 air-mile radius with a
recordable accident rate greater than 1.5 accidents per million miles
traveled. Accordingly RVIA claims that the, RV driveaway-towaway
accident frequency is approximately 640% less than the FMCSA
unsatisfactory rating threshold for 2012, the most recent year for
which data is available. [In fact, RVIA's data shows that the accident
frequency of RVs in 2012 (.234 per million miles) was only 15.6% of
FMCSA's threshold for an unsatisfactory rating (1.5 accidents per
million miles) (.23 / 1.5-15.6%)]
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 substantially greater 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 asserted that without the exemption, drivers making one-time
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
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.
Public Comments
On October 1, 2014, FMCSA published notice of this application, and
asked for public comment (79 FR 59343). Twelve comments were received
to the public docket.
One respondent, the Advocates for Highway and Auto Safety
(Advocates), recommended that the exemption not be granted. The
Advocates concluded that ``the RVIA application does not meet the
statutory and regulatory requirements for the exemption. Advocates
argue that the application fails to consider practical alternatives,
justify the need for the exemption, provide information on the specific
countermeasures to be undertaken to ensure that the exemption will
achieve an equivalent or greater level of safety than would be achieved
absent the exemption.''
Ten respondents supported the exemption: Campers Inn; Class
Transport, Inc.; Florida RV Trade Association; Horizon Transport, Inc.;
Pennsylvania Recreation Vehicle and Camping Association; Quality Drive-
Away Inc.; Foremost Transport, Inc.; Recreation Vehicle Indiana
Council; National RV Dealers Association; and Star Fleet Trucking, Inc.
The American Truck Dealers Division of the National Automobile
Dealers Association (NADD) also supported the exemption and urged FMCSA
to expand the requested exemption so that it applies to all new motor
vehicles with an actual vehicle weight (or combination weight) below
26,000 lbs.
All comments are available for review in the docket for this
notice.
Response to Public Comments and Agency Decision
The FMCSA has evaluated RVIA's application for exemption and the
public comments, and has decided to grant 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
[[Page 18495]]
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 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 regulation,
including medical standards and hours-of-service limits. FMCSA believes
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 NADD's comment to expand the exemption, FMCSA is
unable to consider expanding the exemption because the issue was not in
the original request for public comment. The Agency believes that the
exemption sought by RVIA will likely achieve a level of safety that is
equivalent to or greater than, the level of safety achieved without the
exemption [49 CFR 381.305(a)].
Terms and Conditions of the Exemption
Period of the Exemption
This exemption from the requirements of 49 CFR 383.91(a)(1)--
383.91(a)(2) is effective during the period of April 6, 2015 through
April 6, 2017. The exemption will expire on April 6, 2017, 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
The RVIA must notify FMCSA within 5 business days of any accident
(as defined in 49 CFR 390.5), involving any of the motor carriers' CMVs
operating under the terms of this exemption. The notification must
include the following information:
a. Date of the accident,
b. City or town, and State, in which the accident occurred, or
closest to the accident scene,
c. Driver's name and driver's license number and State of issuance,
d. Vehicle number and State license plate number,
e. Number of individuals suffering physical injury,
f. Number of fatalities,
g. The police-reported cause of the accident,
h. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
i. 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. However, should
this occur, FMCSA will take all steps necessary to protect the public
interest, including revocation or restriction of the exemption. The
FMCSA will immediately revoke or restrict the exemption for failure to
comply with its terms and conditions.
Issued on: March 31, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-07811 Filed 4-3-15; 8:45 am]
BILLING CODE 4910-EX-P