Commercial Driver's License Standards: Recreation Vehicle Industry Association Application for Exemption, 7291-7292 [2018-03367]

Download as PDF Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices 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; renewal of exemption. AGENCY: 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. sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:55 Feb 16, 2018 Jkt 244001 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 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 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 7291 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 E:\FR\FM\20FEN1.SGM 20FEN1 7292 Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices 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 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2018–0008–N–2] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of information collection; request for comment. AGENCY: Under the Paperwork Reduction Act of 1995 (PRA), this notice announces that FRA is forwarding the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On December 11, 2017, FRA published a notice providing a 60-day period for public comment on the ICR. DATES: Interested persons are invited to submit comments on or before March 22, 2018. ADDRESSES: Submit written comments on the ICR to the Office of Information sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:55 Feb 16, 2018 Jkt 244001 and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503, Attention: FRA Desk Officer. Comments may also be sent via email to OMB at the following address: oira_ submissions@omb.eop.gov. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information Collection Clearance Officer, Office of Railroad Safety, Safety Regulatory Analysis Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Avenue SE, Mail Stop 25, Washington, DC 20590 (telephone: (202) 493–6292); or Ms. Kim Toone, Information Collection Clearance Officer, Office of Administration, Office of Information Technology, RAD–20, Federal Railroad Administration, 1200 New Jersey Avenue SE, Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6132). SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501–3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8– 12. On December 11, 2017, FRA published a 60-day notice in the Federal Register soliciting comment on the ICR for which it is now seeking OMB approval. See 82 FR 58265. FRA received one comment in response to this notice. On January 24, 2018, Dennis J. Fixler, the Chief Economist of the Bureau of Economic Analysis (BEA), sent an electronic letter expressing BEA’s strong support of the continued collection of data by FRA on the Accident/Incident Reporting and Recordkeeping forms. He noted that the data collected on these forms are crucial to key components of BEA’s economic statistics. In his letter, Dr. Fixler stated that BEA uses data collected on these forms to prepare estimates of the employee compensation component of national income and state personal income. Specifically, Dr. Fixler stated that data on the number of employee injuries and deaths from forms FRA F6180.55 and FRA F 6180.55a, Railroad Injury and Illness Summary, are used to prepare estimates of workers’ compensation for the railroad industry, and that these same data are used to prepare estimates of workers’ compensation for the railroad industry by State. Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for public comment. Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 days after the 30-day notice is published. 44 U.S.C. 3507(b)–(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB believes the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. Comments are specifically invited on the following ICR regarding: (1) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the information will have practical utility; (2) the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology. The summary below describes the ICR that FRA will submit for OMB clearance: Title: Accident/Incident Reporting and Recordkeeping. OMB Control Number: 2130–0500. Abstract: The collection of information is due to the railroad accident reporting regulations in 49 CFR part 225 that require railroads to submit monthly reports summarizing collisions, derailments, and certain other accidents/incidents involving damages above a periodically revised dollar threshold, as well as certain injuries to passengers, employees, and other persons on railroad property. Because the reporting requirements and the information needed regarding each category of accident/incident are unique, a different form is used for each category. FRA hereby informs the regulated community of railroads and the general public that it is revising the instructions for Form FRA F 6180.57, Highway-Rail Grade Crossing Accident/Incident Report, to capture information concerning post-accident toxicological testing for certain human factor highway-rail grade crossing accidents and incidents in the narrative block of this form. The newly revised 49 Code of Federal Regulations (CFR) 219.201(a), effective on June 12, 2017, requires postaccident toxicological testing of railroad employees under various, enumerated E:\FR\FM\20FEN1.SGM 20FEN1

Agencies

[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.

-----------------------------------------------------------------------

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
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