83 FR 7291 - Commercial Driver's License Standards: Recreation Vehicle Industry Association Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 34 (February 20, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 34 (February 20, 2018)
| Page Range | 7291-7292 | |
| FR Document | 2018-03367 |
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)] [Notices] [Pages 7291-7292] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03367] [[Page 7291]] ----------------------------------------------------------------------- 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
![Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices 7291
DEPARTMENT OF TRANSPORTATION Email: MCPSD@dot.gov. If you have Munson in collaboration with Mr. Jack
questions on viewing or submitting Alexander wrote, ‘‘We believe a change
Federal Motor Carrier Safety material to the docket, contact Docket to the wording of this regulation could
Administration Services, telephone (202) 366–9826. add significant clarity to the portion
[Docket No. FMCSA–2014–0352] SUPPLEMENTARY INFORMATION: describing required weight ratings.’’
An anonymous commenter stated that
I. Public Participation ‘‘This exemption should be promulgated
Commercial Driver’s License
Standards: Recreation Vehicle Industry Viewing Comments and Documents as an amendment to 49 CFR 383.3.’’
Association Application for Exemption The American Truck Dealers Division
To view comments, as well as of the National Automobile Dealers
AGENCY: Federal Motor Carrier Safety documents mentioned in this preamble Association (ATD) also commented. The
Administration (FMCSA), DOT. as being available in the docket, go to ATD wrote, ‘‘In lieu of renewing the
ACTION: Notice of final disposition; www.regulations.gov and insert the existing exemption, ATD petitions the
renewal of exemption. docket number, ‘‘FMCSA–2014–0352 in FMCSA to issue a direct final rule
the ‘‘Keyword’’ box and click ‘‘Search.’’ amending its CDL applicability
SUMMARY: FMCSA reaffirms its renewal Next, click the ‘‘Open Docket Folder’’ regulation (49 CFR 383.3) to codify a
of the Recreation Vehicle Industry button and choose the document to permanent exception. In addition, ATD
Association’s (RVIA) exemption from review. If you do not have access to the urges the FMCSA to expand the
the Federal commercial driver’s license internet, you may view the docket exemption/exception to cover all new
(CDL) requirements for drivers who online by visiting the Docket and empty CMVs with actual unloaded
deliver certain newly manufactured Management Facility in Room W12–140 (curb) weights or combination weights
motorhomes and recreational vehicles on the ground floor of the DOT West of less than 26,000 lbs. As with RVs, an
(RV) to dealers or trade shows before Building, 1200 New Jersey Avenue SE, expanded exemption/exception would
retail sale (driveaway operations). The Washington, DC 20590, between 9 a.m. be limited to empty new vehicles,
FMCSA announced its decision to and 5 p.m., ET, Monday through Friday, including trucks and tractors
renew RVIA’s exemption on April 12, except Federal holidays. transported from vehicle manufacturer
2017, pending a review of any or importer facilities and holding areas
II. Legal Basis
comments received in response to that to dealerships, and from dealerships to
notice. Three comments were The FMCSA has authority under 49 first purchasers.’’
submitted, none opposing the renewal. U.S.C. 31136(e) and 31315 to renew All comments are available for review
The Agency has determined that RVIA’s exemptions for up to 5 years if it finds in the docket for this notice.
operations may continue in accordance that ‘‘such exemption would likely
Response to Public Comments and
with the terms and conditions of the achieve a level of safety that is
Agency Decision
exemption renewal announced in April. equivalent to, or greater than, the level
The Agency believes that drivers who that would be achieved absent such The FMCSA has evaluated the public
qualify for the exemption will maintain exemption’’ (49 U.S.C. 31315(b)(1)). The comments, and affirms its decision to
a level of safety that is equivalent to, or FMCSA evaluated RVIA’s application renew the exemption. The RVs covered
greater than, the level of safety that on its merits and decided to renew the by the exemption all have gross vehicle
would be obtained by complying with exemption from 49 CFR 383.91(a)(1)–(2) weight ratings (GVWRs) above the
the CDL requirements. for a 5-year period, as previously 26,001-pound threshold for a CDL, but
announced in the Federal Register on their actual weights, i.e., their gross
DATES: This renewed exemption expires
April 12, 2017 (82 FR 17734). vehicle weights (GVWs), will remain
on April 6, 2022. below that level during the driveaway or
ADDRESSES: III. Application for Renewal Exemption towaway operation of these vehicles.
Docket: For access to the docket to The RVIA requested renewal of an The Agency has held since 1993 that the
read background documents or exemption from the CDL requirement CDL regulations do not apply to drivers
comments, go to www.regulations.gov at under 49 CFR 383.91(a)(1)–(2) to allow of RVs, ‘‘if the vehicle is used strictly for
any time or visit Room W12–140 on the drivers engaged in driveaway deliveries non-business purposes’’ [Guidance to Q.
ground level of the West Building, 1200 of RVs with gross vehicle weight ratings 3 under 49 CFR 383.3, 58 FR 60734, at
New Jersey Avenue SE, Washington, of 26,001 pounds or more not be 60735, Nov. 17, 1993; posted on
DC, between 9 a.m. and 5 p.m., ET, required to have a CDL as long as the www.fmcsa.dot.gov]. For decades
Monday through Friday, except Federal empty RVs have gross vehicle weights private owners and drivers of larger
holidays. The on-line FDMS is available or gross combination weights that do RVs, like those addressed in this
24 hours each day, 365 days each year. not meet or exceed 26,001 pounds, and exemption, have operated without
Privacy Act: In accordance with 5 any RV trailers towed by other vehicles CDLs, often at GVWs well above the
U.S.C. 553(c), DOT solicits comments weigh 10,000 pounds or less. The initial 26,001-pound threshold, without
from the public to better inform its exemption was granted on April 6, 2015 generating any concern among law
rulemaking process. DOT posts these (80 FR 18493) and expired on April 6, enforcement professionals that they
comments, without edit, including any 2017. pose a risk to highway safety.
personal information the commenter Furthermore, most private RV owners
provides, to www.regulations.gov, as V. Public Comments almost certainly have less experience
described in the system of records On April 12, 2017, FMCSA published behind the wheel of the RV than drivers
sradovich on DSK3GMQ082PROD with NOTICES
notice (DOT/ALL–14 FDMS), which can its decision to grant a 5-year renewal employed specifically to deliver such
be reviewed at www.dot.gov/privacy. (until 2022) of RVIA’s original vehicles to a dealer or customer. While
FOR FURTHER INFORMATION CONTACT: Mr. exemption, and asked for public RVIA demonstrated that the
Thomas Yager, Chief, FMCSA Driver comment (82 FR 17734). Three manufacturers and dealers who now
and Carrier Operations Division; Office comments supported the exemption employ CDL-holders in driveaway/
of Carrier, Driver and Vehicle Safety renewal; none opposed it. There were towaway operations have a recordable
Standards; Telephone: 614–942–6477. no opposing comments. Mr. Scott accident rate far below the level that
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![7292 Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices
would require an unsatisfactory safety and Regulatory Affairs, Office of days after the 30-day notice is
rating, the Agency’s experience with Management and Budget, 725 17th published. 44 U.S.C. 3507(b)–(c); 5 CFR
private RV owners suggests that the Street NW, Washington, DC 20503, 1320.12(d); see also 60 FR 44978, 44983,
absence of a CDL would have no Attention: FRA Desk Officer. Comments Aug. 29, 1995. OMB believes the 30-day
discernible effect on safety. That is may also be sent via email to OMB at notice informs the regulated community
especially likely because the drivers the following address: oira_ to file relevant comments and affords
covered by this exemption are required submissions@omb.eop.gov. the agency adequate time to digest
to comply with all other applicable FOR FURTHER INFORMATION CONTACT: Mr. public comments before it renders a
safety regulations, including medical Robert Brogan, Information Collection decision. 60 FR 44983, Aug. 29, 1995.
standards and hours-of-service limits. Clearance Officer, Office of Railroad Therefore, respondents should submit
The FMCSA continues to believe that it Safety, Safety Regulatory Analysis their respective comments to OMB
is impracticable for these drivers to Division, RRS–21, Federal Railroad within 30 days of publication to best
obtain a CDL with a representative Administration, 1200 New Jersey ensure having their full effect.
vehicle when the actual vehicle they Avenue SE, Mail Stop 25, Washington, Comments are specifically invited on
will operate is an RV. DC 20590 (telephone: (202) 493–6292); the following ICR regarding: (1) Whether
With regard to ATD’s or Ms. Kim Toone, Information the information collection activities are
recommendation to issue a direct final Collection Clearance Officer, Office of necessary for FRA to properly execute
rule to make this exception permanent, Administration, Office of Information its functions, including whether the
FMCSA does not believe such an action Technology, RAD–20, Federal Railroad information will have practical utility;
is appropriate at this time. Administration, 1200 New Jersey (2) the accuracy of FRA’s estimates of
The Agency does not believe that Avenue SE, Mail Stop 35, Washington, the burden of the information collection
drivers covered by this exemption will DC 20590 (telephone: (202) 493–6132). activities, including the validity of the
experience any deterioration of their methodology and assumptions used to
SUPPLEMENTARY INFORMATION: The PRA,
safety record. determine the estimates; (3) ways for
44 U.S.C. 3501–3520, and its FRA to enhance the quality, utility, and
Unless exempt motor carriers fail to implementing regulations, 5 CFR part
maintain the terms and conditions clarity of the information being
1320, require Federal agencies to issue collected; and (4) ways to minimize the
specified in the April 12, 2017, two notices seeking public comment on
decision, the exemption will remain in burden of information collection
information collection activities before activities on the public, including the
effect through April 6, 2022. OMB may approve paperwork packages. use of automated collection techniques
Issued on: February 6, 2018. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8– or other forms of information
Cathy F. Gautreaux, 12. On December 11, 2017, FRA technology.
Deputy Administrator. published a 60-day notice in the Federal The summary below describes the ICR
[FR Doc. 2018–03367 Filed 2–16–18; 8:45 am] Register soliciting comment on the ICR that FRA will submit for OMB
BILLING CODE 4910–EX–P for which it is now seeking OMB clearance:
approval. See 82 FR 58265. FRA Title: Accident/Incident Reporting
received one comment in response to and Recordkeeping.
DEPARTMENT OF TRANSPORTATION this notice. OMB Control Number: 2130–0500.
On January 24, 2018, Dennis J. Fixler, Abstract: The collection of
Federal Railroad Administration the Chief Economist of the Bureau of information is due to the railroad
[Docket No. FRA–2018–0008–N–2]
Economic Analysis (BEA), sent an accident reporting regulations in 49 CFR
electronic letter expressing BEA’s strong part 225 that require railroads to submit
Proposed Agency Information support of the continued collection of monthly reports summarizing collisions,
Collection Activities; Comment data by FRA on the Accident/Incident derailments, and certain other
Request Reporting and Recordkeeping forms. He accidents/incidents involving damages
noted that the data collected on these above a periodically revised dollar
AGENCY: Federal Railroad forms are crucial to key components of threshold, as well as certain injuries to
Administration (FRA), Department of BEA’s economic statistics. In his letter, passengers, employees, and other
Transportation (DOT). Dr. Fixler stated that BEA uses data persons on railroad property. Because
ACTION: Notice of information collection; collected on these forms to prepare the reporting requirements and the
request for comment. estimates of the employee compensation information needed regarding each
component of national income and state category of accident/incident are
SUMMARY: Under the Paperwork personal income. Specifically, Dr. Fixler unique, a different form is used for each
Reduction Act of 1995 (PRA), this notice stated that data on the number of category.
announces that FRA is forwarding the employee injuries and deaths from FRA hereby informs the regulated
Information Collection Request (ICR) forms FRA F6180.55 and FRA F community of railroads and the general
abstracted below to the Office of 6180.55a, Railroad Injury and Illness public that it is revising the instructions
Management and Budget (OMB) for Summary, are used to prepare estimates for Form FRA F 6180.57, Highway-Rail
review and comment. The ICR describes of workers’ compensation for the Grade Crossing Accident/Incident
the information collection and its railroad industry, and that these same Report, to capture information
expected burden. On December 11, data are used to prepare estimates of concerning post-accident toxicological
2017, FRA published a notice providing testing for certain human factor
sradovich on DSK3GMQ082PROD with NOTICES
workers’ compensation for the railroad
a 60-day period for public comment on industry by State. highway-rail grade crossing accidents
the ICR. Before OMB decides whether to and incidents in the narrative block of
DATES: Interested persons are invited to approve these proposed collections of this form. The newly revised 49 Code of
submit comments on or before March information, it must provide 30 days for Federal Regulations (CFR) 219.201(a),
22, 2018. public comment. Federal law requires effective on June 12, 2017, requires post-
ADDRESSES: Submit written comments OMB to approve or disapprove accident toxicological testing of railroad
on the ICR to the Office of Information paperwork packages between 30 and 60 employees under various, enumerated
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Document Created: 2018-02-17 02:29:35
Document Modified: 2018-02-17 02:29:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition; renewal of exemption. | |
| Dates | This renewed exemption expires on April 6, 2022. | |
| 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. | |
| FR Citation | 83 FR 7291 |
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