Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices 18493 

addressed and all significant issues 

identified, comments and suggestions 

are invited from all interested parties. 

Comments and questions concerning the 

proposed action and this notice should 

be directed to the FHWA address 

provided above. 

Projects receiving Federal funds must 

comply with title VI of the Civil Rights 

Act, and E. O. 12898 ‘‘Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations.’’ Federal law prohibits 

discrimination on the basis of race, 

color, age, sex, or country of national 

origin in the implementation of this 

project. It is also Federal policy to 

identify and address any 

disproportionately high and adverse 

effects of federal projects on the health 

or environment of minority and lowincome populations to the greatest 

extent practicable and permitted by law. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing E.O. 12372 regarding 

intergovernmental consultation on Federal 

programs and activities apply to this 

program.) 

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 

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 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 

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 


tkelley on DSK4VPTVN1PROD with NOTICES
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. 

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.’’ 

• 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 

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 


tkelley on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices 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 

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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: 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 


tkelley on DSK4VPTVN1PROD with NOTICES