Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Notices 30553 

IV. Equivalent Level of Safety 

Oak Harbor states that Mr. 

McLaughlin’s experience and expertise 

in the HM field would supersede HM 

training offered by other theory and 

BTW training instructors and would 

enhance their HM materials and safety 

program. Oak Harbor provided the 

following list of Mr. McLaughlin’s 

credentials: 

• Over 20 years’ experience as a 

certified truck inspector holding 

certifications in CVSA Part A and B, 

Hazardous Materials, Tank and other 

bulk packagings, Motor Coach and 

Multi Surface HM Transportation. 

• 18 years’ experience as a NTC Basic 

HM instructor 

• Previous Region IV Cooperative 

Hazardous Materials Enforcement 

Development (COHMED) Program 

Vice Chairman 

• Current COHMED Industry Liaison 

• Former Training Lieutenant, 

Supervisory Lieutenant and District 

Captain in charge of CVSA and 

Hazardous Materials training and 

recertification programs for the 

Montana Motor Carrier Services 

• Certified civilian CVSA Hazardous 

Materials Instructor 

• Former Sergeant, Lieutenant and 

Captain overseeing CMV inspectors at 

the Montana/Alberta Joint Use 

Vehicle Inspection Station Coutts, AB 

regulating enforcement of FMCSA and 

Transport Canada regulations 

pertaining to vehicle safety and 

hazardous material/dangerous goods 

regulations 

V. Public Comments 

On September 8, 2021, FMCSA 

published notice of this application and 

requested public comment (86 FR 

50426). The Agency received four 

comments. Two respondents, Railsback 

HazMat Safety Professionals, LLC 

(Railsback) and the Washington 

Trucking Associations (WTA) submitted 

comments favoring the exemption 

application. The other two respondents, 

J. Walker and an anonymous 

commenter, opposed or questioned the 

exemption application, respectively. 

J. Walker stated the following: ‘‘Oak 

Harbor Freight Lines should not be 

granted this exemption as the reason for 

so many accidents on the roads today is 

Large Carriers get exemptions on 

training drivers and the majority of new 

drivers on the road have no clue what 

they are doing. Two weeks of classroom 

training and they are turned lose on the 

highways with no clue about regulations 

or even how to drive a truck.’’ 

An anonymous commenter said that it 

would be unwise for the FMCSA 

leadership to grant the exemption 

‘‘without conducting a comprehensive 

evaluation of the credentials and 

competencies possessed by Oak 

Harbor’s safety supervisor Jeff 

McLaughlin.’’ The commenter further 

stated: ‘‘Having worked in a factory that 

was both a producer and a consumer of 

hazardous waste, I question how an 

individual acting as a safety supervisor 

could possess the competencies needed 

to train transportation workers how to 

safely engage in the commercial 

transportation of hazardous materials. 

Reflecting on my past experience, the 

rules and regulations pertaining to 

issues of this nature were constantly 

changing.’’ 

Railsback submitted the following 

comment in favor of the exemption: 

‘‘Without a doubt, I believe that former 

FMCSA, NTC Associate Staff Instructors 

have a better understanding of the ELDT 

Theory requirements, than 50–75% of 

driver/trainers, with CDLs. Not only do 

former Associate Staff Instructors know 

the regulations, but also the application 

of said regulations to real life roadside 

situations. Additionally, former 

Associate Staff Instructors experience 

goes beyond that of a driver/trainer, 

who has only worked/trained in one or 

two particular areas of the motor carrier 

industry.’’ 

WTA stated that it ‘‘believes Mr. 

McLaughlin’s credentials and 

significant hazardous materials 

experience should exceed FMCSA’s 

threshold to maintain the current level 

of safety. Additionally, due to the 

current driver shortage and the 

nationwide labor shortage, denial of the 

exemption application would likely 

prevent Oak Harbor from implementing 

a more efficient and effective hazardous 

materials endorsement training program 

to support the company’s operations. 

For those reasons, WTA strongly 

supports Oak Harbor’s exemption 

application.’’ 

VI. FMCSA Response to Comments and 

Decision 

FMCSA has evaluated Oak Harbor’s 

application for exemption and the 

public comments. The Agency 

conducted a comprehensive review of 

Oak Harbor’s safety performance, which 

included a review of the Motor Carrier 

Management Information System safety 

records, and inspection and accident 

reports submitted to FMCSA by State 

agencies. Oak Harbor has an active 

USDOT registration, minimum levels of 

insurance as required by 49 CFR part 

387 and is not subject to any imminent 

hazard or other out-of-service orders. 

FMCSA independently verified Mr. 

McLaughlin’s professional credentials 

identified in the exemption application, 

as suggested by the anonymous 

respondent. While J. Walker opposed 

the application, they did not specifically 

challenge any of Mr. McLaughlin’s 

credentials or HM training experience, 

focusing instead on the ability of newly 

trained drivers to safely operate a CMV. 

As Oak Harbor stated in its application, 

their entry level drivers will receive the 

required BTW training from instructors 

fully meeting the qualification 

requirements set forth in definition of 

‘‘BTW instructor’’ in 49 CFR 380.605. 

Therefore, based on Mr. McLaughlin’s 

extensive experience as both an HM 

instructor and inspector, and his stellar 

reputation in the HM training 

community, FMCSA has decided to 

grant the exemption. FMCSA believes 

that the exemption will likely achieve a 

level of safety that is equivalent to or 

greater than the level that will be 

achieved absent such exemption, in 

accordance with § 381.305(a). 

Extent of the Exemption 

This exemption is granted to Oak 

Harbor on behalf of their instructor Mr. 

Jeff McLaughlin. The exemption from 

the qualification requirements set forth 

in the definition of ‘‘theory instructor’’ 

in 49 CFR 380.605 will allow Mr. 

McLaughlin to provide ELDT theory 

instruction for the H endorsement 

curriculum in Appendix E of Part 380 

without meeting these requirements. 

The exemption is effective May 19, 2022 

and expires May 19, 2027. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–10763 Filed 5–18–22; 8:45 am] 

BILLING CODE 4910–EX–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), Department 

of Transportation (DOT). 

ACTION: Notice of renewal of exemption; 

request for comments. 

SUMMARY: FMCSA announces its 

decision to provisionally renew a 2017 

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 


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30554 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Notices 

trade shows before retail sale 

(driveaway operations). The Recreation 

Vehicle Industry Association (RVIA) 

requested that the exemption be 

renewed because compliance with the 

CDL requirements prevents its members 

from implementing more efficient 

operations due to a shortage of CDL 

drivers. The exemption renewal is for 5 

years and covers employees of all 

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 RVs have actual 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 at the time of 

transportation. RVs that have a gross 

vehicle weight or gross combined 

weight exceeding 26,000 pounds are not 

covered by the exemption. 

DATES: This renewed exemption is 

effective April 6, 2022 and expires on 

April 6, 2027. Comments must be 

received on or before June 21, 2022. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2014–0352 using any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Docket Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

between 9 a.m. and 5 p.m., ET, Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice (FMCSA–2014–0352). Note 

that DOT posts all comments received 

without change to www.regulations.gov, 

including any personal information 

included in a comment. Please see the 

Privacy Act heading below. 

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. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

Privacy Act: In accordance with 49 

U.S.C. 31315(b)(6), DOT solicits 

comments from the public to better 

inform its exemption 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: Ms. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; Telephone: 202–366–4225. 

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 and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2014–0352), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 

recommendations. You may submit 

your comments and material online or 

by fax, mail, or hand delivery, but 

please use only one of these means. 

FMCSA recommends that you include 

your name and a mailing address, an 

email address, or a phone number in the 

body of your document so the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov and put the docket 

number, ‘‘FMCSA–2014–0352’’ in the 

‘‘Keyword’’ box, and click ‘‘Search.’’ 

When the new screen appears, click on 

the ‘‘Comment Now!’’ button and type 

your comment into the text box in the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA 

will consider all comments and material 

received during the comment period. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b)(2) and 49 CFR 

381.300(b) to renew an exemption from 

the Federal Motor Carrier Safety 

Regulations for a 5-year period if it finds 

‘‘such exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption.’’ RVIA 

has requested a five-year extension of 

the current exemption in Docket No. 

FMCSA–2014–0352. 

III. Background 

Current Regulation(s) Requirements 

The CDL regulations require drivers to 

hold a CDL when operating vehicles in 

Groups A and B (49 CFR 383.91(a)(1) 

and 383.91(a)(2)). Group A vehicles are 

any combination of vehicles with a 

gross combination weight rating 

(GCWR) of 26,001 pounds or more, 

provided the gross vehicle weight rating 

(GVWR) of the towed unit is over 10,000 

pounds. Group B vehicles are any single 

vehicle with a GVWR of 26,001 pounds 

or more, or any such vehicle towing a 

vehicle not over 10,000 pounds. The 

GVWR is the value specified by the 

manufacturer as the loaded weight of 

the vehicle. 

Application for Renewal of Exemption 

FMCSA published notice of RVIA’s 

initial application for exemption from 

49 CFR 383.91(a)(1)–(2) to this docket 

on October 1, 2014 (79 FR 59343). That 

notice described the nature of the RV 

deliveries by commercial motor vehicle 

(CMV) drivers. FMCSA published a 

notice granting RVIA’s exemption 

request on April 6, 2015, which was 

effective through April 6, 2017 (80 FR 

18493). FMCSA found that RVIA would 

achieve a level of safety that was 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with the CDL requirements. 

FMCSA published a notice granting 

RVIA’s request to renew its exemption 

to this docket on April 12, 2017 (82 FR 

17734). The exemption expires on April 

6, 2022. 

RVIA has now requested a second 

renewal of the exemption from the CDL 

requirement in 49 CFR 383.91(a)(1)–(2). 

The exemption allows drivers of RVs 

with GCWRs and GVWRs of 26,001 

pounds or more to operate without a 

CDL as long as the RV has an actual 

vehicle weight of less than 26,001 

pounds. A combination of RV trailer 

and tow vehicle must have a gross 


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Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Notices 30555 

combined weight of less than 26,001 

pounds and the actual weight of the 

towed unit must not exceed 10,000 

pounds. 

IV. Equivalent Level of Safety Analysis 

FMCSA determined in 2015 and again 

in 2017 that the level of safety 

associated with the 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. 

FMCSA noted in its April 12, 2017 

notice that RVIA asserted that drivers 

who deliver RVs have substantially 

more experience than a typical driver 

operating an RV for recreational 

purposes. RVIA also stated that RV 

driveaway-towaway companies have a 

lower crash rate than the national 

benchmark average. RVIA contended 

that RV manufacturers and driveawaytowaway companies have economic 

incentives to train, monitor, and 

evaluate their RV drivers because of 

their exposure to liability for any traffic 

accidents. RVIA also asserted that newly 

manufactured vehicles have a low risk 

of mechanical failures and that travel 

distances between the manufacturer and 

dealer are shorter than the typical 

distance which RVs travel when in 

recreational use. (82 FR 17734). When 

FMCSA affirmed the renewal in 2018, 

FMCSA concluded that private owners 

and drivers have operated large RVs for 

years without CDLs without generating 

any concern among law enforcement 

professionals that they pose a risk to 

highway safety. 

In its March 15, 2022 application for 

renewal, RVIA asserts that RV 

manufacturers and driveaway-towaway 

companies do not seek an exemption 

from other safety regulations such as 

safe driving (49 CFR part 392), driver 

qualifications (49 CFR part 391), and 

hours of service (49 CFR part 395). RVIA 

also states that the exempt RVs would 

always be empty and their actual weight 

would not exceed 26,000 pounds. 

FMCSA is unaware of any evidence of 

a degradation in safety attributable to 

the current exemption for employeedrivers 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. There is no indication of an 

adverse impact on safety while 

operating under the terms and 

conditions specified in the April 6, 

2015, notice of final determination (80 

FR 18493). 

FMCSA concludes that provisionally 

extending the exemption granted on 

April 6, 2015 for another five years, 

under the same terms and conditions, 

will likely achieve a level of safety that 

is equivalent to, or greater than, the 

level of safety achieved without the 

exemption. 

V. Exemption Decision 

A. Grant of Exemption 

FMCSA provisionally renews the 

exemption for a period of five years 

subject to the terms and conditions of 

this decision and the absence of public 

comments that would cause the Agency 

to terminate the exemption under Sec. 

V.F. below. The exemption from the 

requirements of 49 CFR 383.91(a)(1)–(2) 

is otherwise effective April 6, 2022 

through April 6, 2027, 11:59 p.m. local 

time, unless renewed or rescinded. 

B. Applicability of 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. 

C. Terms and Conditions 

When operating under this 

exemption, motor carriers and drivers 

are subject to the following terms and 

conditions: 

(1) The drivers and motor carriers 

must comply with all other applicable 

Federal Motor Carrier Safety 

Regulations (49 CFR part 350–399); 

(2) The drivers must be able to 

provide this exemption document to 

enforcement officials; and 

(3) The drivers must be in possession 

of a valid State driver’s license. 

D. Preemption 

In accordance with 49 U.S.C. 

31315(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation that 

conflicts with or is inconsistent with 

this exemption with respect to a firm or 

person operating under the exemption. 

States may, but are not required to, 

adopt the same exemption with respect 

to operations in intrastate commerce. 

E. Notification to FMCSA 

Motor carriers using exempt drivers 

must notify FMCSA within 5 business 

days of any accident (as defined in 49 

CFR 390.5) involving any of its CMVs 

operating under the terms of this 

exemption. The notification must 

include the following information: 

(a) Name of the exemption: ‘‘RVIA’’; 

(b) Name of the operating motor 

carrier; 

(c) Date of the accident; 

(d) City or town, and State, in which 

the accident occurred, or closest to the 

accident scene; 

(e) Driver’s name and license number; 

(f) Vehicle number and State license 

number; 

(g) Number of individuals suffering 

physical injury; 

(h) Number of fatalities; 

(i) The police-reported cause of the 

accident; 

(j) Whether the driver was cited for 

violation of any traffic laws, motor 

carrier safety regulations; and 

(k) The driver’s total driving time and 

total on-duty time period prior to the 

accident. 

Reports filed under this provision 

shall be emailed to MCPSD@DOT.GOV. 

F. Termination 

FMCSA does not believe the drivers 

covered by this exemption will 

experience any deterioration of their 

safety record. The exemption will be 

rescinded if: (1) Motor carriers and 

drivers operating under the exemption 

fail to comply with the terms and 

conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objects of 49 U.S.C. 

31136(e) and 31315. 

VI. Request for Comments 

FMCSA requests comments from 

parties with data concerning the safety 

record of drivers employed by 

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. The Agency will evaluate any 

adverse evidence submitted and, if 

safety is being compromised or if 

continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315, FMCSA will take immediate 

steps to rescind the exemption of the 

company or companies and drivers in 

question. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–10762 Filed 5–18–22; 8:45 am] 

BILLING CODE 4910–EX–P 


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