Notice2022-23889
Hours of Service of Drivers: Application for Exemption; Motion Picture Association
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 3, 2022
Effective
January 19, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to provisionally renew an exemption from the electronic logging device (ELD) requirements for all commercial motor vehicle (CMV) drivers providing transportation to or from a theatrical or television motion picture production site. The exemption requested by the Motion Picture Association (MPA), formerly known as the Motion Picture Association of America, allows these drivers to complete paper records of duty status (RODS) instead of using an ELD. The exemption renewal is for five years.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 212 (Thursday, November 3, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66362-66364]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23889]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0298]
Hours of Service of Drivers: Application for Exemption; Motion
Picture Association
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to provisionally renew an
exemption from the electronic logging device (ELD) requirements for all
commercial motor vehicle (CMV) drivers providing transportation to or
from a theatrical or television motion picture production site. The
exemption requested by the Motion Picture Association (MPA), formerly
known as the Motion Picture Association of America, allows these
drivers to complete paper records of duty status (RODS) instead of
using an ELD. The exemption renewal is for five years.
DATES: This renewed exemption is effective January 19, 2023, and
expires on January 19, 2028. Comments must be received on or before
December 5, 2022.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2017-0298 using any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
Room W12-
[[Page 66363]]
140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2017-0298). Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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), 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the
system of records notice DOT/ALL-14 FDMS, which can be reviewed at
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>, the comments are searchable by
the name of the submitter.
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:
<a href="/cdn-cgi/l/email-protection#95e5f0f4e7f9fcf0bbe7faf7fcfbe6fafbd5f1fae1bbf2fae3"><span class="__cf_email__" data-cfemail="32425753405e5b571c405d505b5c415d5c72565d461c555d44">[email protected]</span></a>. 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-2017-0298), 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
<a href="http://www.regulations.gov">www.regulations.gov</a> and put the docket number, ``FMCSA-2017-0298'' 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 8\1/2\ 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, self-addressed 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 five-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.''
MPA has requested a five-year extension of the current exemption in
Docket No. FMCSA-2017-0298.
III. Background
Current Regulatory Requirements
FMCSA's hours-of-service (HOS) regulations in 49 CFR 395.8(a)(1)(i)
specify that a motor carrier subject to the requirements of part 395
must require each driver used by the motor carrier to record the
driver's duty status for each 24-hour period using the method
prescribed in Sec. 395.8(a)(1)(i)-(iv), as applicable. Subject to
Sec. 395.8(a)(1)(ii) and (iii), a motor carrier operating CMVs must
install and require each of its drivers to use an ELD to record the
driver's duty status in accordance with 49 CFR part 395, subpart B.
Application for Renewal of Exemption
FMCSA published notice of MPA's initial application for exemption
to this docket on October 27, 2017 (82 FR 49771). That notice described
the nature of MPA's operations. FMCSA published a notice granting MPA's
exemption request on January 19, 2018, which expires on January 19,
2023 (83 FR 2869). FMCSA found that MPA outlined the motion picture
industry's unique operational issues and clearly explained the special
handling of driver RODS that ensures a high level of accuracy to
provide the equivalent level of safety.
MPA requests a renewal of the exemption for a five-year period. MPA
states that approximately 8,300 CMV drivers operate CMVs on a full- or
part-time basis for the motion picture industry. According to HOS data
developed by third party compliance services, these drivers spend two
hours, on average, driving each day, and drive about 40 miles per day.
Their resulting RODs are often very complex, as are the driver HOS
records that employing motor carriers must keep. Through close
cooperation, the industry has been able to manage the extensive
interchange of paper RODs that this work pattern requires. MPA asserts
that the industry's success in HOS management is based on a system that
is driver-based, rather than vehicle-based.
According to MPA, few drivers qualify for the short-haul driver
exceptions in 49 CFR 395.1(e)(1) or 49 CFR 395.1(e)(2). Each time a
driver operates a CMV for a different studio or production company, the
motor carrier and driver must reconcile the driver's HOS record for the
past week. Drivers manage the necessary paper RODS, carry them to each
new CMV, and transfer paper copies to each new motor carrier as needed.
When a roadside inspection occurs, a driver can produce paper RODS for
review by the enforcement official.
MPA states that the motion picture industry maintains a database of
driver HOS data. Drivers are required to submit their RODS within 24
hours of the duty period to which the record pertains. The RODS are
reviewed by third-party auditing companies.
A copy of MPA's application for exemption is available for review
in the docket for this notice.
IV. Equivalent Level of Safety
FMCSA determined in 2018 that exempt drivers and motor carriers
would likely achieve an equivalent level of safety. FMCSA noted that
Congress has recognized the unique aspects of the motion picture
industry's operations and has provided statutory exceptions from some
HOS regulations.\1\ The industry's drivers generally operate short
distances and normally spend much of their time off duty. Therefore,
Congress has allowed these drivers longer workdays and drive time.
---------------------------------------------------------------------------
\1\ See Section 4133 of SAFETEA-LU (119 Stat. 1744) (set out as
a note to 49 U.S.C. 31136).
---------------------------------------------------------------------------
[[Page 66364]]
Because of the nature of their operations, motion picture industry
drivers often use the same paper RODS from one carrier to another. In
these unique circumstances, using an ELD system would not provide
additional accuracy because most duty status information would be
manually entered by the drivers. As MPA states, the paper log provides
continuity for the carrier and enforcement to evaluate compliance,
regardless of the number of carriers for which the driver is operating
in a given 7-day or even 24-hour period. FMCSA acknowledges that, given
the unique arrangements under which drivers in the motion picture
industry routinely operate for multiple carriers over brief periods of
time, paper RODS may prove more efficient than ELDs.
In addition, MPA members are required to submit their RODS within
24 hours, rather than waiting for the 13-day period allowed by 49 CFR
395.8. According to MPA, these ``RODS are reviewed by a third-party
auditing company, resulting in accelerated reporting of HOS compliance
and an independent assessment of accuracy.''
FMCSA concludes that provisionally extending the exemption for
another five years, under the terms and conditions listed below, will
achieve a level of safety that is equivalent to, or greater than, the
level of safety that would be 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 ELD requirement under 49
CFR 395.8(a), is otherwise effective January 19, 2023, through January
19, 2028, 11:59 p.m. local time, unless renewed or rescinded.
B. Applicability of Exemption
The exemption allows all CMV drivers providing transportation to or
from a theatrical or television motion picture production site to
complete paper RODS instead of using an ELD.
C. Terms and Conditions
When operating under this exemption, motor carriers and drivers are
subject to the following terms and conditions:
(1) Motor carriers and drivers must comply with all other
applicable Federal Motor Carrier Safety Regulations (49 CFR part 350-
399);
(2) Drivers must have a copy of this notice in their possession
while operating under the terms of the exemption. The exemption
document must be presented to law enforcement officials upon request;
(3) Drivers must not be subject to any out-of-service order or
suspension of their driving privileges; and
(4) Carriers operating under this exemption may not have an
``Unsatisfactory'' rating with FMCSA or be subject to any imminent
hazard or out-of-service orders.
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 applicable to interstate commerce 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 operating under this exemption must notify FMCSA
within five business days of any crash (as defined in 49 CFR 390.5),
involving any of their CMVs operating under the terms of the exemption.
The notification must include the following information:
(a) Identity of Exemption: ``MPA,''
(b) Name and USDOT number of the operating motor carrier,
(c) Date of the crash,
(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 crash,
(j) Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
(k) The driver's total driving time and total on-duty time since
the last ten (if operating under 49 CFR 395.3(a)) or eight (if
operating under 49 CFR 395.1(p)) consecutive hours off-duty prior to
the crash.
Reports filed under this provision shall be emailed to
<a href="/cdn-cgi/l/email-protection#aee3edfefdeaeeeae1fa80e9e1f8"><span class="__cf_email__" data-cfemail="ade0eefdfee9ede9e2f983eae2fb">[email protected]</span></a>.
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 CMV drivers providing transportation to or from a
theatrical or television motion picture production site. 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. 2022-23889 Filed 11-2-22; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 3, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.