Notice2024-03192
Hours of Service of Drivers: Application for Exemption; Motion Picture Association
Primary source
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Published
February 15, 2024
Effective
January 19, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its final decision to grant the exemption from the electronic logging device (ELD) requirements requested by the Motion Picture Association (MPA) for all commercial motor vehicle (CMV) drivers providing transportation to or from a theatrical or television motion picture production site. This renewal of the exemption allows drivers to complete paper records of duty status (RODS) instead of using an ELD. FMCSA announced its decision to provisionally renew MPA's exemption on November 3, 2022, pending a review of any comments received in response to that notice. After reviewing the four comments submitted to the docket, which are discussed in this notice, the Agency believes that drivers who qualify for the exemption will likely maintain a level of safety that is equivalent to, or greater than, the level of safety that would be achieved by complying with the ELD requirements.
Full Text
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<title>Federal Register, Volume 89 Issue 32 (Thursday, February 15, 2024)</title>
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[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Notices]
[Pages 11919-11920]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03192]
[[Page 11919]]
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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), Department
of Transportation (DOT).
ACTION: Notice of final disposition; renewal of exemption.
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SUMMARY: FMCSA announces its final decision to grant the exemption from
the electronic logging device (ELD) requirements requested by the
Motion Picture Association (MPA) for all commercial motor vehicle (CMV)
drivers providing transportation to or from a theatrical or television
motion picture production site. This renewal of the exemption allows
drivers to complete paper records of duty status (RODS) instead of
using an ELD. FMCSA announced its decision to provisionally renew MPA's
exemption on November 3, 2022, pending a review of any comments
received in response to that notice. After reviewing the four comments
submitted to the docket, which are discussed in this notice, the Agency
believes that drivers who qualify for the exemption will likely
maintain a level of safety that is equivalent to, or greater than, the
level of safety that would be achieved by complying with the ELD
requirements.
DATES: The exemption is effective January 19, 2023 and expires on
January 19, 2028.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-4225 or <a href="/cdn-cgi/l/email-protection#c6b6a3a7b4aaafa3e8b4a9a4afa8b5a9a886a2a9b2e8a1a9b0"><span class="__cf_email__" data-cfemail="31415450435d58541f435e53585f425e5f71555e451f565e47">[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; Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``(FMCSA-2017-0298'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket number
``FMCSA-2017-0298'' in the keyword box, click ``Search,'' and choose
the document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations 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.
To be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) 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.''
(49 U.S.C. 31315(b)(1)). FMCSA evaluated MPA's application and
provisionally renewed the exemption from 49 CFR 395.8(a)(1)(i) for a
five-year period on November 3, 2022 (87 FR 66362).
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 49 CFR 395.8(a)(1)(i) through (iv), as applicable.
Subject to 49 CFR 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.
Original Exemption
On January 19, 2018, FMCSA published a notice granting MPA an
exemption from the ELD requirements in 49 CFR 395.8(a)(1)(i); the
exemption expired on January 19, 2023 (83 FR 2869). In its 2018
decision, FMCSA explained that the motion picture industry's unique
operational issues and special handling of driver RODS ensures a high
level of accuracy to provide the equivalent level of safety.
Application for Renewal of Exemption
MPA requested a renewal of its exemption for a five-year period.
MPA stated that approximately 8,300 CMV drivers operate CMVs on a full-
or part-time basis for the motion picture industry and few qualify for
the short-haul driver exceptions in 49 CFR 395.1(e)(1) or (e)(2).
Further, MPA stated that 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. The RODs they generate are
often very complex, as are the driver HOS records that employing motor
carriers must keep. Through close cooperation, MPA asserted that the
industry has been able to manage the extensive interchange of paper
RODs that this work pattern requires.
MPA explained that the industry's success in HOS management is
based on a system that is driver-based, rather than vehicle-based. 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 also explained 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.
IV. Provisional Renewal of Exemption
On November 3, 2022, after review of the renewal application, FMCSA
published its decision provisionally to grant a five-year renewal of
the exemption effective January 19, 2023, through January 19, 2028, and
requested comment (87 FR 66362).
V. Public Comments
Four comments were submitted to the docket. DISA Global Solutions
(DISA) supported the exemption and stated, ``Not having this ELD
exemption would adversely impact the film industry and its drivers. As
in previous years, the entertainment industry will continue to exceed
current regulatory requirements to achieve the primary concern for all,
safety on all roads and highways.'' Yellow Dragon Enterprises Ltd Co
opposed the exemption renewal but provided no basis for its position.
Two commenters, Scott Chapman and an individual identified as
``Schneider,'' opposed using ELDs but made no comments supporting or
opposing the exemption renewal.
[[Page 11920]]
VI. Response to Public Comments and Agency Decision
FMCSA has evaluated the public comments and issues this final
decision affirming its provisional decision to renew the exemption. To
date, the Agency has not received any crash reports concerning drivers
or motor carriers operating under MPA's exemption granted in 2018. For
this reason, the Agency believes that drivers and motor carriers
operating under this exemption would continue to achieve an equivalent
level of safety. FMCSA also notes that Congress has recognized the
unique aspects of the motion picture industry's operations and has
provided statutory exceptions from some HOS regulations.\1\
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\1\ See Section 4133 of SAFETEA-LU (119 Stat.1744) (set out as a
note to 49 U.S.C. 31136).
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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(a)(2)(ii). 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 extending the exemption for another
five years, under the terms and conditions listed below, will likely
maintain a level of safety that is equivalent to, or greater than, the
level of safety that would be achieved without the exemption.
VII. Exemption Decision
A. Grant of Exemption
FMCSA renews the exemption for a period of five years subject to
the terms and conditions of this decision. The exemption from the ELD
requirement under 49 CFR 395.8(a), is 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 parts 350 through
399).
2. Drivers operating under this exemption must submit their RODS to
the motor carrier within 24 hours instead of the 13-day period
otherwise allowed by 49 CFR 395.8(a)(2)(ii).
3. 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.
4. Drivers must not be subject to any out-of-service order or
suspension of their driving privileges; and
5. 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:
1. Identity of Exemption: ``MPA 2023,''
2. Name and USDOT number of the operating motor carrier.
3. Date of the crash.
4. City or town, and State, in which the accident occurred, or
closest to the accident scene.
5. Driver's name and license number.
6. Vehicle number and State license number.
7. Number of individuals suffering physical injury.
8. Number of fatalities.
9. The police-reported cause of the crash.
10. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations.
11. 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#e5a8a6b5b6a1a5a1aab1cba2aab3"><span class="__cf_email__" data-cfemail="4c010f1c1f080c080318620b031a">[email protected]</span></a>.
F. Termination
Based on the safety record of drivers operating under the exemption
up to this point, FMCSA has no basis to believe the drivers covered by
this renewed 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.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-03192 Filed 2-14-24; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on February 15, 2024.
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.