Hours of Service of Drivers: Application for Exemption; Motion Picture Association Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 3 November 2022 Subjects: American Government , Safety

[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66362-66364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23889]


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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), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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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:
     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-

[[Page 66363]]

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-2017-0298). 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), 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 
https://www.transportation.gov/privacy, 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: 
pearlie.robinson@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-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 
www.regulations.gov 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.
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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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    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 
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 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