Hours of Service of Drivers: Application for Exemption; Motion Picture Association, 11919-11920 [2024-03192]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Notices]
[Pages 11919-11920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 [email protected]. 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 www.regulations.gov, 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 www.regulations.gov, 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 
[email protected].

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