82 FR 49771 - Hours of Service of Drivers: Application for Exemption; Motion Picture Association of America
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 207 (October 27, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 207 (October 27, 2017)
| Page Range | 49771-49773 | |
| FR Document | 2017-23404 |
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)] [Proposed Rules] [Pages 49771-49773] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23404] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 [Docket No. FMCSA-2017-0298] Hours of Service of Drivers: Application for Exemption; Motion Picture Association of America AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. [[Page 49772]] ACTION: Application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that the Motion Picture Association of America (MPAA) has requested 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. MPAA request this exemption to allow these drivers to complete paper records of duty status (RODS) instead of using an ELD device. MPAA believes that the exemption would not have any adverse impacts on operational safety because drivers would remain subject to the hours-of-service (HOS) regulations as well as the requirements to maintain paper RODS. FMCSA requests public comment on MPAA's application for exemption. DATES: Comments must be received on or before November 27, 2017. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2017-0298 by 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 Management Facility, 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., Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Each submission must include the Agency name and the docket number for this notice. 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. The on-line FDMS is available 24 hours each day, 365 days each year. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking 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: For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [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 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 comments 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 ``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 and may grant or not grant this application based on your comments. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Request for Exemption MPAA is requesting an exemption from the ELD requirements in 49 CFR part 395 published in the Federal Register on December 16, 2015 (80 FR 78292). If granted, the exemption would allow all drivers of CMVs providing transportation of property to and from a theatrical or television motion picture production site to complete paper RODS instead of using an ELD device on or after the December 18, 2017 compliance date. The term of the requested exemption is for five years, subject to renewal. MPAA reports that approximately 6,500 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 on average less than four hours each day driving 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. MPAA asserts that industry's success in HOS management is based on a system that is driver-based rather than vehicle-based. According to MPAA, few production drivers qualify for the short- haul driver exception in 49 CFR 395.1(e)(1) and [[Page 49773]] (e)(2) and will be subject to the ELD requirements when compliance becomes mandatory. Each time a production driver operates a CMV for a different studio or production company the motor carrier and the driver must reconcile the driver's HOS record for the past week. At present, cooperation between production companies, various Teamsters locals, and drivers can reduce the burden of this detailed reconciliation. And under the current rules, drivers themselves can 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. MPAA contends that the lack of interoperability among ELD platforms developed by various manufacturers means that motion picture company drivers will not be able to transfer HOS data from one carrier or vehicle to other carriers or vehicles. A driver who is required to use an ELD may operate a CMV that has one operating system installed on the truck. When the driver transfers to operating for another studio or production company, that company may use a different ELD operating system for its vehicles. The HOS data cannot automatically be transferred from the first company's vehicle to the second company's system unless both ELD devices are on the same platform. MPAA believes that requiring production company drivers to record their HOS using incompatible ELD platforms would prevent them from implementing more efficient or effective operations that would maintain a level of safety equivalent to, or greater than, the level achieved without the requested exemption. Allowing production company drivers to continue using paper RODS to record their HOS data will not jeopardize operational safety or increase fatigue-related crashes. MPAA states that Congress and FMCSA already recognized the minimal safety concerns presented by motion picture production drivers due to the limited numbers of hours and miles they operate CMVs and the availability of frequent and extended periods of off duty time throughout the workday. As a result production drivers are already exempted from the typical HOS driving and on duty time limits as long as they operate within a 100 air-mile radius of the location where the driver reports to and is released from work. Because production drivers operate CMVs so few miles and hours per day, motion picture production companies have driver and vehicle out- of-service rates that are substantially below the national averages for carriers in general. Until such time as all ELD platforms are fully interoperable, motion picture production drivers should be allowed to continue recording their HOS data using paper RODS. A copy of MPAA's application for exemption is available for review in the docket for this notice. Issued on: October 23, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-23404 Filed 10-26-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Proposed Rules 49771
III. Request for Exemption State-defined harvest and planting vehicles despite never or very rarely
WEDA filed this application for seasons when: (1) Transporting farm utilizing them. Because of the complex
exemption on behalf of its own supplies for an agricultural purpose; (2) and confusing overlap, many dealers
organization and the following: from the dealership to a farm; and (3) will install and utilize ELDs when
Northeast Equipment Dealers within a 150 air-mile radius of the unnecessary to avoid harsh penalties
Association; North Dakota Implement distribution point. This exemption, including thousands of dollars in fines
Dealers Association; Midwest-South however, does not cover transportation and potential shutdown orders.
Eastern Equipment Dealers Association; of equipment from the farm to a Equipment dealers will not claim the
Far West Equipment Dealers dealership. exemptions intended for them by
The ELD rule, according to WEDA, Congress because the confusion and
Association; Deep South Equipment
creates confusing and overlapping complexity spawned by the ELD rule
Dealers Association; Equipment Dealers
scenarios due to the conflicting rules creates the risk of penalties being
Association and the United Equipment placed on equipment dealers.
Dealers Association. imposed which outweigh the benefits.
Depending on the State definition of The result will be severely diminished
These groups represent approximately
harvest and planting season, an hours of operation for equipment
6,000 farm, industrial and outdoor
equipment dealer may be required to dealers, and, consequently, reduced
power equipment dealers in North install an ELD for only the couple of
America. WEDA states that in the responsiveness to their customers. Costs
months of the year when the and downtime for farmers and ranchers
agriculture sector, equipment dealers agribusiness exemption is not in effect.
play a key role in selling and servicing will undoubtedly increase making their
The agribusiness exemption is limited agriculture producers less competitive
equipment for farmers and ranchers, as in scope; therefore, an equipment dealer
they transport machinery to and from in a global market.
could be exempt from using an ELD in
farms and between dealerships. They certain cases, while still required to IV. Method To Ensure an Equivalent or
partner with agricultural producers to utilize an ELD in others. Greater Level of Safety
increase productivity through the The ELD requirements threaten to
training and use of new equipment WEDA states that its request falls
limit the exemptions and weave a within the FMCSA’s discretion to grant
technologies. Complying with the ELD complex regulatory framework that
requirement will be unduly burdensome because the law currently provides
would be difficult for equipment dealers overlapping exemptions and exceptions
for equipment dealers and their to comply with, advises WEDA. The
customers—farmers and ranchers, that, taken together with the ELD
short-haul and agribusiness exceptions mandate, create confusing and
without providing the sought-after apply in different scenarios at different
safety advancements contemplated by contradicting requirements for
times, and it is unclear in the first equipment dealers. In addition,
the rule. instance whether both can be combined
Many of the vehicles owned by equipment dealers’ operations
to cover a single driving operation. For constitute unique aspects that should
equipment dealers require a commercial example, the agribusiness exemption
driver’s license to operate. When warrant an exemption from the ELD
would not currently apply to an rules. WEDA therefore seeks a five-year,
transporting equipment to and from the equipment dealer hauling a broken
farm, on behalf of the farmer, they are renewable exemption from the ELD
tractor from a farm to the dealership for requirements in the Federal regulations.
either delivering new equipment or repair. The short-haul exemption would
transporting equipment to a dealership WEDA believes the request should be
apply, though, so long as the farm is granted because the exemption will
to be serviced. Equipment dealers also within 100 miles and the HOS
employ service trucks that drive to achieve a level of safety equivalent to,
requirements are met. However, or greater than, the level that would be
farms and ranches to work on suppose a service truck hauling a trailer
customer’s equipment and deliver parts achieved absent the proposed
visits a farm 120 miles from the
to the customer’s location. In either exemption.
dealership to repair a tractor. After
instance, these vehicles usually operate A copy of WEDA’s application for
attempting repairs for several hours and
within a confined distance from the exemption is available for review in the
working beyond 12 hours in the day, the
dealership of less than 150 miles, and docket for this notice.
technician must return with the tractor
are primarily in rural regions of their or another piece of equipment to Issued on: October 23, 2017.
respective states. perform services at the dealership. The Larry W. Minor,
WEDA states that due to the seasonal, short haul exemption would not apply Associate Administrator for Policy.
unpredictable and rural nature of because it is beyond the 100-mile radius [FR Doc. 2017–23403 Filed 10–26–17; 8:45 am]
agriculture production, Congress has and the HOS requirements have been BILLING CODE 4910–EX–P
granted agriculture businesses exceeded, nor would the agribusiness
numerous exemptions from exemption apply because a driver is not
transportation requirements. The clear covered while transporting equipment DEPARTMENT OF TRANSPORTATION
intent was to accommodate agricultural from a farm to the dealership. The
operations by broadening the scope of driver would then be required to record Federal Motor Carrier Safety
existing agribusiness exemptions in the entirety of the day’s driving on an Administration
terms of distance and types of entities ELD because no exemption applies. This
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
covered by the exemption because the is but one scenario of many where three 49 CFR Part 395
reality of farming and ranching complex rules overlap at different
[Docket No. FMCSA–2017–0298]
operations required it. intervals to create confusion about the
WEDA explains that the agribusiness regulations that should be followed, and Hours of Service of Drivers:
exemption to the HOS rules is separate do not contribute to increased safety for Application for Exemption; Motion
and distinct from the short-haul the driver or the driving public. Picture Association of America
exemption. Under 49 CFR (k)(1–3), As a practical matter, WEDA states
equipment dealers are exempt from that equipment dealers are required to AGENCY:Federal Motor Carrier Safety
HOS and log book requirements during install ELDs in all of their commercial Administration (FMCSA), DOT.
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![Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Proposed Rules 49773
(e)(2) and will be subject to the ELD rates that are substantially below the This proposed rule has a 15-day
requirements when compliance national averages for carriers in general. comment period. The abbreviated
becomes mandatory. Each time a Until such time as all ELD platforms are comment period is necessary to
production driver operates a CMV for a fully interoperable, motion picture implement any management changes
different studio or production company production drivers should be allowed to before January 1, 2018 to ensure all
the motor carrier and the driver must continue recording their HOS data using HMS charter/headboat vessels are
reconcile the driver’s HOS record for the paper RODS. appropriately categorized as commercial
past week. At present, cooperation A copy of MPAA’s application for or non-commercial upon initial
between production companies, various exemption is available for review in the application or renewal of 2018 HMS
Teamsters locals, and drivers can reduce docket for this notice. Charter/Headboat permits. We do not
the burden of this detailed Issued on: October 23, 2017. anticipate the proposal to be
reconciliation. And under the current controversial or to generate significant
Larry W. Minor,
rules, drivers themselves can manage public comment and believe that a 15-
the necessary paper RODS, carry them Associate Administrator for Policy.
day comment period will be sufficient
to each new CMV, and transfer paper [FR Doc. 2017–23404 Filed 10–26–17; 8:45 am]
to attract any substantive public input.
copies to each new motor carrier as BILLING CODE 4910–EX–P
DATES: Written comments must be
needed. When a roadside inspection received by November 13, 2017. An
occurs, a driver can produce paper operator-assisted, public conference call
RODS for review by the enforcement DEPARTMENT OF COMMERCE and webinar will be held on November
official. 1, 2017, from 2:00 p.m. to 4:00 p.m.,
MPAA contends that the lack of National Oceanic and Atmospheric EST.
interoperability among ELD platforms Administration
developed by various manufacturers ADDRESSES: The conference call
means that motion picture company 50 CFR Part 635 information is phone number 1 (888)
drivers will not be able to transfer HOS 664–9965; participant passcode
data from one carrier or vehicle to other [Docket No. 170901859–7999–01] 5355311. Participants are strongly
carriers or vehicles. A driver who is RIN 0648–BH19
encouraged to log/dial in fifteen
required to use an ELD may operate a minutes prior to the meeting. NMFS
CMV that has one operating system Atlantic Highly Migratory Species; will show a brief presentation via
installed on the truck. When the driver Charter/Headboat Permit Commercial webinar followed by an opportunity for
transfers to operating for another studio Sale Provision public comment. To join the webinar go
or production company, that company to: https://noaaevents2.webex.com/noaa
may use a different ELD operating AGENCY: National Marine Fisheries events2/onstage/g.php?MTID=efb2b4e
system for its vehicles. The HOS data Service (NMFS), National Oceanic and 48c0c4b75f50900b90743b7a18, event
cannot automatically be transferred Atmospheric Administration (NOAA), password: noaa. Participants that have
from the first company’s vehicle to the Commerce. not used WebEx before will be
second company’s system unless both ACTION: Proposed rule; request for prompted to download and run a plug-
ELD devices are on the same platform. comments. in program that will enable them to
MPAA believes that requiring view the webinar.
production company drivers to record SUMMARY: This proposed rule would You may submit comments on this
their HOS using incompatible ELD make HMS Charter/Headboat permits a document, identified by NOAA–NMFS–
platforms would prevent them from non-commercial category and create a 2017–0124, by any of the following
implementing more efficient or effective separate regulatory provision for the methods:
operations that would maintain a level commercial sale of Atlantic highly • Electronic Submission: Submit all
of safety equivalent to, or greater than, migratory species (HMS) by HMS electronic public comments via the
the level achieved without the requested Charter/Headboat permit holders. Federal e-Rulemaking Portal. Go to
exemption. Allowing production Currently, all vessels issued an HMS www.regulations.gov/
company drivers to continue using Charter/Headboat permit could be #!docketDetail;D=NOAA-NMFS-2017-
paper RODS to record their HOS data categorized as a commercial fishing 0124, click the ‘‘Comment Now!’’ icon,
will not jeopardize operational safety or vessel and subject to United States Coast complete the required fields, and enter
increase fatigue-related crashes. Guard (USCG) commercial fishing or attach your comments.
MPAA states that Congress and vessel safety requirements if they also • Mail: Submit written comments to
FMCSA already recognized the minimal possess a state commercial sale permit, Margo Schulze-Haugen, NMFS/SF1,
safety concerns presented by motion regardless of whether the permit holder 1315 East-West Highway, National
picture production drivers due to the engages or intends to engage in Marine Fisheries Service, SSMC3, Silver
limited numbers of hours and miles commercial fishing. Under the proposed Spring, MD 20910.
they operate CMVs and the availability rule, HMS Charter/Headboat permit Instructions: Comments sent by any
of frequent and extended periods of off holders would be prohibited from other method, to any other address or
duty time throughout the workday. As selling Atlantic tunas or swordfish individual, or received after the end of
a result production drivers are already unless they obtain a ‘‘commercial sale’’ the comment period, may not be
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
exempted from the typical HOS driving endorsement for their permit. This considered by NMFS. All comments
and on duty time limits as long as they proposed rule would clarify which HMS received are a part of the public record
operate within a 100 air-mile radius of Charter/Headboat permitted vessels are and will generally be posted for public
the location where the driver reports to properly categorized as commercial viewing on www.regulations.gov
and is released from work. fishing vessels. This action would be without change. All personal identifying
Because production drivers operate administrative in nature and would not information (e.g., name, address, etc.),
CMVs so few miles and hours per day, affect fishing practices or result in any confidential business information, or
motion picture production companies significant environmental or economic otherwise sensitive information
have driver and vehicle out-of-service impacts. submitted voluntarily by the sender will
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Document Created: 2017-10-27 02:06:39
Document Modified: 2017-10-27 02:06:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Application for exemption; request for comments. | |
| Dates | Comments must be received on or before November 27, 2017. | |
| Contact | For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 82 FR 49771 |
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