83 FR 2869 - Hours of Service of Drivers: Application for Exemption; Motion Picture Association of America
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 13 (January 19, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 13 (January 19, 2018)
| Page Range | 2869-2871 | |
| FR Document | 2018-00846 |
[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)] [Notices] [Pages 2869-2871] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00846] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [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. ACTION: Notice of final disposition; grant of application for exemption. ----------------------------------------------------------------------- SUMMARY: FMCSA grants the Motion Picture Association of America (MPAA) a five-year 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 requested this exemption to allow these drivers to complete paper records of duty status (RODS) instead of using an ELD device. FMCSA has determined that the unique aspects of these drivers' operations, combined with additional oversight of their paper RODS, is equivalent to that which [[Page 2870]] would result from the use of ELDs for their particular operations, and therefore provides an equivalent level of safety. DATES: This exemption is effective January 19, 2018 and expires January 19, 2023. 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 Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ``FMCSA-2017-0298 in the ``Keyword'' box and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 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., e.t., Monday through Friday, except Federal holidays. 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 requested an exemption from the final rule on ELD requirements published in the Federal Register on December 16, 2015 (80 FR 78292). The exemption would allow all drivers of CMVs providing transportation of passengers and 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 December 18, 2017, the compliance date for the ELD rule. The term of the requested exemption is five years, subject to renewal. MPAA reported 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 asserted 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)(ii)(A) because they often exceed the 12-hour limit and therefore may be subject to the ELD requirements. 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 to other carriers. MPAA states \1\ that the motion picture industry (MPI): --------------------------------------------------------------------------- \1\ www.regulations.gov, Docket Item FMCSA-2017-0298-0027, Filed by Alicia Leahy for MPAA on November 28, 2017. ``. . . has developed a comprehensive database that contains HOS data, making it easier for motor carriers to keep track of drivers' cumulative HOS and prevent HOS violations from occurring, all while protecting the confidentiality of each motor carrier's private records. This is true even when the driver has worked for a separate USDOT# within the MPI within the prior 7-day period or same 24-hour period. This same level of safety, compliance, and visibility to the driver's hours of service is impossible in the current ELD landscape. ``Current regulatory requirements designate that drivers submit logs within 13 days of the 24-hour period to which the record pertains. 49 CFR 395.8(a)(2)(ii). MPAA Member companies go above and beyond by requiring drivers to submit RODS within 24 hours of the duty period to which the record pertains, which is a 12-day reduction in the timeframe otherwise required.'' ``The RODS are then reviewed by third-party auditing companies, resulting in accelerated reporting of HOS compliance and an independent assessment of accuracy. This allows any concerns that may be discovered in the review to be expeditiously addressed by the employing motor carrier that is ultimately responsible for enforcement of the regulations. Member companies' current practices include reviewing driver payroll records and other supporting documentation such as fuel receipts, inspection reports, vehicle records and receipts, expense receipts, schedules, bill of lading, etc. to verify the accuracy of the paper logs'' [emphasis in original]. A copy of MPAA's application for exemption is available for review in the docket for this notice. V. Public Comments On October 27, 2017, FMCSA published notice of this application and requested public comments (82 FR 49771). The Agency received 29 comments. Eight respondents, including Teamsters Local 399 and the International Brotherhood of Teamsters (IBT), provided support for the exemption. Eleven respondents, including the Advocates for Highway and Auto Safety (Advocates) and the Commercial Vehicle Safety Alliance (CVSA), opposed the exemption. Ten respondents commented about the ELD rule but did not comment on MPAA's application. Among supporters of the application, Teamsters Local 399, which has 4,500 members in the motion picture and television industry, stated that ``[t]he AMPTP [Alliance of Motion Picture and [[Page 2871]] Television Producers], it's signatory Studios and Producers spend millions of dollars, year after year, decade after decade, keeping themselves and Teamster drivers in compliance throughout the United States. Paper logs for our industry have been practiced, preached and perfected with safe and accurate results for multiple Studios, Production Companies and thousands of drivers in the motion picture industry that are employed by them.'' Among opponents of the application, Advocates concluded that MPAA ``does not meet the statutory and regulatory requirements for the exemption. The Application fails to justify the need for the exemption, provide an analysis of the safety impacts the requested exemption may cause, or provide information on the specific countermeasures to be undertaken to ensure that the exemption will achieve an equivalent or greater level of safety than would be achieved absent the exemption.'' CVSA registered its opposition by noting that ``exemptions from federal safety regulations have the potential to undermine safety, while also complicating the enforcement process. The Federal Motor Carrier Safety Regulations and the Hazardous Materials Regulations exist to ensure that those operating in the transportation industry are equipped to do it safely.'' VI. FMCSA Response FMCSA has evaluated MPAA's application and the public comments. The Agency disagrees with commenters' remarks that MPAA has not justified the need for the exemption or provided specific countermeasures. MPAA has outlined their unique operational issues that justify not using ELDs and clearly explained the special handling of their RODs that ensures a high level of accuracy to provide the equivalent level of safety. We note at the outset that Congress has recognized the unique aspects of the motion picture industry's operations and has provided statutory exceptions from some HOS regulations.\2\ The industry's drivers generally operate short distances and normally spend much of their time off duty. Therefore, Congress has allowed these drivers longer work days and drive time compared to the normal hours-of-service rules. --------------------------------------------------------------------------- \2\ See Section 4133 of SAFETEA-LU (119 Stat. 1744) (set out as a note to 49 U.S.C. 31136). --------------------------------------------------------------------------- Because of the nature of their operations, motion picture industry drivers often will continue to use the same paper RODS from one carrier to another. In these unique circumstances, using an ELD system would provide little additional accuracy to the HOS data because most duty status information would be manually entered by the drivers and interoperability between the systems is not required. As MPAA 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, MPAA 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 MPAA, these ``RODS are reviewed by a third-party auditing company, resulting in accelerated reporting of HOS compliance and an independent assessment of accuracy.'' In view of the heightened scrutiny of HOS records to which drivers in the motion picture industry are subject to (as described in the MPAA statement in Section III, above), FMCSA believes that drivers operating under this exemption will achieve a level of safety equivalent to or greater than the level of safety that would be achieved through the use of ELDs [49 CFR 381.305(a)]. VII. Decision For the reasons addressed above, and subject to the terms and conditions set forth in Section VIII, FMCSA grants MPAA's request for an exemption from the ELD requirement under 49 CFR 395.8(a). VIII. Terms and Conditions of the Exemption 1. Drivers operating under the exemption are exempt from the ELD requirement under 49 CFR 395.8(a). 2. The exemption is effective January 19, 2018 and, unless revoked at an earlier date, expires January 19, 2023. 3. Drivers must have a copy of this notice or equivalent signed FMCSA exemption document in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request. 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. Preemption In accordance with 49 U.S.C. 31315(d), during the period this exemption is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a firm or person operating in interstate commerce. Notification to FMCSA Exempt motor carriers must notify FMCSA within 5 business days of any accident (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) Name of the exemption: ``MPAA,'' (b) Name of the operating motor carrier, (c) Date of the accident, (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 accident, (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 period prior to the accident. Reports filed under this provision shall be emailed to [email protected] Termination FMCSA does not anticipate the drivers covered by this exemption to experience any deterioration of their safety record. Nevertheless, interested parties or organizations possessing information that would otherwise show that any or all of these motor carriers are not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any information submitted and, if safety is being compromised or if the continuation of the exemption is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will immediately take steps to revoke the exemption of the company or companies and drivers in question. Issued on: January 12, 2018. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2018-00846 Filed 1-18-18; 8:45 am] BILLING CODE 4910-EX-P
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TRALA to consider whether to petition that would be obtained absent the (g) Number of individuals suffering
for reconsideration of FMCSA’s action waiver. Because this waiver applies to physical injury,
on its exemption. all short-term truck rentals not (h) Number of fatalities,
TRALA described unique challenges exceeding 30 days, during a time period (i) The police-reported cause of the
faced by operators of short-term rentals, both the previous exemption and this accident,
namely the lack of interoperability waiver are in effect, this waiver (j) Whether the driver was cited for
between ELD device platforms, a supersedes the exemption granted to violation of any traffic laws or motor
situation that requires rental companies TRALA on October 11, 2017 (82 FR carrier safety regulations, and
to address how their customers’ drivers 47306) to the extent there is any (k) The total driving time and total on-
might record their HOS using ELDs as inconsistency. duty time period prior to the accident.
efficiently as possible. TRALA Accident notifications must be
described several steps its members Terms and Conditions of the Waiver emailed to MCPSD@dot.gov.
have taken since FMCSA’s October 11, (1) This waiver from the requirements (7) FMCSA expects that any drivers
2017, decision granting a partial of 49 CFR 395.8(a)(1)(i) is effective from and their employing motor carrier
exemption for rental trucks, including January 19, 2018, through April 19, operating under the terms and
building cloud-based portal systems 2018. conditions of this waiver will maintain
between ELD providers and purchasers their safety record. Should any safety
(2) This exemption covers rental of
of ELDs. Nevertheless, TRALA states problems be discovered, however,
any property-carrying CMV for a period
that additional time is required and that FMCSA will take all steps necessary to
of 30 days or less, regardless of the
a 90-day waiver would allow its protect the public interest. Use of this
reason for the rental. Evidence that a
members to continue working through waiver is voluntary, and FMCSA will
carrier has replaced one rental CMV
the issues presented by the required immediately revoke the waiver for any
with another on 30-day cycles or
technology and the need for individual interstate driver or motor carrier for
attempted to renew a rental agreement
customer-based compliance strategies. failure to comply with the terms and
for the same CMV for a period beyond
TRALA stated that the waiver would conditions of the waiver.
30 days will be regarded as a violation
not result in any adverse impact on of the waiver. Preemption of State Requirements
safety as drivers of rental vehicles (3) Carriers and drivers operating
would remain subject to HOS Consistent with 49 U.S.C. 31315(d),
under this waiver must comply with all this waiver preempts inconsistent State
regulations and the requirement to keep other applicable requirements of the
paper records of duty status under 49 or local requirements applicable to
Federal Motor Carrier Safety interstate commerce.
CFR 395.3 and 395.8. Furthermore, Regulations, including the preparation
TRALA stated that planned enforcement of paper records of duty status (RODS) Issued on: January 12, 2018.
activities would not be compromised, for operations which are currently Cathy F. Gautreaux,
given the decision that CMVs will not Deputy Administrator.
considered to be subject to the HOS
be placed out-of-service and carriers’
rules and the record retention [FR Doc. 2018–00843 Filed 1–18–18; 8:45 am]
Safety Measurement System scores will
requirements associated with those BILLING CODE 4910–EX–P
not be impacted for failure to employ
RODs and supporting documents.
ELDs through April 1, 2018.
Finally, TRALA explained why the (4) Motor carriers operating under this
waiver must have a ‘‘satisfactory’’ safety DEPARTMENT OF TRANSPORTATION
waiver would not serve as a safe harbor
for carriers seeking to avoid compliance rating from FMCSA or be unrated; motor
carriers with ‘‘conditional’’ or Federal Motor Carrier Safety
with the HOS regulations, given the Administration
increased cost of operating under short- ‘‘unsatisfactory’’ safety ratings are
term rental arrangements. prohibited from taking advantage of the [Docket No. FMCSA–2017–0298]
waiver.
FMCSA Determination (5) Carriers operating under this Hours of Service of Drivers:
Given the obstacles to ELD waiver must ensure that their drivers Application for Exemption; Motion
implementation unique to short-term carry a copy of this Federal Register Picture Association of America
CMV rentals and the impact on carriers notice in the vehicle and present it to AGENCY: Federal Motor Carrier Safety
renting trucks for a period not exceeding motor carrier safety enforcement Administration (FMCSA), DOT.
30 days, FMCSA finds it is in the public officials upon request.
ACTION: Notice of final disposition; grant
interest to grant a limited 3-month (6) Crash Notification to FMCSA
of application for exemption.
waiver from the requirement that Carriers operating under this waiver
carriers and drivers operating rental must notify FMCSA within 5 business SUMMARY: FMCSA grants the Motion
CMVs in interstate commerce employ days of any accident (as defined in 49 Picture Association of America (MPAA)
ELDs effective December 18, 2017. This CFR 390.5), involving any of the motor a five-year exemption from the
waiver will avoid business disruptions carrier’s drivers operating under the electronic logging device (ELD)
for carriers required to employ short- terms of this waiver. The notification requirements for all commercial motor
term rentals, regardless of the reason, must include the following information: vehicle (CMV) drivers providing
and allow businesses renting CMVs to (a) Identity of Waiver: ‘‘TRALA,’’ transportation to or from a theatrical or
continue their work to reconcile the (b) Date of the accident, television motion picture production
ELD requirement with the needs of their (c) City or town, and State, in which site. MPAA requested this exemption to
daltland on DSKBBV9HB2PROD with NOTICES
individual customers. Given the brief the accident occurred, or closest to the allow these drivers to complete paper
time frame during which the waiver will accident scene, records of duty status (RODS) instead of
be in effect and the terms and (d) Driver’s name and license number, using an ELD device. FMCSA has
conditions applicable to drivers (e) Co-driver’s name and license determined that the unique aspects of
operating under its provisions, FMCSA number (if applicable), these drivers’ operations, combined
finds that a level of safety is likely to be (f) Vehicle number and State license with additional oversight of their paper
achieved that is equivalent to the level number, RODS, is equivalent to that which
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![2870 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices
would result from the use of ELDs for from which the exemption is granted. drivers will not be able to transfer HOS
their particular operations, and The notice must also specify the data from one carrier to other carriers.
therefore provides an equivalent level of effective period and explain the terms MPAA states 1 that the motion picture
safety. and conditions of the exemption. The industry (MPI):
DATES: This exemption is effective exemption may be renewed (49 CFR ‘‘. . . has developed a comprehensive
January 19, 2018 and expires January 381.300(b)). database that contains HOS data, making it
19, 2023. III. Request for Exemption
easier for motor carriers to keep track of
FOR FURTHER INFORMATION CONTACT: For drivers’ cumulative HOS and prevent HOS
information concerning this notice, MPAA requested an exemption from violations from occurring, all while
the final rule on ELD requirements protecting the confidentiality of each motor
contact Mr. Tom Yager, Chief, FMCSA
published in the Federal Register on carrier’s private records. This is true even
Driver and Carrier Operations Division; when the driver has worked for a separate
Office of Carrier, Driver and Vehicle December 16, 2015 (80 FR 78292). The
USDOT# within the MPI within the prior 7-
Safety Standards; Telephone: 614–942– exemption would allow all drivers of day period or same 24-hour period. This
6477. Email: MCPSD@dot.gov. If you CMVs providing transportation of same level of safety, compliance, and
have questions on viewing or submitting passengers and property to and from a visibility to the driver’s hours of service is
material to the docket, contact Docket theatrical or television motion picture impossible in the current ELD landscape.
Services, telephone (202) 366–9826. production site to complete paper RODS ‘‘Current regulatory requirements designate
SUPPLEMENTARY INFORMATION: instead of using an ELD device on or that drivers submit logs within 13 days of the
after December 18, 2017, the compliance 24-hour period to which the record pertains.
I. Public Participation date for the ELD rule. The term of the 49 CFR 395.8(a)(2)(ii). MPAA Member
companies go above and beyond by requiring
Viewing Comments and Documents requested exemption is five years,
drivers to submit RODS within 24 hours of
subject to renewal. the duty period to which the record pertains,
To view comments, as well as
documents mentioned in this preamble MPAA reported that approximately which is a 12-day reduction in the timeframe
as being available in the docket, go to 6,500 CMV drivers operate CMVs on a otherwise required.’’
www.regulations.gov and insert the full- or part-time basis for the motion ‘‘The RODS are then reviewed by third-
picture industry. According to HOS data party auditing companies, resulting in
docket number, ‘‘FMCSA–2017–0298 in accelerated reporting of HOS compliance and
the ‘‘Keyword’’ box and click ‘‘Search.’’ developed by third party compliance
services, these drivers spend on average an independent assessment of accuracy. This
Next, click the ‘‘Open Docket Folder’’ allows any concerns that may be discovered
button and choose the document to less than four hours each day driving
in the review to be expeditiously addressed
review. If you do not have access to the and drive about 40 miles per day. Their by the employing motor carrier that is
internet, you may view the docket resulting RODs are often very complex, ultimately responsible for enforcement of the
online by visiting the Docket as are the driver HOS records that regulations. Member companies’ current
Management Facility in Room W12–140 employing motor carriers must keep. practices include reviewing driver payroll
on the ground floor of the DOT West Through close cooperation, the industry records and other supporting documentation
has been able to manage the extensive such as fuel receipts, inspection reports,
Building, 1200 New Jersey Avenue SE, vehicle records and receipts, expense
Washington, DC 20590, between 9 a.m. interchange of paper RODs that this
work pattern requires. MPAA asserted receipts, schedules, bill of lading, etc. to
and 5 p.m., e.t., Monday through Friday, verify the accuracy of the paper logs’’
except Federal holidays. that industry’s success in HOS
[emphasis in original].
management is based on a system that
II. Legal Basis is driver-based rather than vehicle- A copy of MPAA’s application for
FMCSA has authority under 49 U.S.C. based. exemption is available for review in the
31136(e) and 31315 to grant exemptions According to MPAA, few production docket for this notice.
from certain parts of the Federal Motor drivers qualify for the short-haul driver V. Public Comments
Carrier Safety Regulations (FMCSRs). exception in 49 CFR 395.1(e)(1)(ii)(A)
because they often exceed the 12-hour On October 27, 2017, FMCSA
FMCSA must publish a notice of each published notice of this application and
exemption request in the Federal limit and therefore may be subject to the
ELD requirements. Each time a requested public comments (82 FR
Register (49 CFR 381.315(a)). The 49771). The Agency received 29
Agency must provide the public an production driver operates a CMV for a
different studio or production company, comments. Eight respondents, including
opportunity to inspect the information Teamsters Local 399 and the
relevant to the application, including the motor carrier and the driver must
reconcile the driver’s HOS record for the International Brotherhood of Teamsters
any safety analyses that have been (IBT), provided support for the
conducted. The Agency must also past week. At present, cooperation
between production companies, various exemption. Eleven respondents,
provide an opportunity for public including the Advocates for Highway
comment on the request. Teamsters locals, and drivers can reduce
the burden of this detailed and Auto Safety (Advocates) and the
The Agency reviews safety analyses
reconciliation. And under the current Commercial Vehicle Safety Alliance
and public comments submitted, and
rules, drivers themselves can manage (CVSA), opposed the exemption. Ten
determines whether granting the
the necessary paper RODS, carry them respondents commented about the ELD
exemption would likely achieve a level
to each new CMV, and transfer paper rule but did not comment on MPAA’s
of safety equivalent to, or greater than,
copies to each new motor carrier as application.
the level that would be achieved by the
Among supporters of the application,
current regulation (49 CFR 381.305). needed. When a roadside inspection
Teamsters Local 399, which has 4,500
daltland on DSKBBV9HB2PROD with NOTICES
The decision of the Agency must be occurs, a driver can produce paper
members in the motion picture and
published in the Federal Register (49 RODS for review by the enforcement
television industry, stated that ‘‘[t]he
CFR 381.315(b)) with the reasons for official.
AMPTP [Alliance of Motion Picture and
denying or granting the application and, MPAA contends that the lack of
if granted, the name of the person or interoperability among ELD platforms 1 www.regulations.gov, Docket Item FMCSA–
class of persons receiving the developed by various manufacturers 2017–0298–0027, Filed by Alicia Leahy for MPAA
exemption, and the regulatory provision means that motion picture company on November 28, 2017.
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Television Producers], it’s signatory same paper RODS from one carrier to Preemption
Studios and Producers spend millions another. In these unique circumstances,
In accordance with 49 U.S.C.
of dollars, year after year, decade after using an ELD system would provide
31315(d), during the period this
decade, keeping themselves and little additional accuracy to the HOS
exemption is in effect, no State shall
Teamster drivers in compliance data because most duty status
enforce any law or regulation that
throughout the United States. Paper logs information would be manually entered
conflicts with or is inconsistent with
for our industry have been practiced, by the drivers and interoperability
this exemption with respect to a firm or
preached and perfected with safe and between the systems is not required. As
person operating in interstate
accurate results for multiple Studios, MPAA states, the paper log provides
commerce.
Production Companies and thousands of continuity for the carrier and
drivers in the motion picture industry enforcement to evaluate compliance, Notification to FMCSA
that are employed by them.’’ regardless of the number of carriers for
Among opponents of the application, Exempt motor carriers must notify
which the driver is operating in a given
Advocates concluded that MPAA ‘‘does FMCSA within 5 business days of any
7-day or even 24-hour period. FMCSA
not meet the statutory and regulatory accident (as defined in 49 CFR 390.5),
acknowledges that, given the unique
requirements for the exemption. The involving any of their CMVs operating
arrangements under which drivers in
Application fails to justify the need for under the terms of the exemption. The
the motion picture industry routinely
the exemption, provide an analysis of notification must include the following
operate for multiple carriers over brief
the safety impacts the requested information:
periods of time, paper RODS may prove
exemption may cause, or provide more efficient than ELDs. (a) Name of the exemption: ‘‘MPAA,’’
information on the specific In addition, MPAA members are (b) Name of the operating motor
countermeasures to be undertaken to required to submit their RODS within carrier,
ensure that the exemption will achieve 24 hours, rather than waiting for the 13- (c) Date of the accident,
an equivalent or greater level of safety day period allowed by 49 CFR 395.8. (d) City or town, and State, in which
than would be achieved absent the According to MPAA, these ‘‘RODS are the accident occurred, or closest to the
exemption.’’ reviewed by a third-party auditing accident scene,
CVSA registered its opposition by company, resulting in accelerated (e) Driver’s name and license number,
noting that ‘‘exemptions from federal reporting of HOS compliance and an (f) Vehicle number and State license
safety regulations have the potential to independent assessment of accuracy.’’ number,
undermine safety, while also In view of the heightened scrutiny of (g) Number of individuals suffering
complicating the enforcement process. HOS records to which drivers in the physical injury,
The Federal Motor Carrier Safety motion picture industry are subject to (h) Number of fatalities,
Regulations and the Hazardous (as described in the MPAA statement in (i) The police-reported cause of the
Materials Regulations exist to ensure Section III, above), FMCSA believes that accident,
that those operating in the drivers operating under this exemption (j) Whether the driver was cited for
transportation industry are equipped to will achieve a level of safety equivalent violation of any traffic laws or motor
do it safely.’’ to or greater than the level of safety that carrier safety regulations, and
VI. FMCSA Response would be achieved through the use of (k) The driver’s total driving time and
ELDs [49 CFR 381.305(a)]. total on-duty time period prior to the
FMCSA has evaluated MPAA’s
application and the public comments. VII. Decision accident.
The Agency disagrees with commenters’ Reports filed under this provision
For the reasons addressed above, and
remarks that MPAA has not justified the shall be emailed to MCPSD@DOT.GOV.
subject to the terms and conditions set
need for the exemption or provided forth in Section VIII, FMCSA grants Termination
specific countermeasures. MPAA has MPAA’s request for an exemption from
outlined their unique operational issues FMCSA does not anticipate the
the ELD requirement under 49 CFR
that justify not using ELDs and clearly drivers covered by this exemption to
395.8(a).
explained the special handling of their experience any deterioration of their
RODs that ensures a high level of VIII. Terms and Conditions of the safety record. Nevertheless, interested
accuracy to provide the equivalent level Exemption parties or organizations possessing
of safety. information that would otherwise show
1. Drivers operating under the
We note at the outset that Congress that any or all of these motor carriers are
exemption are exempt from the ELD
has recognized the unique aspects of the not achieving the requisite statutory
requirement under 49 CFR 395.8(a).
motion picture industry’s operations level of safety should immediately
2. The exemption is effective January notify FMCSA. The Agency will
and has provided statutory exceptions
19, 2018 and, unless revoked at an evaluate any information submitted and,
from some HOS regulations.2 The
earlier date, expires January 19, 2023. if safety is being compromised or if the
industry’s drivers generally operate
short distances and normally spend 3. Drivers must have a copy of this continuation of the exemption is
much of their time off duty. Therefore, notice or equivalent signed FMCSA inconsistent with 49 U.S.C. 31315(b)(4)
Congress has allowed these drivers exemption document in their possession and 31136(e), FMCSA will immediately
longer work days and drive time while operating under the terms of the take steps to revoke the exemption of
compared to the normal hours-of-service exemption. The exemption document the company or companies and drivers
daltland on DSKBBV9HB2PROD with NOTICES
rules. must be presented to law enforcement in question.
Because of the nature of their officials upon request.
4. Carriers operating under this Issued on: January 12, 2018.
operations, motion picture industry
exemption may not have an Cathy F. Gautreaux,
drivers often will continue to use the
‘‘Unsatisfactory’’ rating with FMCSA or Deputy Administrator.
2 See Section 4133 of SAFETEA–LU (119 Stat. be subject to any imminent hazard or [FR Doc. 2018–00846 Filed 1–18–18; 8:45 am]
1744) (set out as a note to 49 U.S.C. 31136). out of service orders. BILLING CODE 4910–EX–P
VerDate Sep<11>2014 17:05 Jan 18, 2018 Jkt 244001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1](https://thefederalregister.org/doc/83_FR_2882/page/3.svg)
Document Created: 2018-01-19 02:42:28
Document Modified: 2018-01-19 02:42:28
| 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 | Notices | |
| Action | Notice of final disposition; grant of application for exemption. | |
| Dates | This exemption is effective January 19, 2018 and expires January 19, 2023. | |
| 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 | 83 FR 2869 |
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