16852 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices 

Required to Collect PFCS: 

Nonscheduled/on demand air carriers, 

filing FAA Form 1800–31. 

Any person may inspect the 

application in person at the FAA office 

listed above under FOR FURTHER

INFORMATION CONTACT and at the FAA 

Regional Airports Division located at: 

Federal Aviation Administration, 

Airports Division, 15000 Aviation Blvd., 

Room 3012, Lawndale, CA 90261. In 

addition, any person may, upon request, 

inspect the application, notice and other 

documents germane to the application 

in person at Burbank-Glendale-Pasadena 

Airport Authority. 

Issued in Lawndale, California, on March 

16, 2011. 

Mark A. McClardy, 

Manager, Airports Division, Western-Pacific 

Region. 

[FR Doc. 2011–7062 Filed 3–24–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Public Notice for Waiver of 

Aeronautical Land-Use Assurance; 

Marv Skie-Lincoln County Airport; Tea, 

SD 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of intent of waiver with 

respect to land. 

SUMMARY: The Federal Aviation 

Administration (FAA) is considering a 

proposal to authorize the release of 

1.109 acres of the airport property at the 

Marv Skie-Lincoln County Airport, Tea, 

South Dakota. The proposal consists of 

the trade of unimproved land on the 

east side of the airport owned by the 

County of Lincoln for an equal parcel of 

land located on the west side of the 

airport. 

The acreage being released is not 

needed for aeronautical use as currently 

identified on the Airport Layout Plan. 

There are no impacts to the airport by 

allowing the County to trade properties. 

Approval does not constitute a 

commitment by the FAA to financially 

assist in the disposal of the airport 

property nor a determination of 

eligibility for grant-in-aid funding from 

the FAA. 

DATES: Comments must be received on 

or before April 25, 2011. 

ADDRESSES: Mr. David P. Anderson, 

Program Manager, Bismarck Airports 

District Office, 2301 University Drive, 

Building 23B, Bismarck, North Dakota, 

58504. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David P. Anderson, Program Manager, 

Bismarck Airports District Office, 2301 

University Drive, Building 23B, 

Bismarck, North Dakota. Telephone 

Number (701) 323–7380/FAX Number 

(701) 323–7399. Documents reflecting 

this FAA action may be reviewed at this 

same location or at the Lincoln County 

States Attorneys Office, 104 North Main 

Street, Suite 200, Canton, South Dakota. 

SUPPLEMENTARY INFORMATION: Following 

is a description of the subject airport 

property to be released at the Marv SkieLincoln County Airport. 

This property for release is for a land 

trade at the Marv Skie-Lincoln County 

Airport owned by the County of 

Lincoln, South Dakota. The property for 

release was originally acquired under 

Airport Improvement Program grant 

number 3–46–0078–001–1988. This 

1.109 acres is located in Southeast 

Quarter of the Northwest Quarter of 

Section 30, Township 100 North, Range 

50 West of the 5th Principle Meridian. 

Said parcel subject to all easements, 

restrictions, and reservations of record. 

Issued in Bismarck, North Dakota, on 

February 28, 2011. 

Thomas T. Schauer, 

Manager, Bismarck Airports District Office, 

FAA, Great Lakes Region. 

[FR Doc. 2011–7058 Filed 3–24–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–28043] 

Hours of Service (HOS) of Drivers; 

Assessing the Safety Impact of the 

Exemption From the 14-Hour Provision 

of the Hours of Service Rule for 

Certain Pyrotechnics Operations 

During Independence Day Celebrations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice; request for comments. 

SUMMARY: FMCSA requests public 

comment from all interested parties on 

the impact of the Agency’s previous 

decision granting certain members of 

the American Pyrotechnics Association 

(APA) an exemption from the current 

HOS prohibition against driving a 

commercial motor vehicle (CMV) after 

the 14th hour of coming on duty (i.e., 

the 14-hour Provision), provided their 

drivers did not operate CMVs after 

accumulating 14 hours on duty. The 

exemption covers certain pyrotechnics 

carriers and drivers for a period that 

begins 7 days prior to Independence 

Day and ends 2 days immediately 

following that holiday. The Agency 

initially granted a waiver from the 14- 

hour Provision in 2004, and granted an 

exemption from the 14-hour Provision 

in 2005 with subsequent renewals in 

2007 and 2009. FMCSA requests public 

comment on the safety impact of the 

exemption during the Independence 

Day periods of 2004 through 2010. 

DATES: Comments must be received on 

or before April 25, 2011. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2007–28043 by any of the following 

methods: 

Web site: Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Fax: 1–202–493–2251. 

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., 

Washington, DC, 20590 between 9 a.m. 

and 5 p.m. e.t., Monday through Friday, 

except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments and additional 

information on the exemption process, 

see the Public Participation heading 

below. Note that all comments received 

will be posted without change to 

http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov, and follow the 

online instructions for accessing the 

dockets, or visit the U.S. Department of 

Transportation Docket Management 

Facility at the street address listed above 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement for the Federal Docket 

Management System published in the 

Federal Register on January 17, 2008 

(73 FR 3316), or you may visit http:// 


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Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices 16853 

edocket.access.gpo.gov/2008/pdfE8- 

794.pdf. 

Public Participation: The Federal 

eRulemaking Portal is available 24 

hours each day, 365 days each year. You 

can obtain electronic submission and 

retrieval help and guidelines under the 

‘‘help’’ section of the Federal 

eRulemaking Portal Web site. If you 

want us to notify you that we received 

your comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments online. Comments received 

after the comment closing date will be 

included in the docket and will be 

considered to the extent practicable. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Yager, FMCSA Driver and 

Carrier Operations Division; Office of 

Bus and Truck Standards and 

Operations; Telephone: 202–366–4325. 

E-mail: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4007 of the Transportation 

Equity Act for the 21st Century (Pub. L. 

105–178, 112 Stat. 107, 401–404, June 9, 

1998) amended 49 U.S.C. 31315 and 

31136(e) to provide FMCSA with 

authority to grant exemptions from its 

safety regulations. On December 8, 

1998, the Federal Highway 

Administration’s Office of Motor 

Carriers, the predecessor to FMCSA, 

published an interim final rule 

implementing section 4007 (63 FR 

67600). On August 20, 2004, FMCSA 

published a Final Rule (69 FR 51589) on 

this subject. Pursuant to that rule, 

FMCSA must publish a notice of each 

exemption request in the Federal 

Register (49 CFR part 381). The Agency 

must provide the public with an 

opportunity to inspect the information 

relevant to the application, including 

any safety analyses that have been 

conducted (49 CFR 381.315(a)). The 

Agency must also provide an 

opportunity for public comment on the 

request. Id. 

The Agency must then examine the 

safety analyses and the public 

comments, and determine whether the 

exemption would achieve a level of 

safety equivalent to, or greater than, the 

level that would be achieved by 

complying with the current regulation 

(49 CFR 381.305, 381.310(c)(5)). The 

Agency’s decision must be published in 

the Federal Register (49 CFR 

381.315(b)). If the Agency denies the 

request, it must state the reason for 

doing so (49 CFR 381.315(c)(2)). If the 

decision is to grant the exemption, the 

notice must specify the person or class 

of persons receiving the exemption, and 

the regulatory provision or provisions 

from which an exemption is being 

granted (49 CFR 381.315(c)(1)). The 

notice must also specify the effective 

period of the exemption (up to two 

years), and explain the terms and 

conditions of the exemption. Id. The 

exemption may be renewed (49 CFR 

381.300(b)). 

APA’s Independence Day Operations 

and the Exemption from 49 CFR 

395.3(a)(2) 

APA is a trade association that 

represents the domestic fireworks 

industry. Its members have been 

providing fireworks-related services for 

many years. 

The CMV drivers employed by APA 

members transport fireworks over 

relatively short distances from 

distribution points to the sites of 

Independence Day fireworks displays. 

These trips normally take place in the 

early morning when motor vehicle 

traffic is light. APA members’ drivers 

are also trained pyrotechnicians, and at 

the display site, they set up and safetycheck the fireworks. In the late 

afternoon and early evening prior to the 

fireworks event, these drivers have time 

off duty in which to rest or nap. After 

the event, the drivers load the CMV and 

perform additional driving tasks. This 

final movement of the day takes place 

late in the evening on roads relatively 

free of heavy motor vehicle traffic. 

Before beginning the next duty day, 

these drivers must take at least 10 

consecutive hours off-duty, in 

accordance with the HOS rules 

applicable to all drivers of propertycarrying CMVs (49 CFR 395.3(a)). 

In 2003, FMCSA amended its HOS 

rules for CMV drivers (68 FR 22456, 

April 28, 2003), adopting a rule that 

prohibited interstate drivers of propertycarrying CMVs from driving after the 

end of the 14th hour after they came on 

duty following 10 consecutive hours off 

duty (49 CFR 395.3(a)(2)). This 14-hour 

provision impacted the operations of 

APA’s members with respect to the 

services they provide for Independence 

Day celebrations because drivers could 

no longer drive after the 14th hour of 

coming on duty, following 10 

consecutive hours off duty. 

Under the previous HOS rules, drivers 

were not limited by a block of time 

within which all driving had to be 

completed. Driving was prohibited after 

drivers accumulated 15-hours of onduty time (including any driving time) 

but the prohibition against driving was 

not linked to the beginning of the work 

day. Rest breaks or off-duty periods 

during the workday enabled drivers to 

operate their CMVs after the fireworks 

events. However, under the 2003 final 

rule, driving after the 14th hour from 

the beginning of the work day was 

prohibited; rest breaks or off-duty 

periods could no longer be used to 

extend the timeframe during which 

driving could occur. 

Through the exemption process under 

49 CFR part 381, APA requested that 

fireworks personnel be allowed to 

exclude off-duty and sleeper berth time 

of any length in the calculation of the 

14-hour rule. APA believes that full 

compliance with the current HOS 

regulations during the brief period 

surrounding Independence Day would 

impose a substantial economic hardship 

on its members that operate fireworks 

for the public. This period is the busiest 

time of the year for certain APA 

members because the companies are 

hired to conduct multiple fireworks 

shows in celebration of Independence 

Day, during a compressed timeframe. 

Without the exemption, pyrotechnicians 

cannot meet typical holiday schedules, 

and fireworks companies would be 

forced to hire a second driver for most 

trips or, significantly decrease their 

engagements. APA argues both options 

are economically detrimental for its 

members, and would deny many 

Americans the primary component of 

their Independence Day celebration. 

APA first applied for relief from 

§ 395.3(a)(2) for the 2004 Independence 

Day celebrations. FMCSA granted APA 

a waiver on behalf of its members. A 

copy of the 2004 waiver is in the docket 

referenced at the beginning of this 

notice. 

The following year, the APA 

submitted an application for an 

exemption that would cover two 

consecutive Independence Day 

celebrations—2005 and 2006. FMCSA 

published a notice in the Federal 

Register announcing the application 

and seeking public comment on it (70 

FR 24160; May 6, 2005). After the close 

of the comment period, FMCSA 

published a notice of its final decision 

on July 1, 2005. The Agency granted an 

exemption from the 14-hour Provision 

under § 395.3(a)(2)) to designated APAmember motor carriers and their CMV 

drivers for two 9-day periods during the 

2005 and 2006 Independence Day 

holidays, subject to specific terms and 

conditions of the exemption (70 FR 

38242, July 1, 2005). 

On June 28, 2007, FMCSA published 

an exemption applicable to certain APA 

members operating property-carrying 

CMVs in furtherance of fireworks 

displays for two 9-day periods during 

the 2007 and 2008 Independence Day 

holidays (72 FR 35538). And, on June 


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16854 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices 

19, 2009, FMCSA published a notice 

granting a similar exemption to certain 

APA members for two 9-day periods 

during the 2009 and 2010 Independence 

Days (74 FR 29264). 

In each case, FMCSA found that the 

terms and conditions of the exemption 

would ensure that APA members’ 

operations were likely to achieve a level 

of safety equivalent to, or greater than, 

the level of safety the operations would 

obtain in the absence of the exemption. 

Annually, the exemption has 

permitted approximately 3,000 CMV 

drivers employed by APA members to 

exclude off-duty and sleeper-berth time 

of any length from their calculations of 

compliance with the 14-hour provision 

following 10 consecutive hours off duty. 

For all operations not subject to the 

exemption, the drivers and motor 

carriers remain subject to the 11-hour 

driving time limit, the 60-hour (or 70- 

hour) on-duty limit, and all other HOS 

rules. The exemption from 49 CFR 

395.3(a)(2) has been limited to a roster 

of APA-member motor carriers, and to a 

period of 9 consecutive days each year. 

During these 9 days, driving outside of 

the 14-hour driving window would be 

allowed, provided the driver did not 

operate CMVs after accumulating 14 

hours on duty. 

Advocates for Highway and Auto Safety 

(Advocates) June 5, 2009, Comments 

During the exemption renewal 

process in 2009, FMCSA’s June 19, 

2009, notice did not acknowledge or 

respond to comments submitted by 

Advocates. Although Advocates timely 

filed its comments on June 5, 2009, 

prior to the June 8, 2009, deadline for 

responding to the Agency’s May 22, 

2009, notices (74 FR 24066 and 74 FR 

24069) those comments were not 

available at http://www.regulations.gov, 

the web site at which docket comments 

are posted, until June 10, 2009. By the 

time the personnel responsible for 

managing this web site for all Federal 

regulatory matters had posted 

Advocates’ comments to the electronic 

docket, FMCSA staff had prepared its 

draft notice of final disposition and 

submitted it to FMCSA’s senior 

leadership for approval. The notice of 

final disposition was subsequently 

issued on June 12, 2009, and published 

on June 19, 2009. 

FMCSA reviews all public comments 

as of the filing deadline for purposes of 

analyzing comments. However, as in 

this case, because of the time constraints 

for issuing a decision in time for the 

2009 Independence Day Celebration, 

there was no review of Advocates’ 

comments posted at http:// 

www.regulations.gov two days after the 

deadline. In consideration of the 

administrative delay in the posting of 

Advocates’ comments to the public 

docket, FMCSA now requests public 

comment on the safety impact of the 

exemption prior to consideration of any 

subsequent requests for renewal of the 

exemption. 

Interested parties may view the APA 

applications for the exemptions and the 

exemption renewals, the public 

comments the Agency received, 

including the Advocates comments 

dated June 5, 2009, and FMCSA’s 

Federal Register notices by following 

the instructions under the heading 

‘‘Docket’’ above: For the 2005 

exemption, please refer to Docket 

FMCSA–2005–21104, and for the 2007 

and 2009 exemptions, refer to Dockets 

FMCSA–2007–28090 and FMCSA– 

2007–28043, respectively. 

Request for Comments 

FMCSA requests public comment 

from all interested parties on the impact 

the exemptions have had on the safety 

performance of the drivers and carriers 

covered by the exemption. Interested 

parties are encouraged to submit any 

information concerning crashes and any 

fatalities, injuries and property damage 

associated with those crashes that 

occurred during the periods the 

exemptions were in place. FMCSA will 

review all comments received and 

consider them in the decision-making 

process should the APA apply for a 

renewal of the exemption. 

Issued on: March 21, 2011. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2011–7009 Filed 3–24–11; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Notice of Meeting of the Transit Rail 

Advisory Committee for Safety 

(TRACS) 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of meeting. 

SUMMARY: This notice announces a 

public meeting of the Transit Rail 

Advisory Committee for Safety 

(TRACS). TRACS is a Federal Advisory 

Committee established by the Secretary 

of Transportation in accordance with 

the Federal Advisory Committee Act to 

provide information, advice, and 

recommendations to the Secretary and 

the Federal Transit Administrator on 

matters relating to the safety of public 

transportation systems. 

DATES: The TRACS meeting will be held 

on April 27, 2011, from 9 a.m. to 5 p.m., 

and April 28, 2011, from 8 a.m. to 12 

p.m. 

ADDRESSES: The meeting will be held at 

the Four Points by Sheraton Hotel, 1201 

K Street, NW., Washington DC. 

FOR FURTHER INFORMATION CONTACT: Iyon 

Rosario, Office of Safety and Security, 

Federal Transit Administration, Room 

E43–434, 1200 New Jersey Avenue, SE., 

Washington, DC, 20590, 202–366–2010; 

TRACS@dot.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is provided in accordance with 

the Federal Advisory Committee Act 

(Pub. L. 92–463, 5 U.S.C. App. 2). As 

noted above, TRACS is a Federal 

Advisory Committee established to 

provide information, advice, and 

recommendations to the Secretary of 

Transportation and the Administrator of 

the Federal Transit Administration on 

matters relating to the safety of public 

transportation systems. TRACS is 

composed of 21 members representing a 

broad base of expertise necessary to 

discharge its responsibilities. The first 

meeting of TRACS was held on 

September 9–10, 2010. The tentative 

agenda for the second meeting of 

TRACS (being held April 27–28, 2011), 

is set forth below: 

Agenda 

April 27–28, 2011 

(1) Opening Remarks 

(2) Safety Briefing 

(3) Discussion of Working Group 01 and 

Working Group 02 Draft Letter 

Reports 

(4) Review of New Task Statement 

(5) Public Comment 

(6) Closing Remarks 

This meeting will be open to the 

public. Members of the public who wish 

to make an oral statement at the meeting 

or are seeking special accommodations, 

are directed to make a request to Iyon 

Rosario, Office of Safety and Security, 

FTA; (202) 366–2010; or at 

TRACS@dot.gov on or before the close 

of business on April 20, 2011. 

Provisions will be made to include oral 

statements on the agenda. Members of 

the public may submit written 

comments or suggestions concerning the 

activities of TRACS at any time before 

or after the meeting at TRACS@dot.gov; 

or to U.S. Department of Transportation, 

Federal Transit Administration, Office 

of Safety and Security, Room E43–435, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, Attention: Iyon 

Rosario. Information from the meeting 


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