[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18690-18693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07906]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]


Hours of Service (HOS) of Drivers; Application for Renewal and 
Expansion of American Pyrotechnics Association (APA) Exemption From the 
14-Hour Rule During Independence Day Celebrations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for renewal and expansion of exemption; 
request for comments.

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SUMMARY: The American Pyrotechnics Association (APA) has requested a 
renewal for 50 APA member-companies of its exemption from FMCSA's 
regulation prohibiting drivers of commercial motor vehicles (CMVs) from 
driving after the 14th hour after coming on duty, and the expansion of 
its exemption to 5 additional carriers. The exemption would apply 
solely to the operation of CMVs by these 55 APA-member companies in 
conjunction with staging fireworks shows celebrating Independence Day 
during the periods June 28-July 8, 2015, and June 28-July 8, 2016, 
inclusive. During these two periods, approximately 3,200 CMVs and 
drivers employed by these companies would be allowed to exclude off-
duty and sleeper-berth time of any length from the calculation of the 
14-hour driving window. These drivers would not be allowed to drive 
after accumulating a total of 14 hours of on-duty time, following 10 
consecutive hours off duty, and would continue to be subject to the 11-
hour driving time limit, and the 60- and 70-hour on-duty limits.

[[Page 18691]]


DATES: If granted, this exemption would be effective during the periods 
of June 28, 2015, through July 8, 2015, inclusive, and June 28, 2016, 
through July 8, 2016, inclusive. The exemption would expire on July 8, 
2016 at 11:59 p.m. Comments must be received on or before May 7, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2007-28043 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> 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.
    <bullet> Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., ET, Monday through Friday, except Federal Holidays.
    <bullet> 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 online Federal document management system 
is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments on-line.
    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: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: <a href="/cdn-cgi/l/email-protection#f9b4baa9aabdb99d968dd79e968f"><span class="__cf_email__" data-cfemail="cb86889b988f8bafa4bfe5aca4bd">[email protected]</span></a>. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

APA Application for Exemption

    The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a 
property-carrying CMV driver from driving after the 14th hour after 
coming on duty following 10 consecutive hours off duty. Under 49 U.S.C. 
31315 and 31136(e), FMCSA may grant an exemption from the HOS 
requirements in 49 CFR 395.3(a)(2) for a period of up to 2 years 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. The procedures for requesting an exemption (including 
renewals) are prescribed in 49 CFR part 381.
    The APA, a trade association representing the domestic fireworks 
industry, was previously granted an exemption for 50 of the 55 APA 
member-companies during the Independence Day periods in 2013 and 2014. 
The APA held similar 2-year exemptions during Independence Day periods 
from 2005 through 2014. The 2013-2014 exemption expired on July 9, 
2014. Like the other 50 member-companies that operated under the 2013-
2015 exemption, the 5 additional member-companies would be subject to 
all of the terms and conditions of the exemption.
    The initial APA exemption application for relief from the 14-hour 
rule was submitted in 2004; a copy of the application is in the docket. 
That application fully describes the nature of the pyrotechnic 
operations of the CMV drivers employed by APA member-companies during a 
typical Independence Day period.
    As stated in APA's 2004 request, the CMV drivers employed by APA 
member-companies are trained pyro-technicians who hold commercial 
driver's licenses (CDLs) with hazardous materials (HM) endorsements. 
They transport fireworks and related equipment by CMVs on a very 
demanding schedule during a brief Independence Day period, often to 
remote locations. After they arrive, the drivers are responsible for 
set-up and staging of the fireworks shows.
    The APA states that it is seeking an HOS exemption for the 2015 and 
2016 Independence Day periods because compliance with the current 14-
hour rule in 49 CFR 395.3(a)(2) by its members would impose a 
substantial economic hardship on numerous cities, towns and 
municipalities, as well as its member-companies. To meet the demand for 
fireworks under the current HOS rules, APA states that its member-
companies would be required to hire a second driver for most trips. The 
APA advises that the result would be a substantial increase in the cost 
of the fireworks shows--beyond the means of many of its members' 
customers--and that many Americans would be denied this important 
component of the celebration of Independence Day. The 55 APA-member 
companies within the scope of this exemption request are listed in an 
appendix to this notice. A copy of the request for the exemption is 
included in the docket referenced at the beginning of this notice.

Method To Ensure an Equivalent or Greater Level of Safety

    The APA believes that renewal of the exemption will not adversely 
affect the safety of the fireworks transportation provided by these 
motor carriers. According to APA, its member-companies have operated 
under this exemption for 10 previous Independence Day periods without a 
reported motor carrier safety incident. Moreover, it asserts, without 
the extra time provided by the exemption, safety would decline because 
APA drivers would be unable to return to their home base after each 
show. They would be forced to park the CMVs carrying HM 1.1G, 1.3G and 
1.4G products in areas less secure than the motor carrier's home base. 
As a condition of holding the exemption, each motor carrier would be 
required to notify FMCSA within 5 business days of any accident (as 
defined in 49 CFR 390.5) involving the operation of any its CMVs while 
under this exemption. To date, FMCSA has received no accident 
notifications, nor is the Agency aware of any accidents reportable 
under terms of the prior APA exemptions.
    In its exemption request, APA asserts that the operational demands 
of this unique industry minimize the risks of CMV crashes. In the last 
few days before the Independence Day holiday, these drivers transport 
fireworks over relatively short routes from distribution points to the 
site of the fireworks display, and normally do so in the early morning 
when traffic is light. At the site, they spend considerable time 
installing, wiring, and safety-checking the fireworks displays, 
followed by several hours off duty in the late afternoon and early 
evening prior to the event. During this time, the drivers are able to 
rest and nap, thereby reducing or eliminating the fatigue accumulated 
during the day. Before beginning

[[Page 18692]]

another duty day, these drivers must take 10 consecutive hours off 
duty, the same as other CMV drivers.

Terms and Conditions of the Exemption

Period of the Exemption

    The requested exemption from the requirements of 49 CFR 395.3(a)(2) 
is proposed to be effective June 28 through July 8, 2015, inclusive, 
and from June 28 through July 8, 2016, inclusive. The exemption would 
expire on July 8, 2016, at 11:59 p.m. local time.

Extent of the Exemption

    This exemption would be restricted to drivers employed by the 55 
motor carriers listed in the appendix to this notice. The drivers would 
be given a limited exemption from the requirements of 49 CFR 
395.3(a)(2). This regulation prohibits a driver from driving a CMV 
after the 14th hour after coming on duty and does not permit off-duty 
periods to extend the 14-hour limit. Drivers covered by this exemption 
would be able to exclude off-duty and sleeper-berth time of any length 
from the calculation of the 14-hour limit. This exemption would be 
contingent on each driver driving no more than 11 hours in the 14-hour 
period after coming on duty, as extended by any off-duty or sleeper-
berth time in accordance with this exception. The exemption would be 
further contingent on each driver having a full 10 consecutive hours 
off duty following 14 hours on duty prior to beginning a new driving 
period. The carriers and drivers must comply with all other 
requirements of the Federal Motor Carrier Safety Regulations (49 CFR 
parts 350-399) and Hazardous Materials Regulations (49 CFR parts 105-
180).

Preemption

    During the periods the exemption would be in effect, no State would 
be allowed to enforce any law or regulation that conflicted with or 
with inconsistent with this exemption with respect to a person or 
entity operating under the exemption (49 U.S.C. 31315(d)).

FMCSA Notification

    Exempt motor carriers would be required to notify FMCSA within 5 
business days of any accidents (as defined by 49 CFR 390.5) involving 
the operation of any of their CMVs while under this exemption. The 
notification must include the following information:
    a. Date of the accident,
    b. City or town, and State, in which the accident occurred, or 
which is closest to the scene of the accident,
    c. Driver's name and driver's license number,
    d. Vehicle number and State license number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws, 
or motor carrier safety regulations, and
    i. The total driving time and the total on-duty time of the CMV 
driver at the time of the accident.

Termination

    The FMCSA does not believe the motor carriers and drivers covered 
by this exemption, if granted, would experience any deterioration of 
their safety record. However, should this occur, FMCSA would take all 
steps necessary to protect the public interest, including revocation of 
the exemption. The FMCSA will immediately revoke the exemption for 
failure to comply with its terms and conditions. Exempt motor carriers 
and drivers would be subject to FMCSA monitoring while operating under 
this exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comments on the APA's requested exemption from the 
requirements of 49 CFR 395.3(a)(2). The FMCSA will review all comments 
received and determine whether approval of the exemption is consistent 
with the requirements of 49 U.S.C. 31315.

    Issued on: April 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.

 Appendix to Notice of Application for Renewal of American Pyrotechnics
  Association (APA) Exemption From the 14-Hour HOS Rule During 2015 and
        2016 Independence Day Celebrations for 50 Motor Carriers
------------------------------------------------------------------------
                                           City, state, zip
         Motor carrier    Street address         code          DOT No.
------------------------------------------------------------------------
   1   American          7041 Darrow Road  Hudson, OH 44236       103972
        Fireworks
        Company.
   2   American          P.O. Box 980....  Oxford, NY 13830      2115608
        Fireworks
        Display, LLC.
   3   AM Pyrotechnics,  2429 East 535th   Buffalo, MO           1034961
        LLC.              Rd.               65622.
   4   Atlas PyroVision  136 Old Sharon    Jaffrey, NH            789777
        Entertainment     Rd.               03452.
        Group, Inc.
   5   Central States    18034 Kincaid     Athens, IL 62613      1022659
        Fireworks, Inc.   Street.
   6   Colonial          5225 Telegraph    Toledo, OH 43612       177274
        Fireworks         Road.
        Company.
   7   East Coast        4652 Catawba      Catawba, SC            545033
        Pyrotechnics,     River Rd.         29704.
        Inc.
   8   Entertainment     13313 Reeder      Tenino, WA 98589       680942
        Fireworks, Inc.   Road SW.
   9   Falcon Fireworks  3411 Courthouse   Guyton, GA 31312      1037954
                          Road.
  10   Fireworks &       12650 Hwy 67S.    Lakeside, CA           908304
        Stage FX          Suite B.          92040.
        America.
  11   Fireworks by      20 Pinehurst      Bellport, NY           324490
        Grucci, Inc.      Drive.            11713.
  12   J&J Computing     174 Route 17      Rochelle Park,        2064141
        dba Fireworks     North.            NJ 07662.
        Extravaganza.
  13   Fireworks West    910 North 3200    Logan, UT 84321.       245423
        Internationale.   West.
  14   Garden State      383 Carlton Road  Millington, NJ         435878
        Fireworks, Inc.                     07946.
  15   Gateway           P.O. Box 39327..  St Louis, MO          1325301
        Fireworks                           63139.
        Displays.
  16   Great Lakes       24805 Marine....  Eastpointe, MI        1011216
        Fireworks.                          48021.
  17   Hamburg           2240 Horns Mill   Lancaster, OH...       395079
        Fireworks         Road SE.
        Display, Inc.
  18   Hawaii            17-7850 N.        Mountain View,        1375918
        Explosives &      Kulani Road.      HI 96771.
        Pyrotechnics,
        Inc.
  19   Hi-Tech FX, LLC.  18060 170th Ave.  Yarmouth, IA          1549055
                                            52660.
  20   Hollywood         1567 Antler       Eagan, MN 55122.      1061068
        Pyrotechnics,     Point.
        Inc.
  21   Homeland          P.O. Box 7......  Jamieson, OR          1377525
        Fireworks, Inc.                     97909.
  22   Island Fireworks  N1597 County Rd   Hager City, WI         414583
        Co., Inc.         VV.               54014.
  23   J&M Displays,     18064 170th Ave.  Yarmouth, IA           377461
        Inc.                                52660.
  24   Lantis            130 Sodrac Dr.,   N. Sioux City,         534052
        Fireworks, Inc.   Box 229.          SD 57049.
  25   Legion Fireworks  10 Legion Lane..  Wappingers             554391
        Co., Inc.                           Falls, NY 12590.
  26   Miand Inc. dba    P.O. Box 294,     Kingsbury, IN          777176
        Planet            3999 Hupp Road    46345.
        Productions       R31.
        (Mad Bomber).

[[Page 18693]]

 
  27   Martin & Ware     P.O. Box 322....  Hallowell, ME          734974
        Inc. dba Pyro                       04347.
        City Maine &
        Central Maine
        Pyrotechnics.
  28   Melrose           1 Kinsgubury      Kingsbury, IN          434586
        Pyrotechnics,     Industrial Park.  46345.
        Inc.
  29   Precocious        4420-278th Ave    Belgrade, MN           435931
        Pyrotechnics,     NW.               56312.
        Inc.
  30   Pyro Engineering  400 Broadhollow   Farmindale, NY         530262
        Inc., dba/Bay     Rd. Ste #3.       11735.
        Fireworks.
  31   Pyro Shows Inc..  P.O. Box 1776...  LaFollette, TN         456818
                                            37766.
  32   Pyro              3196 N Locust     Rialto, CA 92376       029329
        Spectacluars,     Ave.
        Inc.
  33   Pyro              5301 Lang Avenue  McClellan, CA         1671438
        Spectaculars                        95652.
        North, Inc.
  34   Pyrotechnic       8450 W. St.       Frankfort, IL         1929883
        Display, Inc.     Francis Rd.       60423.
  35   Pyrotecnico (S.   302 Wilson Rd...  New Castle, PA         526749
        Vitale                              16105.
        Pyrotechnic
        Industries,
        Inc.).
  36   Pyrotecnico, LLC  60 West Ct......  Mandeville, LA         548303
                                            70471.
  37   Pyrotecnico FX..  6965 Speedway     Las Vegas, NV         1610728
                          Blvd. Suite 115.  89115.
  38   Rainbow           76 Plum Ave.....  Inman, KS 67546.      1139643
        Fireworks, Inc.
  39   RES Specialty     21595 286th St..  Belle Plaine, MN       523981
        Pyrotechnics.                       56011.
  40   Rozzi's Famous    11605 North       Loveland, OH          0483686
        Fireworks, Inc.   Lebanon Rd.       45140.
  41   Skyworks, Ltd...  13513 W. Carrier  Carrier, OK           1421047
                          Rd.               73727.
  42   Spielbauer        220 Roselawn      Green Bay, WI          046479
        Fireworks Co,     Blvd.             54301.
        Inc.
  43   Starfire          682 Cole Road...  Carrolltown, PA        554645
        Corporation.                        15722.
  44   Vermont           2235 Vermont      East Montpelier,       310632
        Fireworks Co.,    Route 14 South.   VT 05651.
        Inc./Northstar
        Fireworks Co.,
        Inc.
  45   Western Display   10946 S. New Era  Canby, OR 97013.       498941
        Fireworks, Ltd.   Rd.
  46   Western           P.O. Box 160....  Carrier, OK            203517
        Enterprises,                        73727.
        Inc.
  47   Western           14592 Ottaway     Aurora, OR 97002       838585
        Fireworks, Inc.   Road NE.
  48   Wolverine         205 W Seidlers..  Kawkawlin, MI...       376857
        Fireworks
        Display, Inc.
  49   Young Explosives  P.O. Box 18653..  Rochester, NY          450304
        Corp..                              14618.
  50   Zambelli          P.O. Box 1463...  New Castle, PA         033167
        Fireworks MFG,                      16103.
        Co., Inc.
------------------------------------------------------------------------


 Appendix to Notice of Application for Renewal of American Pyrotechnics
  Association Exemption From the 14-Hour HOS Rule During 2015 and 2016
    Independence Day Celebrations for 5 Motor Carriers Not Previously
                                Exempted
------------------------------------------------------------------------
                                           City, state, zip
         Motor carrier    Street address         code          DOT No.
------------------------------------------------------------------------
   1   Pyro Shows of     6601 9 Mile Azle  Fort Worth, TX        2432196
        Texas, Inc.       Rd.               76135.
   2   Sorgi American    935 Wales Ridge   Wales, MI 48027.      2475727
        Fireworks         Rd.
        Michigan, LLC.
   3   Spirit of 76....  6401 West Hwy 40  Columbia, MO          2138948
                                            65202.
   4   USA Halloween     7800 Record       Indianapolis, IN       725457
        Planet Inc. dba   Street, Suite A.  46226.
        USA Fireworks.
   5   Arthur Rozzi      6607 Red Hawk Ct  Maineville, OH        2008107
        Pyrotechnics.                       45039.
------------------------------------------------------------------------

[FR Doc. 2015-07906 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 4910-EX-P


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