[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Proposed Rules]
[Pages 24820-24822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11469]



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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 383

[FHWA Docket No. MC-95-16]


Commercial Driver's License; Waiver for Pyrotechnics Industry; 
Request for Comments

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of petition; request for comment.

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SUMMARY: The FHWA is requesting public comment on a petition submitted 
by the pyrotechnics industry on March 6, 1995, for relief from the 
requirements of the commercial driver's license regulations (CDL) (49 
CFR Part 383). The FHWA is proposing to authorize waivers for certain 
drivers transporting fireworks to displays during the period of 
Independence Day celebrations from the CDL testing and licensing 
standards. The drivers to be covered by these waivers are part-time 
drivers who have an otherwise valid driver's license, as well as 
licenses or permits issued by applicable State or local agencies 
certifying that they are approved pyrotechnic operators. A waiver 
issued by a State under this proposal would only authorize the 
transportation of less than 500 pounds of fireworks classified as DOT 
Class 1.3G explosives, from June 30 through July 6 of each year, 
provided that the vehicles operated have gross vehicle weight ratings 
(GVWR) of less than 10,001 pounds and are operated within 300 miles of 
the sites of origin. The FHWA requests public comment on whether, if 
granted, the proposed grant of waiver authority would be contrary to 
the public interest or diminish the safe operation of commercial motor 
vehicles.

DATES: Comments must be received on or before June 9, 1995.

ADDRESSES: All signed, written comments should refer to the docket 
number that appears at the top of this document and should be submitted 
to the Federal Highway Administration, Room 4232, Office of Chief 
Counsel, HCC-10, 400 Seventh Street SW., Washington, DC 20590-0001.
All comments received will be available for examination at the above 
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday, 
except Federal holidays. Commenters who want to be notified that the 
FHWA received their comments should include a self-addressed, 
stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Office of Motor 
Carrier Standards, (202) 366-4001, or Mr. Raymond W. Cuprill, Office of 
the Chief Counsel, HCC-20, (202) 366-0834, Federal Highway 
Administration, Department of Transportation, 400 Seventh Street, SW., 
Washington, DC 20590-0001. Office hours are from 7:45 a.m. to 4:15 
p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The Commercial Driver's License (CDL) regulations, issued pursuant 
to the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Pub. L. 
99-570, 100 Stat. 3207, 3207-170) (49 U.S.C. 31502), are found at 49 
CFR Part 383 (1994). Section 383.23 of the regulations sets forth the 
general rule that no person shall operate a commercial motor vehicle 
(CMV) unless such person: (1) Has taken and passed a knowledge test 
and, if applicable, a driving test, which meets Federal standards, and 
(2) possesses a CDL, which is evidence of having passed the required 
tests. These Federal standards ensure that drivers of a CMV: (1) Have a 
single driver's license and a single driving record, (2) are tested for 
the knowledge and skills needed to drive a vehicle representative of 
the vehicle that they will be licensed to drive, and (3) are 
disqualified from driving a CMV when convicted of certain criminal or 
traffic violations. Drivers operating commercial motor vehicles that 
haul hazardous materials are also required to take and pass specialized 
tests for specific endorsements to their licenses.
    The term ``commercial motor vehicle'' is defined to include, a 
motor vehicle:
    (1) With a gross combination weight rating of 26,001 or more pounds 
inclusive of a towed unit with a GVWR of more than 10,000 pounds; or
    (2) With a GVWR of 26,001 or more pounds; or
    (3) Designed to transport 16 or more passengers, including the 
driver; or
    (4) Used in the transportation of quantities of hazardous materials 
which require the vehicle to be placarded under the Hazardous Materials 
Transportation Regulations (49 CFR part 172, subpart F). 49 CFR 383.5 
(1994). [[Page 24821]] 

CDL Waivers

    Section 12013 of the Commercial Motor Vehicle Safety Act of 1986 
(the Act) authorizes the Secretary of Transportation to waive any class 
of drivers or vehicles from any or all of the provisions of the Act or 
the implementing regulations if the Secretary determines that the 
waiver is not contrary to the public interest and does not diminish the 
safe operation of commercial motor vehicles. The regulatory procedures 
governing the issuance of waivers are found at 49 CFR 383.7 (1994).
    The FHWA has granted a CDL waiver to military personnel operating 
military vehicles and has authorized the States to waive certain 
farmers, firefighters and operators of emergency equipment in 
implementing the CDL regulations. See 53 FR 37313, September 26, 1988. 
In addition, the agency also authorized the States to waive, at their 
option, employees of farm-related service industries (custom 
harvesters, retail outlets and suppliers, agri-chemical businesses, and 
livestock feeders) from the CDL knowledge and skill testing 
requirements, and issue these employees restricted CDLs for a seasonal 
period or periods not to exceed a total of 180 days in any 12-month 
period, subject to certain conditions. See 57 FR 13650, April 17, 1992.

Petition

    The American Pyrotechnics Association, a non-profit group 
representing the pyrotechnics industry, has petitioned the FHWA to 
reconsider its previous determinations,<SUP>1 and grant a CDL waiver to 
part-time drivers involved in fireworks displays. Petitioner asserts 
that the requested waiver would only be available to part-time 
employees who drive small vehicles containing limited quantities of 
fireworks over short distances within a period of seven days. All 
permanent fireworks employees have obtained CDLs as part of their job 
requirements. Moreover, all part-time employees falling within this 
proposed waiver would be required to complete fireworks-specific 
training pursuant to 49 CFR 172.700 et seq.

    \1\The FHWA had denied a petition for a CDL waiver filed by the 
American Pyrotechnics Association. In the Matter of American 
Pyrotechnics Association, Petition No. 91-03, May 3, 1991. See also, 
Administrator Larson's letter dated July 5, 1991, denying the 
American Pyrotechnics Association's request for reconsideration.
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    Petitioner argues that the waiver is necessary because, since 
implementation of the CDL rule in 1992, the fireworks industry has 
faced serious problems in delivering small fireworks displays to 
customers located in remote areas. In order to respond to thousands of 
requests by Fourth of July celebrants, such as small townships, the 
companies must rely on part-time drivers who not only drive to the 
display sites, but also handle and discharge the fireworks. Most such 
technicians work full-time at other jobs, but return each year to the 
fireworks industry because of their interest in fireworks displays and 
the opportunity to earn extra money. Petitioner claims that these 
individuals would not go through the trouble and expense of obtaining a 
CDL, which would require preparation for irrelevant endorsement 
examinations that cover all hazardous materials, in part because they 
do not receive sufficient compensation to make the effort worthwhile. 
Moreover, these are not professional commercial drivers transporting 
hazardous materials, but persons who derive their livelihood from other 
professions, typically school teachers, and are involved in the 
fireworks business for several days every year. Due to the extensive 
use of such seasonal employees by the fireworks industry to meet the 
peak demands of the Fourth of July season, Petitioner asserts that the 
proposed waiver would alleviate the need for those employees to obtain 
a CDL, while still requiring that they meet extensive Federal safety 
and local licensing requirements specific to the transport and handling 
of fireworks.
    In addition, the transportation of fireworks for displays in small 
communities is provided by vehicles, generally having a GVWR of less 
than 10,001 pounds, for which a CDL would not be required but for the 
hazardous nature of the cargo. The vehicles are largely pickup trucks 
and vans for which no special vehicle operation skills are required. 
Consequently, the Petitioner has narrowed the waiver request to include 
only the following:
    1. Part-time drivers, to be defined as drivers over 21 years of age 
working no more than seven days per year in the pyrotechnics industry;
    2. Drivers must be operating under the appropriate license or 
approval as a pyrotechnic operator issued by State or local authority 
having jurisdiction in accordance with State fireworks law;
    3. Drivers will operate within a 300 mile radius of the driver's 
work reporting location;
    4. Vehicles must have a GVWR less than 10,001 pounds;
    5. Vehicles must be carrying 500 or less pounds of Class 1.3G 
explosives;
    6. Driver must carry documentation certifying that he/she has 
received fireworks-specific transportation safety training required 
under 49 CFR Part 172, subpart H; and
    7. Driver must carry a certificate indicating that his/her driving 
record has been investigated by the fireworks company offering the 
fireworks for transportation, and the driver has not been found guilty 
of a ``serious traffic violation'' as defined in 49 CFR Part 383 during 
the preceding 12 months.
    Copies of this and previous petitions filed by the American 
Pyrotechnics Association and other members of the pyrotechnics industry 
are being included in the docket established by this notice and may be 
examined by the public.

Proposed Waiver

    In order to provide relief to the pyrotechnics industry, the FHWA 
is proposing to authorize limited waivers to be granted by States, at 
their discretion, from the CDL testing and licensing standards, without 
jeopardizing Federal funds. These waivers could be granted to certain 
part-time drivers involved in the transportation of fireworks to 
pyrotechnic display sites, and would relieve those drivers from the 
requirement to obtain a hazardous materials endorsement and 
consequently from any requirement to obtain a CDL.
    The proposed waiver authority would be subject to the following 
conditions:
    (1) Drivers covered--Applicants must be 21 years of age and hold a 
valid operator's license, and drive solely on a part-time basis for the 
pyrotechnics industry. The term ``part-time driver'' as used herein, 
refers to drivers working for the pyrotechnics industry for no more 
than 7 consecutive days per year (June 30 through July 6) and involved 
in the transportation of fireworks to be used in pyrotechnics displays. 
Applicants must also hold a State or local permit or license issued by 
State or local authority having jurisdiction in accordance with State 
fireworks law and must carry documentation certifying that he/she has 
received fireworks-specific transportation safety training pursuant to 
49 CFR 172.700 et seq. The State or local permit or license and the 
certificate of training will substitute for an otherwise required CDL 
during the period of the waiver, in order to allow State enforcement of 
the CDL requirements.
    (2) Duration--Waivers from the CDL requirements would only be valid 
for the period from June 30 through July 6.
    (3) Materials--Waivers would authorize the transportation of only 
500 or less pounds of fireworks classified as DOT Class 1.3G 
explosives. [[Page 24822]] 
    (4) Vehicles--Waivers would be limited to the operation of Group C 
vehicles, as defined in 49 CFR 383.91, provided that the vehicle 
operated has a GVWR of less than 10,001 pounds.
    (5) Area--Waivers would be granted to operate the vehicles 
described above within a 300-mile radius from the driver's work 
reporting location. Neighboring States may recognize such waivers 
provided the driver and the vehicle are operating within the 300-mile 
radius.
    (6) Convictions--Waivers would only be granted to drivers who have 
not been convicted of a ``serious traffic violation'' as defined in 49 
CFR 383.5, in any type of motor vehicle during the preceding 12 month 
period.
    The Petitioner claims that the conditions and restrictions imposed 
on the grant of waiver authority will ensure that the safe operation of 
CMVs is not diminished. Drivers participating in the waiver program 
would be part-time non-professional drivers, operating vehicles that 
would not be considered CMVs except for the nature of the cargo. These 
drivers would be required to have a good driving record and would be 
licensed, knowledgeable and trained in the handling of the hazardous 
materials to be carried. It also appears that the waiver restrictions 
related to driver documentation, duration, and area of operation 
(mileage) will ensure that implementation, regulation and enforcement 
of the waivers' requirements by the States is not unduly burdensome. 
Moreover, the final decision on whether to implement a waiver program 
will rest with the States.

Request for Public Comment

    The FHWA is requesting specific views, information, and data that 
it should consider when determining whether or not the proposed waiver 
would be contrary to the public interest or would diminish the safe 
operation of CMVs. Commenters are strongly encouraged to provide any 
additional facts or views pertaining to the proposed waiver.

(Title XII of Pub. L. 99-570, 100 Stat. 3207-170; 49 U.S.C. 31502; 
49 U.S.C. 31136; 49 CFR 1.48; 49 CFR 383.7; 23 U.S.C. 315)

    Issued on: May 4, 1995.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 95-11469 Filed 5-9-95; 8:45 am]
BILLING CODE 4910-22-P