[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34834-34838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13892]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0052]


Hours of Service (HOS) of Drivers; Application for Renewal of 
American Pyrotechnics Association Exemptions From the 14-Hour Rule and 
the Electronic Logging Device Rule During Independence Day Celebrations

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

ACTION: Notice of final disposition; grant of exemptions.

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SUMMARY: FMCSA announces its decision to grant, in part, the 
application of the American Pyrotechnics Association (APA) for renewal 
of exemptions from certain hours of service (HOS) regulations that 
expired on July 8, 2020. The request is being made on behalf of 60 APA 
member companies. The exemptions will allow drivers for these companies 
to exclude off-duty and sleeper berth time of any length from the 
calculation of the 14-hour limit and to use paper records of duty 
status (RODS) in lieu of electronic logging devices (ELD) during the 
2021 Independence Day period. FMCSA has analyzed the application for 
exemptions and the public comments and has determined that the 
exemptions, subject to the terms and conditions imposed, will likely 
achieve a level of safety that is equivalent to, or greater than, the 
level that would be achieved absent such exemptions.

DATES: These exemptions are effective June 28 through July 8, 2021.
    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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets 
operations.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; (202) 366-4225; <a href="/cdn-cgi/l/email-protection#a8e5ebf8fbece8ccc7dc86cfc7de"><span class="__cf_email__" data-cfemail="bdf0feedeef9fdd9d2c993dad2cb">[email protected]</span></a>. If you have questions 
on viewing or submitting material to the docket, contact Dockets 
Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2021-0052'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2021-0052'' in the keyword box, click ``Search,'' and chose the 
document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets Operations 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., ET, Monday through Friday, except 
Federal holidays. To be sure someone is there to help you, please call 
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain Federal Motor Carrier Safety Regulations. 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 (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

[[Page 34835]]

III. Background

Current Regulatory Requirements

    The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a 
property-carrying commercial motor vehicle (CMV) from driving after the 
14th hour after coming on duty following 10 consecutive hours off duty. 
Drivers required to prepare RODS must do so using ELDs. However, under 
49 CFR 395.8(a)(1)(iii)(1), a motor carrier may allow its drivers to 
record their duty status manually, rather than use an ELD, if the 
driver is operating a CMV ``[i]n a manner requiring completion of a 
record of duty status on not more than 8 days within any 30-day 
period.''

Applicant's Requests

    APA requests temporary relief from both provisions discussed above 
because employees for its member companies need to drive CMVs after the 
end of the 14-hour period and because the proposed exemption period 
from June 28 through July 8 is 11 days long, which exceeds the 
exception from the ELD requirement (up to 8 days in a 30 consecutive-
day period). APA explains that without the extra time each day provided 
by the exemption from the 14-hour rule, 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. 
Without the exemption from the ELD rule, these companies would be 
required to purchase/lease ELD systems for a limited period of 11 days.
    APA requests renewal of its HOS exemptions from the 14-hour rule 
for 58 of 61 member-companies included in the 2016 through 2020 waivers 
or exemptions and from the ELD rule for the same member companies 
included in the 2019 through 2020 waivers or exemptions. The HOS 
exemptions or waivers for 61 of its members expired on July 8, 2020. 
The current applications cover 58 members that previously held 
exemptions and 2 additional member companies not previously covered by 
the exemptions. APA has removed 3 member companies previously included 
in the 14-hour and ELD relief from the list, leaving 60 of its member 
companies applying for exemptions from the 14-hour rule and the ELD 
rule. Copies of the 2021 requests are included in the docket referenced 
at the beginning of this notice.
    Various APA members have held waivers or exemptions during 
Independence Day periods from 2005 through 2014. On May 9, 2016, the 
current exemption for APA members was extended to July 8, 2020, 
pursuant to section 5206(b)(2)(A) of the Fixing America's Surface 
Transportation (FAST) Act. Copies of the initial request for an 
exemption from the 14-hour rule, subsequent renewal requests, and all 
public comments received may be reviewed at www.regulations.gov under 
docket numbers FMCSA-2005-21104 and FMCSA-2007-28043.
    FMCSA granted APA's application for relief from the ELD rule on 
February 19, 2019, covering the Independence Day celebrations for 2019 
and 2020. A copy of that request and the public comments received are 
located at www.regulations.gov under docket number FMCSA-2018-0140.

V. Method To Ensure an Equivalent or Greater Level of Safety

    APA believes an equivalent level of safety will be achieved because 
the fireworks are transported over relatively short routes from 
distribution points to the site of the fireworks display, and normally 
in the morning when traffic is light. APA also believes that fatigued 
driving is reduced and/or eliminated because drivers spend considerable 
time installing, wiring, and safety-checking the fireworks displays at 
the site, followed by several hours off duty in the late afternoon and 
early evening prior to the event; during this time, the drivers are 
allowed to rest or take a nap. Additionally, these drivers would 
continue to use paper RODS in lieu of an ELD during the designated 
Independence Day periods. The scheduled off duty time and use of RODS 
will ensure that fatigued driving is managed.

VI. Public Comments

    On May 4, 2021, FMCSA published notice of this application and 
requested public comments (86 FR 23779). The Agency received three 
comments, all opposing the exemptions. Miner's Inc. said ``No need to 
extend hours of service. Team drivers can keep the load moving. This 
can also be used for livestock.'' Another commenter, John Koglman, 
wrote, ``14 hr. Mandatory ELD, one or the other. Truckers are not 
children, no safer highways [since] both rules have been in place. Too 
much money being allocated for enforcement, not much spent to make 
truck driving bearable . . .'' The third commenter, Joshua Hilton, 
asked, ``What part of shall not be infringed do you not understand?''

VII. FMCSA Response and Decision

    FMCSA has determined that granting these exemptions to APA member-
companies will likely achieve a level of safety equivalent to or 
greater than the level that compliance with the HOS rules would ensure. 
The Agency agrees with the APA that the operational demands of this 
unique industry minimize the risk of CMV crashes. Generally, the CMV 
drivers covered by the exemption transport fireworks over relatively 
short routes from distribution points to the site of the fireworks 
display, and normally do so in the morning hours when drivers are less 
likely to encounter heavy traffic and congestion. When the drivers 
arrive at the work site, they spend most of their time setting up the 
fireworks displays, followed by several hours off duty in the late 
afternoon and early evening prior to the event. During the off-duty 
breaks, drivers are able to rest and nap, thereby reducing the risk of 
fatigue towards the end of the work shift. Before beginning another 
duty day, these drivers must take 10 consecutive hours off duty, the 
same as other CMV drivers. FMCSA notes that the individuals spend very 
little time driving during any given work shift and they must adhere to 
the weekly hours-of-service limits which prohibit operating a CMV after 
accumulating 60 hours on duty within 7 consecutive days, or 70 hours on 
duty within 8 consecutive days.
    FMCSA anticipates, and understands from discussions with APA, that 
drivers will be unable to exceed the 14-hour limit every night and yet 
still have time to take 10 consecutive hours off duty. But drivers may 
work long days followed by short days, alternating back and forth. Such 
arrangements will likely vary from company to company, depending on 
event schedules. In any case, drivers and motor carriers operating 
under the exemption remain subject to the requirement for 10 
consecutive hours off duty, and they must maintain records of duty 
status.
    With regard to ELDs, the current regulations include an exception 
for motor carriers that are required to prepare records of duty status 
for 8 days or less during a 30 consecutive day period. However, the APA 
members in question would need relief from the requirements for 11 
days. Therefore, the exemption would only provide 3 additional days of 
relief beyond the existing rule. The Agency does not believe safety 
will be decreased through the use of paper RODS and supporting 
documents during the 3 additional days. The carriers will be subject to 
the current record retention requirement,

[[Page 34836]]

for the records generated during the timeframe of this exemption and 
the Agency will have access to the RODS for 6 months from the date the 
records were prepared including corresponding supporting documents. The 
carriers also could be subject to civil penalties for failure to 
maintain the RODS and supporting documents for the entire period of the 
exemption and 6 months thereafter.
    In addition, FMCSA has ensured that each motor carrier possesses an 
active USDOT registration, minimum required levels of insurance as 
required by 49 CFR part 387, and is not subject to any ``imminent 
hazard'' or other out-of-service (OOS) orders. The Agency conducted a 
comprehensive review of the safety performance history on each of the 
motor carriers listed in the appendix table during the review process. 
As part of this process, FMCSA reviewed its Motor Carrier Management 
Information System safety records, including inspection and accident 
reports submitted to FMCSA by State agencies. The motor carriers have 
``satisfactory'' safety ratings and valid Hazardous Materials Safety 
Permits. The member carriers may be subject to investigations prior to 
future renewal of the exemption.
    FMCSA acknowledges the concerns of commenters and has decided to 
limit the exemption to the 2021 Independence Day season, rather than 
granting a multi-year exemption as requested by APA. The Agency will 
review the impact of the exemption following the 2021 Independence Day 
Celebration and seek public comment whether similar relief should be 
granted in future years, if requested by APA.

VIII. Terms and Conditions of the Exemptions

Period of the Exemption

    The requested HOS exemptions from 49 CFR 395.3(a)(2) and 49 CFR 
395.8(a)(1)(i) are effective from June 28 through July 8, 2021, 11:59 
p.m. local time.

Terms and Conditions of the Exemptions

    The exemptions are limited to drivers employed by the 58 motor 
carriers previously covered by the exemptions, and drivers employed by 
the two additional carriers identified by an asterisk in the appendix 
table of this notice. Drivers covered by these exemptions will be able 
to exclude off-duty and sleeper-berth time of any length from the 
calculation of the 14-hour limit. Drivers will be able to use paper 
RODs in lieu of ELDs to record their HOS. The conditions of these are 
as follows:
    <bullet> Drivers must not drive more than 11 hours after 
accumulating 14 hours on duty prior to beginning a new driving period;
    <bullet> Drivers must have 10 consecutive hours off duty following 
14 hours on duty prior to beginning a new driving period;
    <bullet> Drivers must use paper RODs, maintain RODS for 6 months 
from the date the record is prepared, and make RODS accessible to law 
enforcement upon request;
    <bullet> Drivers subject to the ELD requirements prior to June 28 
must continue to use ELDs, maintain ELD data for 6 months from the date 
the electronic record is generated, and make ELD data accessible to law 
enforcement upon request; and
    <bullet> 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

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period these exemptions would be in effect, no 
State shall enforce any law or regulation applicable to interstate 
commerce that conflicts with or is inconsistent with the exemptions 
with respect to a firm or person operating under the exemptions. States 
may, but are not required to, adopt the same exemptions with respect to 
operations in intrastate commerce.

Notification to FMCSA

    Exempt motor carriers are 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 these exemptions. The 
notification must be made by email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="430e0013100703070c176d040c15">[email protected]</a> and include the 
following information:
    a. Identifier of the Exemptions: ``APA'';
    b. Date of the accident;
    c. City or town, and State, in which the accident occurred, or 
which is closest to the scene of the accident;
    d. Driver's name and driver's license State, number, and class;
    e. Co-Driver's name and driver's license State, number, and class;
    f. Vehicle company number and power unit license plate State and 
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 total driving time and the total on-duty time of the CMV 
driver at the time of the accident.
    In addition, if there are any injuries or fatalities, the carrier 
must forward the police accident report to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="135e5043405753575c473d545c45">[email protected]</a> as soon as 
available.

Meera Joshi,
Deputy Administrator.

     Appendix to Notice of Applications for Renewal of APA Exemptions From the 14-Hour and ELD HOS Rules for
                Independence Day Periods June 28, 2021 Through July 8, 2021 for 60 Motor Carriers
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              Motor carrier                       Street address           City, state, zip code       DOT No.
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1. American Fireworks Company............  7041 Darrow Road...........  Hudson, OH 44236...........       103972
2. American Fireworks Display, LLC.......  105 County Route 7.........  McDonough, NY 13801........      2115608
3. AM Pyrotechnics, LLC..................  2429 East 535th Rd.........  Buffalo, MO 65622..........      1034961
4. Arthur Rozzi Pyrotechnics.............  6607 Red Hawk Ct...........  Maineville, OH 45039.......      2008107
5. Artisan Pyrotechnics, Inc.............  82 Grace Road..............  Wiggins, MS 39577..........      1898096
6. * Atlas Importers, Inc................  1570 S Hwy. 501............  Marion, SC 29571...........       449827
7. Atlas PyroVision Entertainment Group,   136 Sharon Road............  Jaffrey, NH 03452..........       789777
 Inc.
8. Celebration Fireworks, Inc............  7911 7th Street............  Slatington, PA 18080.......      1527687
9. Central States Fireworks, Inc.........  18034 Kincaid Street.......  Athens, IL 62613...........      1022659
10. * Dominion Fireworks, Inc............  669 Flank Road.............  Petersburg, VA 23805.......       540485
11. Falcon Fireworks.....................  3411 Courthouse Road.......  Guyton, GA 31312...........      1037954
12. Fireworks & Stage FX America.........  12650 Hwy 67S, Suite B.....  Lakeside, CA 92040.........       908304

[[Page 34837]]

 
13. Fireworks by Grucci, Inc.............  20 Pinehurst Drive.........  Bellport, NY 11713.........       324490
14. Legal Aluminum King Mfg., Ltd. dba     700 E Van Buren Street.....  Mitchell, IA 50461.........       420413
 Flashing.
15. Gateway Fireworks Displays...........  P.O. Box 39327.............  St Louis, MO 63139.........      1325301
16. Great Lakes Fireworks................  24805 Marine...............  Eastpointe, MI 48021.......      1011216
17. Hale Artificier, Inc.................  3185 East US Highway 64....  Lexington, NC 27292........       981325
18. Hamburg Fireworks Display, Inc.......  2240 Horns Mill Road SE....  Lancaster, OH..............       395079
19. Hawaii Explosives & Pyrotechnics, Inc  17-7850 N Kulani Road......  Mountain View, HI 96771....      1375918
20. Hollywood Pyrotechnics, Inc..........  1567 Antler Point..........  Eagan, MN 55122............      1061068
21. Mike Eicher, dba Homeland Fireworks,   5235 John Day Hwy..........  Jamieson, OR 97909.........      1377525
 Inc.
22. International Fireworks Mfg. Company.  242 Sycamore Road..........  Douglassville, PA 19518....       385065
23. J&J Computing dba Fireworks            174 Route 17 North.........  Rochelle Park, NJ 07662....      2064141
 Extravaganza.
24. J&M Displays, Inc....................  18064 170th Ave............  Yarmouth, IA 52660.........       377461
25. Johnny Rockets Fireworks Display       3240 Love Rock.............  Steger, IL 60475...........      1263181
 Company.
26. Lantis Fireworks, Inc................  130 Sodrac Dr., Box 229....  N Sioux City, SD 57049.....       534052
27. Las Vegas Display Fireworks, Inc.....  4325 West Reno Ave.........  Las Vegas, NV 89118........      3060878
28. Legion Fireworks Co., Inc............  10 Legion Lane.............  Wappingers Falls, NY 12590.       554391
29. Magic in the Sky, LLC................  27002 Campbellton Road.....  San Antonio, TX 78264......      2134163
30. Martin & Ware Inc. dba Pyro City       P.O. Box 322...............  Hallowell, ME 04347........       734974
 Maine & Central Maine Pyrotechnics.
31. Miand Inc. dba Planet Productions      P.O. Box 294, 3999 Hupp      Kingsbury, IN 46345........       777176
 (Mad Bomber) bBoBBomberBomber).            Road R31.
32. Melrose Pyrotechnics, Inc............  1 Kingsbury Industrial Park  Kingsbury, IN 46345........       434586
33. Montana Display Fireworks, Inc.......  9480 Inspiration Road......  Missoula, MT 59808.........      1030231
34. Pyro Shows, Inc......................  115 N 1st Street...........  LaFollette, TN 37766.......       456818
35. Pyro Shows of Alabama, Inc...........  3325 Poplar Lane...........  Adamsville, AL 35005.......      2859710
36. Pyro Shows of Texas, Inc.............  6601 9 Mile Azle Rd........  Fort Worth, TX 76135.......      2432196
37. Pyro Spectaculars, Inc...............  3196 N Locust Ave..........  Rialto, CA 92376...........       029329
38. Pyro Spectaculars North, Inc.........  5301 Lang Avenue...........  McClellan, CA 95652........      1671438
39. Pyrotechnic Display, Inc.............  8450 W St. Francis Rd......  Frankfort, IL 60423........      1929883
40. Pyrotecnico Fireworks Inc............  299 Wilson Rd..............  New Castle, PA 16105.......       526749
41. Pyrotecnico FX, LLC..................  6965 Speedway Blvd. Suite    Las Vegas, NV 89115........      1610728
                                            115.
42. Rainbow Fireworks, Inc...............  76 Plum Ave................  Inman, KS 67546............      1139643
43. RES Specialty Pyrotechnics dba RES     21595 286th St.............  Belle Plaine, MN 56011.....       523981
 Pyro.
44. RKM Fireworks Company................  27383 May St...............  Edwardsburg, MI 49112......      1273436
45. Rozzi's Famous Fireworks, Inc........  118 Karl Brown Way.........  Loveland, OH 45140.........      0483686
46. Santore's World Famous Fireworks, LLC  846 Stillwater Bridge Road.  Schaghticoke, NY 12154.....      2574135
47. Sky Wonder Pyrotechnics, LLC.........  3626 CR 203................  Liverpool, TX 77577........      1324580
48. Sorgi American Fireworks Michigan,     935 Wales Ridge Rd.........  Wales, MI 48027............     02475727
 LLC.
49. Southern Sky Fireworks, LLC..........  6181 Denham Rd.............  Sycamore, GA 31790-2603....      3168056
50. Spielbauer Fireworks Co, Inc.........  1976 Lane Road.............  Green Bay, WI 54311........       046479
51. Spirit of 76, LLC....................  6401 West Hwy 40...........  Columbia, MO 65202.........      2138948
52. Starfire Corporation.................  682 Cole Road..............  Carrolltown, PA 15722......       554645
53. Vermont Fireworks Co., dba Northstar   2235 Vermont Route 14 South  East Montpelier, VT 05651..       310632
 Fireworks Co., Inc.
54. Wald & Company All American Display    16004 South State 291        Greenwood, MO 64034........        87079
 Fireworks Company.                         Highway.
55. Western Display Fireworks, Ltd.......  10946 S New Era Rd.........  Canby, OR 97013............       498941
56. Western Enterprises, Inc.............  13513 W Carrier Rd.........  Carrier, OK 73727..........       203517
57. Wolverine Fireworks Display, Inc.....  205 W Seidlers.............  Kawkawlin, MI..............       376857
58. Young Explosives Corp................  2165 New Michigan Rd.......  Canandaigua, NY 14618......       450304
59. Zambelli Fireworks MFG, Co., Inc.....  120 Marshall Drive.........  Warrendale, PA 15086.......       033167
60. ZY Pyrotechnics, LLC dba Skyshooter    1014 Slocum Road...........  Wapwallopen, PA 18660......      2149202
 Displays, Inc.
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[FR Doc. 2021-13892 Filed 6-29-21; 8:45 am]
BILLING CODE 4910-EX-P


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