Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices 61687 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0111] 

Hours of Service of Drivers: 

Application for Renewal of Illumination 

Fireworks, LLC and ACE Pyro LLC 

Exemptions From the 14-Hour Rule 

During Independence Day Celebrations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

renewal of exemption; request for 

comments. 

SUMMARY: FMCSA announces that it has 

received an application from 

Illumination Fireworks, LLC and ACE 

Pyro, LLC (applicants) for a renewal of 

their exemption from the requirement 

that drivers of commercial motor 

vehicles (CMVs) must not drive 

following the 14th hour after coming on 

duty. The applicants were granted an 

exemption previously for drivers of 50 

CMVs during the Independence Day 

period of June 28, 2014–July 8, 2014. 

The exemption would apply solely to 

the operation of drivers of 50 CMVs 

employed by the applicants in 

conjunction with staging fireworks 

shows celebrating Independence Day 

during the period of June 28–July 8, 

2015. During this period, the CMV 

drivers employed by the applicants 

would be allowed to exclude off-duty 

and sleeper-berth time of any length 

from the calculation of the 14 hours. 

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. The applicants 

maintain that the terms and conditions 

of the limited exemption would ensure 

a level of safety equivalent to or greater 

than the level of safety achieved without 

the exemption. 

DATES: If granted, this exemption would 

be effective during the period of June 

28, 2015, through July 8, 2015. The 

exemption would expire on July 8, 

2015, at 11:59 p.m. Comments must be 

received on or before November 13, 

2014. 

DATES: Comments must be received on 

or before November 13, 2014. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2014–0111 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• 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, between 9 a.m. and 5 

p.m., ET, Monday through Friday, 

except Federal Holidays. 

• 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: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s 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://

edocket.access.gpo.gov/2008/pdf/E8- 

785.pdf. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning this notice 

contact Ms. Pearlie Robinson, FMCSA 

Driver and Carrier Operations Division; 

Office of Carrier, Driver and Vehicle 

Safety Standards; Telephone: 202–366– 

4325. Email: MCPSD@dot.gov. If you 

have questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Background 

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. 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)). 

Application for Exemptions 

The hours-of-service (HOS) rule in 49 

CFR 395.3(a)(2) prohibits a propertycarrying CMV driver from driving a 

CMV after the 14th hour after coming on 

duty following 10 consecutive hours off 

duty. The applicants represent two 

fireworks display companies that were 

granted exemptions previously during 

the Independence Day period of June 

28–July 8, 2014. The applicants’ initial 

exemption application for relief from 

the 14-hour rule was submitted in 2014; 

a copy of the application is in the 

docket identified at the beginning of this 

notice. That 2014 application describes 

fully the nature of the operations of the 

CMV drivers employed by the applicant 

during a typical Independence Day 

period. 

As stated in the applicants’ request, 

CMV drivers employed by the applicant 

hold commercial driver’s licenses (CDL) 

with hazardous materials endorsements 

to transport Division 1.3G and 1.4G 

fireworks in conjunction with the setup 

of firework shows for Independence 

Day. The applicants state that they seek 

HOS exemptions for the 2015 

Independence Day period because 

compliance with the 14-hour rule would 

impose economic hardship on cities, 

municipalities, and themselves. 

Complying with the existing regulation 

means that most shows would require 

two drivers, significantly increasing the 

cost of the fireworks display. 

mstockstill on DSK4VPTVN1PROD with NOTICES

61688 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices 

The applicants assert that without the 

extra duty-period provided by the 

exemption, safety would decline as 

firework drivers would be unable to 

return to their home base following each 

show should they have fireworks 

remaining after the display. They would 

be forced to park the CMVs carrying 

Division 1.3G and 1.4G products in 

areas less secure than the motor carrier’s 

home base. 

Method To Ensure an Equivalent or 

Greater Level of Safety 

As a condition for maintaining the 

exemption, each motor carrier would be 

required to notify FMCSA within 5 

business days of any crash (as defined 

in 49 CFR 390.5) involving the 

operation of any CMVs under this 

exemption. The applicants advise they 

have never been involved in a crash. 

In the exemption request, the 

applicants assert 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. The 

applicants noted that during the 2014 

Independence Day season, the farthest 

Illumination Fireworks traveled from its 

home base was 150 miles. At the site, 

they spend considerable time installing, 

wiring, and checking the safety of 

fireworks displays, followed by several 

hours of duty in the late afternoon and 

early evening prior to the event. Before 

beginning 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) are 

proposed to be effective during the 

period of June 28 through July 8, 2015, 

inclusive. The exemption would expire 

on July 8, 2015, at 11:59 p.m. local time. 

Extent of the Exemption 

The exemption would be restricted to 

the 50 drivers employed by the 

applicants. 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 offduty periods to extend the 14-hour 

limit. Drivers covered by the exemption 

may exclude off-duty and sleeper-berth 

time of any length from the calculation 

of the 14-hour limit. The 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 sleeperberth time in accordance with this 

exemption. The exemption would be 

further contingent on each driver having 

a minimum of 10 consecutive hours off 

duty prior to beginning a new duty 

period. The carriers and drivers must 

comply with all other applicable 

requirements of the Federal Motor 

Carrier Safety Regulations (49 CFR parts 

350–399) and Hazardous Materials 

Regulations (49 CFR parts 105–180). 

Other Conditions 

The exemption would be contingent 

upon each carrier maintaining USDOT 

registration, a Hazardous Materials 

Safety Permit (if required), minimum 

levels of public liability insurance, and 

not being subject to any ‘‘imminent 

hazard’’ or other out-of-service (OOS) 

order issued by FMCSA. Each driver 

covered by the exemption must 

maintain a valid CDL with the required 

endorsements, not be subject to any 

OOS order or suspension of driving 

privileges, and meet all physical 

qualifications required by 49 CFR part 

391. 

Preemption 

During the periods the exemption 

would be in effect, no State may enforce 

any law or regulation that conflicts with 

or is inconsistent with the exemption 

with respect to a person or entity 

operating under the exemption (49 

U.S.C. 31315(d)). 

FMCSA Accident Notification 

Exempt motor carriers would be 

required to notify FMCSA within 5 

business days of any accident (as 

defined by 49 CFR 390.5) involving the 

operation of any of its CMVs while 

under this exemption. The notification 

must include the following information: 

• Date of the accident, 

• City or town, and State, in which 

the accident occurred, or which is 

closest to the scene of the accident, 

• Driver’s name and driver’s license 

number; 

• Vehicle number and State license 

number; 

• Number of individuals suffering 

physical injury; 

• Number of fatalities; 

• The police-reported cause of the 

accident; 

• Whether the driver was cited for 

violation of any traffic laws, or motor 

carrier safety regulations; and 

• The total driving time and the total 

on-duty time of the CMV driver at the 

time of the accident. 

Accidents must be reported via email to 

MCPSD@DOT.GOV. 

Termination 

FMCSA does not believe the two 

motor carriers and 50 drivers covered by 

the exemption will experience any 

deterioration of their safety record. 

However, should this occur, FMCSA 

will 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. 

Issued on: October 1, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–24287 Filed 10–10–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Notice of Meeting of the Transit 

Advisory Committee for Safety 

(TRACS) 

AGENCY: Federal Transit Administration, 

Department of Transportation (DOT). 

ACTION: Notice of meeting. 

SUMMARY: This notice announces a 

public meeting of the Transit 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 of the 

U.S. Department of Transportation and 

the Federal Transit Administrator on 

matters relating to the safety of public 

transportation systems. 

DATES: The TRACS meeting will be held 

on October 28, 2014, from 8:30 a.m. to 

5 p.m., and October 29, 2014, from 8:30 

a.m. to 5 p.m. Contact Esther White (see 

contact information below) by October 

17, if you wish to be added to the 

visitor’s list to gain access to the U.S. 

Department of Transportation 

conference center. 

ADDRESSES: The meeting will be held at 

the U.S. Department of Transportation, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, Oklahoma City 

Room. Attendees who are on the 

visitor’s list can access the building by 

presenting a current state issued driver’s 

license or state non-driver’s license, or 

any valid Federal identification (ID). All 

identification must be a picture ID. 

Although this meeting is open to the 

public, the meeting facility is in a secure 

building. Attendees who have not premstockstill on DSK4VPTVN1PROD with NOTICES