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 Department of Transportation Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-28043]
 AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
 ACTION: Notice of final disposition.
 SUMMARY: FMCSA previously announced its decision to renew the American Pyrotechnics Association (APA) exemption for 61 member motor carriers from FMCSA's regulation that drivers of commercial motor vehicles (CMVs) may not drive after the 14th hour after coming on duty. No comments were submitted to the public docket; consequently, the Agency confirms the renewal of the exemption.
 DATES: This exemption is effective during the periods of June 28, 2009, through July 8, 2009, and June 28, 2010, through July 8, 2010, inclusive.
 FOR FURTHER INFORMATION CONTACT: Mr. Thomas L. Yager, Chief, 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 Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption from the hours of service (HOS) requirements in 49 CFR 395.3(a)(2) for up to two 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” (49 CFR 381.305(a)). APA, a trade association representing the domestic fireworks industry, applied for renewal of a limited exemption from the HOS rules on behalf of 61 of its member motor carriers, and approximately 3,000 of their CMV drivers for an eleven-day period surrounding Independence Day in 2009, and a similar period in 2010, as previously announced in the 
                    **Federal Register**
                     (74 FR 24069, May 22, 2009). A copy of the application is included in the docket referenced at the beginning of this notice. The list of APA member companies covered by the exemption from 49 CFR 395.3(a)(2) is included as an Appendix to this notice. The HOS rules prohibit a property-carrying CMV driver from driving after the 14th hour after coming on duty following 10 consecutive hours off duty (49 CFR 395.3(a)(2)). During the periods June 28-July 8, 2009, and June 28-July 8, 2010, inclusive, the companies named in the Appendix and approximately 3,000 CMV drivers employed by them, will be exempt from section 395.3(a)(2) if they are operating in conjunction with the staging of fireworks shows celebrating Independence Day. These CMV drivers hold a commercial driver's license with hazardous materials endorsement. They also are trained pyrotechnicians. They transport fireworks and set up and stage fireworks shows. Section 49 CFR 395.3(a)(2) prohibits a driver from driving after the 14th hour after coming on duty and does not permit off-duty periods to extend the 14-hour limit. This exemption permits CMV drivers engaged in these operations to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour duty period. These drivers must continue to obtain 10 consecutive hours off duty prior to the 14-hour period, and remain subject to the 11-hour driving time limit, the 60- and 70-hour on-duty limits, and all other HOS rules. APA sought renewal of this exemption because compliance by its members with the current 14-hour rule would impose a substantial economic hardship on numerous cities, towns and municipalities, as well as its member companies, with regard to their Independence Day celebrations. APA 
                    ( print page 29265)
                    has consistently maintained that the operational demands of this unique industry minimize the risk of CMV crashes. It maintains that renewal of the exemption will not adversely affect the safety of the fireworks transportation provided by these motor carriers, and actually improve safety in the storage of hazardous materials. The FMCSA decision to grant the request for renewal of the exemption from 49 CFR 395.3(a)(2) was based on the merits of the application for renewal of the exemption. The Agency continues to believe that these APA operations, conducted under the terms and conditions of this limited exemption, will achieve a level of safety that is equivalent to, or greater than, the level that would be absent such exemption. Unless these motor carriers and their drivers fail to meet the terms and conditions specified in the May 22, 2009, notice of approval of this exemption, the exemption will remain in effect during the periods of June 28, 2009, through July 8, 2009, and June 28, 2010, through July 8, 2010, inclusive. Issued on: June 12, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development.
 Appendix to Notice of Renewal of American Pyrotechnics Association (APA) Exemption from the 14-Hour HOS Rule During 2009 and 2010 Independence Day Celebrations
Motor carrier
Address
DOT #Alonzo Fireworks Display, Inc.
12 County Rd 75, Mechanicsville, NY 12118
420639American Promotional Events, Inc.—West/TNT Fireworks
555 North Gilbert Street, Fullerton, CA 92833
564520American Promotional Events, Inc.—East Coast/TNT Fireworks
4511 Helton Drive, Florence, AL 35630
0121384American Promotional Events—Northwest/TNT Fireworks
2120 Milwaukee Way, Tacoma, WA 98421
013086Arrowhead Fireworks Co., Inc.
3625 Normanna Rd, Duluth, MN 55803
125673Atlas Enterprises Inc.
6601 Nine Mile Azle Rd, Fort Worth, TX 76135
0116910Atomic Fireworks
3660 W. Sunshine, Springfield, MO
130200Atomic Fireworks
999 Sumter Highway, Bishopville, SC
446835Atomic Fireworks
PO Box 190, South Pittsburg, TN
095166B.J. Alan Company
555 Martin Luther King, Jr Blvd., Youngstown, OH 44502
262140Central States Fireworks, Inc.
18034 Kincaid Street, Athens, IL 62613
1022659Colonial Fireworks Company
5225 Telegraph Road, Toledo, OH 43612
177274Falcon Fireworks
3411 Courthouse Road, Guyton, GA 31312
1037954Fireworks & Stage FX America
PO Box 488, Lakeside, CA 92040
908304Fireworks by Grucci, Inc.
1 Grucci Lane, Brookhaven, NY 11719
324490Fireworks Productions, Inc.
PO Box 294, Maryland Line, MD
464796Garden State Fireworks, Inc.
383 Carlton Road, Millington, NJ 07946
435878Galaxy Fireworks, inc.
204 E MLK Jr Blvd, Tampa, FL 33603
809731Gateway Fireworks Displays
PO Box 39327, St Louis, MO 63139
1325301Global Pyrotechnics Solutions, Inc.
10476 Sunset Drive, Dittmer, MO 63023
1183902Hamburg Fireworks Display Inc.
4300 Logan Lancaster Rd, Lancaster, OH
395079Ingram Enterprises dba Fireworks over America
6597 W Independence Drive, Springfield, MO 65802
0268419International Fireworks Mfg. Co.
242 Sycamore Road, Douglasville, PA 19518
385065Island Fireworks Company
N735 825th St, Hager City, WI 54014
414583J&M Displays, Inc.
18064 170th Ave, Yarmouth, IA 52660
377461Jake's Fireworks/Fireworks Spectacular
2311 A West 4th St, Pittsburg, KS 66762
449599July 4 Ever
382 Rock Cut Rd, Walden, NY 12586
803442Kellner's Fireworks Inc.
478 Old Rte 8, Harrisville, PA
481553Lantis Fireworks and Lasers
PO Box 491, Draper, UT 84202
195428Lantis Fireworks Inc.
130 Sodrac Dr, N Sioux City, DK 57049
534052Legion Fireworks Co., Inc.
10 Legion Lane, Wappingers Falls, NY 12590
554391Lew's Fireworks, Inc.
45788 US Hwy 212, Watertown, SD 57201
333792Mad Bomber/Planet Productions
PO Box 294, Kingsbury, IN 46345
777176Melrose Display Company
7620 Little Mount Rd, Taylorsville, KY 40071
434586Melrose North Pyrotechnics
9405 River Rd SE, Clear Lake, MN 55319
434586Melrose Pyrotechnics, Inc.
PO Box 302, Kingsbury, IN 46345
434586Melrose South Pyrotechnics
4652 Catawga River Rd, Catawga, SC 29704
545033Montana Display Inc.
9480 Inspiration Drive, Missoula, MT 59808
1030231Precocious Pyrotechnics, Inc.
4420-278th Ave NW, Belgrade, MN 56312
435931Pyro Engineering Inc., dba/Bay Fireworks
110 Route 110, Suite 102, Huntington Station, NY 11746
530262Pyro Shows Inc.
701 W. Central Ave, LaFollette, TN 37766
456818Pyro Spectaculars, Inc.
3196 N Locust Ave, Rialto, CA 92376
029329Pyrotechnics by Presutti, Inc.
PO Box 42, St Clairsville, OH 43950
51974Pyrotecnico
302 Wilson Rd., New Castle, PA 16105
526749Pyrotecnico of Louisiana, LLC
60 West Ct, Mandeville, LA 70471
548303RES Specialty Pyrotechnics
21595 286th St, Belle Plaine, MN 56011
523981Rich Brothers Company
700 S Marion Rd, Sioux Falls, SD 57106
001356Rozzi's Famous Fireworks, Inc.
11605 North Lebanon Rd, Loveland, OH 45140
0483686Skyworks, Ltd.
13513 W. Carrier Rd., Carrier, OK 73727
1421047Spielbauer Fireworks Co, Inc.
220 Roselawn Blvd, Green Bay, WI 54301
046479Stonebraker-Rocky Mountain Fireworks Co.
5650 Lowell Blvd, Unit E, Denver, CO 80221
0029845Thunder Fireworks
5207 187th St, E, Tacoma, WA 98446
463284Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc.
2235 Vermont Route 14 South, East Montpelier, VT 05651
310632Wald & Co., Inc.
PO Box 319, Greenwood, MO 64034
087079( print page 29266)Walt Disney Entertainment
5700 Maple Road, Lake Buena Vista, FL 32830
148477Western Enterprises, Inc.
PO Box 160, Carrier, OK 73727
203517Western Fireworks, Inc.
14592 Ottaway Rd. NE, Aurora, OR 97002
838585Winco Fireworks Int. LLC
1992 NW Hwy 50, Lone Jack, MO
259688Wolverine Fireworks Display, Inc.
205 W Seidlers, Kawkawlin, MI
376857Young Explosives Corp.
PO Box 18653, Rochester, NY
450304Zambelli Fireworks MFG, Co., Inc.
PO Box 1463, New Castle, PA 16103
033167


[FR Doc. E9-14464 Filed 6-18-09; 8:45 am] BILLING CODE 4910-EX-P