29266 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 

APPENDIX TO NOTICE OF RENEWAL OF AMERICAN PYROTECHNICS ASSOCIATION (APA) EXEMPTION FROM THE 14-HOUR

HOS RULE DURING 2009 AND 2010 INDEPENDENCE DAY CELEBRATIONS—Continued 

Motor carrier Address DOT # 

Walt Disney Entertainment ............................................................................. 5700 Maple Road, Lake Buena Vista, FL 32830 .. 148477 

Western Enterprises, Inc. ............................................................................... PO Box 160, Carrier, OK 73727 ............................ 203517 

Western Fireworks, Inc. .................................................................................. 14592 Ottaway Rd. NE, Aurora, OR 97002 .......... 838585 

Winco Fireworks Int. LLC ............................................................................... 1992 NW Hwy 50, Lone Jack, MO ........................ 259688 

Wolverine Fireworks Display, Inc. .................................................................. 205 W Seidlers, Kawkawlin, MI ............................. 376857 

Young Explosives Corp. ................................................................................. PO Box 18653, Rochester, NY .............................. 450304 

Zambelli 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–28043] 

Hours of Service (HOS) of Drivers; 

Granting of Exemption; American 

Pyrotechnics Association (APA) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; 

granting of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant the American 

Pyrotechnics Association (APA) 

exemption for 14 member motor carriers 

from FMCSA’s regulation that drivers of 

commercial motor vehicles (CMV) may 

not drive after the 14th hour after 

coming on duty. 

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 grant 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 

a limited exemption from the HOS rules 

on behalf of 14 of its member motor 

carriers for a eleven-day period 

surrounding Independence Day in 2009, 

and a similar period in 2010, as 

previously announced in the Federal 

Register (74 FR 24066, May 22, 2009). 

(On May 22, 2009, the Agency also 

renewed the identical exemption for 61 

additional APA-member motor carriers 

(74 FR 24069)). A copy of this 

application for exemption is included in 

the docket referenced at the beginning 

of this notice, and a list of the 14 APAmember companies being exempted 

from 49 CFR 395.3(a)(2) is included as 

an Appendix to this notice. 

The HOS rules prohibit a propertycarrying 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 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 

are also trained pyrotechnicians. They 

transport fireworks, and set-up and 

stage fireworks shows. 

The 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 on-duty period. These drivers must 

continue to obtain 10 consecutive hours 

off duty prior to the 14-hour period, and 

observe the 11-hour driving time limit, 

as well as the 60- and 70-hour on-duty 

limits. 

APA sought 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 

maintains that the operational demands 

of this unique industry minimize the 

risk of CMV crashes. It also 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. 

Public Comment 

On May 22, 2009, FMCSA published 

a notice in the Federal Register (74 FR 

24066) announcing APA’s application 

for exemption for these 14 member 

motor carriers, and requesting public 

comment. The comment period closed 

on June 8, 2009. There were no 

comments filed in response to the May 

22, 2009, notice. 

FMCSA Decision 

The FMCSA decision to grant the 

request for exemption from 49 CFR 

395.3(a)(2) is based on the merits of the 

application for exemption. The Agency 

believes 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 achieved absent the 

exemption. The identical limited 

exemption has been in effect during 

Independence Day periods since 2005 

for designated APA-member motor 

carriers conducting these operations. 

There have been no reported crashes or 

incidents involving these carriers while 

operating under the exemption. The 

drivers employed by the companies, 

firms, and entities listed in the 

appendix to this notice are granted relief 

from the requirements of 49 CFR 

395.3(a)(2) under the following terms 

and conditions: 

Terms of the Exemption 

Period of the Exemption 

The exemption from the requirements 

of 49 CFR 395.3(a)(2) [the ‘‘14-hour 

rule’’] is effective from June 28 (12:01 

a.m.) through July 8, 2009 (11:59 p.m.) 

and from June 28 (12:01 a.m.) through 

July 8, 2010 (11:59 p.m.). 

Extent of the Exemption 

This exemption is restricted to drivers 

employed by the companies, firms and 

entities listed in the Appendix to this 

notice. The drivers are provided a 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices 29267 

limited exemption from the 

requirements of 49 CFR 395.3(a)(2). This 

regulation prohibits a driver from 

driving after the 14th hour of coming on 

duty and does not permit off-duty 

periods to extend the 14-hour limit. 

Drivers covered by this exemption may 

exclude off-duty and sleeper-berth time 

of any length from the calculation of the 

14-hour limit. 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 requirements of 49 

CFR part 395. 

Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with or is 

inconsistent with this exemption with 

respect to a person operating under the 

exemption (49 U.S.C. 31315(d)). 

Notification to FMCSA 

Under the exemption, each APA 

member company, firm and entity listed 

in the appendix to this notice must 

notify FMCSA within 5 business days of 

any accident (as defined in 49 CFR 

390.5), involving any of the motor 

carrier’s CMVs, operating under the 

terms of 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 closest to the 

accident scene, 

c. Driver’s name and 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 total onduty time period prior to the accident. 

Termination 

FMCSA does not believe the motor 

carriers and drivers covered by this 

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. FMCSA will 

immediately revoke the exemption for 

failure to comply with its terms and 

conditions. Each motor carrier and each 

driver may be subject to periodic 

monitoring by FMCSA during the 

period of the exemption. 

Issued on: June 12, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

APPENDIX TO THE NOTICE OF APPLICATION OF AMERICAN PYROTECHNICS ASSOCIATION (APA) FOR A LIMITED HOS 

EXEMPTION FOR 14 MOTOR CARRIERS DURING THE 2009 AND 2010 INDEPENDENCE DAY CELEBRATIONS

Motor carrier Address DOT # 

1 ................. Alpha-Lee Enterprises, Inc. ............. 4111 FM 2351 ................................. Friendswood, TX 77546 .................. 1324580 

2 ................. American Fireworks Company ........ 7041 Darrow Road .......................... Hudson, OH 44236 ......................... 103972 

3 ................. Atlas Pyrovision Productions, LLC .. P.O. Box 498 ................................... Jaffrey, NH 03452 ........................... 789777 

4 ................. Cartwright Fireworks, Inc. ............... 1608 Keely Road ............................. Franklin, PA 16323 .......................... 882283 

5 ................. DDT, LLC—All American Transport, 

LLC.

4503 E. 460 ..................................... Pryor, OK 74361 ............................. 1606354 

6 ................. Entertainment Fireworks, Inc. ......... P.O. Box 7160 ................................. Olympia, WA 98507–7160 .............. 680942 

7 ................. Fireworks Productions of Arizona, 

Ltd..

17034 S 54th Street ........................ Chandler, AZ 85226 ........................ 948780 

8 ................. Fireworks West Internationale ......... 3200 West 910 North ...................... Logan, UT 84321 ............................ 245423 

9 ................. Great Lakes Fireworks .................... 24805 Marine .................................. Eastpointe, MI 48021 ...................... 1011216 

10 ............... Hollywood Pyrotechnics, Inc. .......... 1567 Antler Point ............................. Eagan, MN 55122 ........................... 1061068 

11 ............... Johnny Rockets Fireworks Display 

Co..

4410 N. Hamilton ............................ Chicago, IL 60625 ........................... 1263181 

12 ............... Night Magic, Inc. ............................. P.O. Box 294 ................................... Kingsbury, IN 46345 ........................ 557323 

13 ............... Rainbow Fireworks, Inc. .................. 76 Plum Ave. ................................... Inman, KS 67546 ............................ 1139643 

14 ............... Victory Fireworks Inc. ...................... 579 Vincent Lane ............................ Ellsworth, WI 54011 ........................ 539751 

[FR Doc. E9–14465 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 290 (Sub-No. 5) (2009– 

3)] 

Quarterly Rail Cost Adjustment Factor 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Approval of rail cost adjustment 

factor. 

SUMMARY: The Board has approved the 

third quarter 2009 rail cost adjustment 

factor (RCAF) and cost index filed by 

the Association of American Railroads. 

The third quarter 2009 RCAF 

(Unadjusted) is 0.938. The third quarter 

2009 RCAF (Adjusted) is 0.426. The 

third quarter 2009 RCAF–5 is 0.403. 

DATES: Effective Date: July 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Pedro Ramirez, (202) 245–0333. [Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

on our Web site http://www.stb.dot.gov. 

Copies of the decision may be 

purchased by contacting the office of 

Public Assistance, Governmental 

Affairs, and Compliance at (202) 245– 

0235. Assistance for the hearing 

impaired is available through FIRS at 1– 

800–877–8339. 

This action will not significantly 

affect either the quality of the human 

environment or energy conservation. 

Pursuant to 5 U.S.C. 605(b), we 

conclude that our action will not have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act. 

Decided: June 12, 2009. 

By the Board, Acting Chairman Mulvey, 

and Vice Chairman Nottingham. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–14303 Filed 6–18–09; 8:45 am] 

BILLING CODE 4915–01–P 

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