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Hours of Service of Drivers; Renewal and Expansion of American Pyrotechnics Association Exemption From the 14-Hour Rule During Independence Day Celebrations

American Government Special Collections Reference Desk

American Government

Hours of Service of Drivers; Renewal and Expansion of American Pyrotechnics Association Exemption From the 14-Hour Rule During Independence Day Celebrations

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
June 29, 2015


[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 37040-37043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15879]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]


Hours of Service of Drivers; Renewal and Expansion of American 
Pyrotechnics Association Exemption From the 14-Hour Rule During 
Independence Day Celebrations

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

ACTION: Notice of final disposition; granting of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces the granting of an exemption for 51 member-
companies of the American Pyrotechnics Association (APA) from FMCSA's 
regulation prohibiting drivers of commercial motor vehicles (CMVs) from 
driving after the 14th hour after coming on duty. FMCSA renews the 
exemption for 46 APA member

[[Page 37041]]

companies and grants 5 additional carriers coverage under the 
exemption, which is effective from June 28-July 8, 2015, and June 28-
July 8, 2016, inclusive. The original application covered 55 carriers, 
but FMCSA has declined to exempt 3 of them, and 1 carrier is out of 
business, leaving 51 approved carriers. Drivers who operate these CMVs 
in conjunction with staging fireworks shows celebrating Independence 
Day will be allowed to exclude off-duty and sleeper-berth time of any 
length from the calculation of the 14-hour driving window otherwise 
applicable. These drivers remain subject to the 60- and 70-hour limits; 
they may also drive no more than 11 hours in the 14-hour period after 
coming on duty, as extended by any off-duty or sleeper-berth time in 
accordance with this exception. FMCSA believes that the terms and 
conditions of the exemption will likely enable APA member motor 
carriers to maintain a level of safety that is equivalent to, or 
greater than, the level of safety that would be obtained by complying 
with the regulation.

DATES: This exemption is effective from June 28, 2015 (12:01 a.m.) 
through July 8, 2015 (11:59 p.m.) and from June 28, 2016 (12:01 a.m.) 
through July 8, 2016 (11:59 p.m.).

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325, Email: MCPSD@dot.gov, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to the notice requesting public comments on the 
exemption application, 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 on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION: 

APA Application for Exemption

    The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a 
property-carrying CMV driver from driving a CMV after the 14th hour 
after coming on duty following 10 consecutive hours off duty. Under 49 
U.S.C. 31315 and 31136(e), FMCSA may grant an exemption from the HOS 
requirements in 49 CFR 395.3(a)(2) for a 2-year period 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. The procedures for requesting an exemption (including 
renewals) are prescribed in 49 CFR part 381.
    The APA, a trade association representing the domestic fireworks 
industry, applied for an exemption in 2004. A copy of that application 
is in the docket; it describes fully the nature of the pyrotechnic 
operations during a typical Independence Day period. Various APA 
members have held 2-year exemptions during Independence Day periods 
from 2005 through 2014. The last exemption, for 55 of its members, 
expired on July 9, 2014. The renewal application covered 50 members 
that previously held exemptions and 5 additional member companies, but 
FMCSA has decided not to exempt 3 of them; and 1 carrier, Hi-Tech FX, 
LLC (US DOT number 1549055), is out of business; 51 carriers are being 
granted the exemption. A copy of the renewal request is included in the 
docket referenced at the beginning of this notice.
    The CMV drivers employed by APA members are trained pyro 
technicians who hold commercial driver's licenses (CDLs) with hazardous 
materials (HM) endorsements. They transport fireworks and related 
equipment by CMVs on a demanding schedule during a brief Independence 
Day period, often to remote locations. After they arrive, the drivers 
are responsible for set-up and staging of the fireworks shows.
    The APA stated that it was seeking an HOS exemption for the 2015 
and 2016 Independence Day periods because compliance with the current 
14-hour rule in 49 CFR 395.3(a)(2) by its members would impose a 
substantial economic hardship on numerous cities, towns and 
municipalities, as well as its member-companies. To meet the demand for 
fireworks shows under the current HOS rules, APA claimed that its 
members would be required to hire a second driver for most trips. The 
result would be a substantial increase in the cost of the fireworks 
shows--beyond the means of many of its members' customers--and many 
Americans would therefore be denied this important component of the 
Independence Day celebration. The 51 APA members within the scope of 
this exemption are listed in an appendix to this notice.

Method To Ensure an Equivalent or Greater Level of Safety

    The APA believes that renewal of the exemption for previously 
exempt carriers and the granting of relief for new carriers will not 
adversely affect the safety of the fireworks transportation provided by 
these motor carriers. According to APA, its member-companies have 
operated under this exemption for 10 previous Independence Day periods 
without a reported motor carrier safety incident. Moreover, it asserts, 
without the extra duty-period time provided by the exemption, safety 
would decline because APA drivers would be unable to return to their 
home base or other safe location 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. As a condition of the 
exemption, each motor carrier is required to notify FMCSA within 5 
business days of any accident (as defined in 49 CFR 390.5) involving 
the operation of any CMVs while under this exemption. To date, FMCSA 
has received no accident notifications, nor is the Agency aware of any 
accidents reportable under terms of the prior APA exemptions.
    APA asserted that the operational demands of this unique industry 
minimize the risk of CMV crashes. In the last few days before the 4th 
of July, 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. At the site, 
they spend considerable time installing, wiring, and safety-checking 
the fireworks displays, followed by several hours off duty in the late 
afternoon and early evening prior to the event. During this time, the 
drivers are able to rest and nap, thereby reducing or eliminating the 
fatigue accumulated during the day. Before beginning another duty day, 
these drivers must take 10 consecutive hours off duty, the same as 
other CMV drivers. FMCSA believes that APA operations conducted under 
the terms and conditions of this limited exemption will likely provide 
a level of safety that is equivalent to the level of safety achieved 
without the exemption.

Public Comments

    On April 7, 2015, FMCSA published notice of this renewal 
application, and asked for public comment (80 FR 186690). No comments 
were submitted.

[[Page 37042]]

FMCSA Decision

    The FMCSA has evaluated APA's application and the safety records of 
the companies to which the exemption would apply. The Agency believes 
that APA members will likely achieve a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption [49 CFR 381.305(a)], and grants the requested exemption 
to the 51 APA member-companies listed in the appendix.
    FMCSA denies the exemption applications of Garden State Fireworks, 
Inc. (USDOT number 435878); Pyro Engineering Inc. (USDOT number 
530262); and Pyro Shows, Inc. (USDOT number 456818). The denial is 
based on their insufficient safety management controls and the Agency's 
analysis of their roadside inspections during the last 24 months. Under 
these circumstances, FMCSA believes it would be inappropriate at this 
time to grant an exemption to these three companies.

Terms and Conditions of the Exemption

Period of the Exemption

    The exemption from the requirements of 49 CFR 395.3(a)(2) is 
effective from June 28, 2015 (12:01 a.m.) through July 8, 2015 (11:59 
p.m.) and from June 28, 2016 (12:01 a.m.) through July 8, 2016 (11:59 
p.m.). The exemption will expire on July 8, 2016, at 11:59 p.m. local 
time.

Extent of the Exemption

    This exemption is restricted to the 51 motor carriers listed in the 
appendix and their CMV drivers. The drivers are exempt from 49 CFR 
395.3(a)(2), which prohibits a driver from driving a CMV after the 14th 
hour after 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. However, driving time is limited to 11 hours in the 
14-hour period after coming on duty, as extended by any off-duty or 
sleeper-berth time in accordance with this exemption. The exemption is 
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

    Each carrier must maintain USDOT registration, a Hazardous 
Materials Safety Permit (if required), minimum levels of public 
liability insurance, and not be subject to any ``imminent hazard'' or 
other out-of-service (OOS) order issued by FMCSA. Each driver covered 
by the exemption must be in possession of the exemption document, 
maintain a valid CDL with 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 is in effect, no State may enforce 
any law or regulation that conflicts with or is inconsistent with this 
exemption with respect to a person or entity operating under the 
exemption (49 U.S.C. 31315(d)).

FMCSA Accident Notification

    Exempt motor carriers must notify FMCSA within 5 business days of 
any accidents (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:
    a. Identifier of the Exemption: ``APA''
    b. Name of operating carrier and USDOT number,
    c. Date of the accident,
    d. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    e. Driver's name and license number,
    f. If any, co-driver's name and license number,
    g. Vehicle number and state license number,
    h. Number of individuals suffering physical injury,
    i. Number of fatalities,
    j. The police-reported cause of the accident,
    k. Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations, and
    l. The total driving time and total on-duty time prior to the 
accident.

Termination

    The 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. 
The FMCSA will immediately revoke the exemption for failure to comply 
with its terms and conditions.

    Issued on: June 23, 2015.
T.F. Scott Darling, III,
Chief Counsel.

Appendix to Notice of Application for Renewal of American Pyrotechnics 
Association (APA) Exemption from the 14-Hour HOS Rule During 2015 and 
2016 Independence Day Celebrations for 46 Motor Carriers

----------------------------------------------------------------------------------------------------------------
              Motor carrier                     Street address           City, state, zip code        DOT No.
----------------------------------------------------------------------------------------------------------------
 1 American Fireworks Company...........  7041 Darrow Road..........  Hudson, OH 44236..........          103972
 2 American Fireworks Display, LLC......  P.O. Box 980..............  Oxford, NY 13830..........         2115608
 3 AM Pyrotechnics, LLC.................  2429 East 535th Rd........  Buffalo, MO 65622.........         1034961
 4 Atlas PyroVision Entertainment Group,  136 Old Sharon Rd.........  Jaffrey, NH 03452.........          789777
 Inc.
 5 Central States Fireworks, Inc........  18034 Kincaid Street......  Athens, IL 62613..........         1022659
 6 Colonial Fireworks Company...........  5225 Telegraph Road.......  Toledo, OH 43612..........          177274
 7 East Coast Pyrotechnics, Inc.........  4652 Catawba River Rd.....  Catawba, SC 29704.........          545033
 8 Entertainment Fireworks, Inc.........  13313 Reeder Road SW......  Tenino, WA 98589..........          680942
 9 Falcon Fireworks.....................  3411 Courthouse Road......  Guyton, GA 31312..........         1037954
10 Fireworks & Stage FX America.........  12650 Hwy 67S. Suite B....  Lakeside, CA 92040........          908304
11 Fireworks by Grucci, Inc.............  20 Pinehurst Drive........  Bellport, NY 11713........          324490
12 J&J Computing dba Fireworks            174 Route 17 North........  Rochelle Park, NJ 07662...         2064141
 Extravaganza.
13 Fireworks West Internationale........  910 North 3200 West.......  Logan, UT 84321...........          245423
14 Gateway Fireworks Displays...........  P.O. Box 39327............  St Louis, MO 63139........         1325301
15 Great Lakes Fireworks................  24805 Marine..............  Eastpointe, MI 48021......         1011216
16 Hamburg Fireworks Display, Inc.......  2240 Horns Mill Road SE...  Lancaster, OH.............          395079

[[Page 37043]]

 
17 Hawaii Explosives & Pyrotechnics, Inc  17-7850 N. Kulani Road....  Mountain View, HI 96771...         1375918
18 Hollywood Pyrotechnics, Inc..........  1567 Antler Point.........  Eagan, MN 55122...........         1061068
19 Homeland Fireworks, Inc..............  P.O. Box 7................  Jamieson, OR 97909........         1377525
20 Island Fireworks Co., Inc............  N1597 County Rd VV........  Hager City, WI 54014......          414583
21 J&M Displays, Inc....................  18064 170th Ave...........  Yarmouth, IA 52660........          377461
22 Lantis Fireworks, Inc................  130 Sodrac Dr., Box 229...  N. Sioux City, SD 57049...          534052
23 Legion Fireworks Co., Inc............  10 Legion Lane............  Wappingers Falls, NY 12590          554391
24 Miand Inc. dba Planet Productions      P.O. Box 294, 3999 Hupp     Kingsbury, IN 46345.......          777176
 (Mad Bomber).                             Road R31.
25 Martin & Ware Inc. dba Pyro City       P.P. Box 322..............  Hallowell, ME 04347.......          734974
 Maine & Central Maine Pyrotechnics.
26 Melrose Pyrotechnics, Inc............  1 Kinsgubury Industrial     Kingsbury, IN 46345.......          434586
                                           Park.
27 Precocious Pyrotechnics, Inc.........  4420-278th Ave NW.........  Belgrade, MN 56312........          435931
28 Pyro Spectacluars, Inc...............  3196 N Locust Ave.........  Rialto, CA 92376..........          029329
29 Pyro Spectaculars North, Inc.........  5301 Lang Avenue..........  McClellan, CA 95652.......         1671438
30 Pyrotechnic Display, Inc.............  8450 W. St. Francis Rd....  Frankfort, IL 60423.......         1929883
31 Pyrotecnico (S. Vitale Pyrotechnic     302 Wilson Rd.............  New Castle, PA 16105......          526749
 Industries, Inc.).
32 Pyrotecnico, LLC.....................  60 West Ct................  Mandeville, LA 70471......          548303
33 Pyrotecnico FX.......................  6965 Speedway Blvd. Suite   Las Vegas, NV 89115.......         1610728
                                           115.
34 Rainbow Fireworks, Inc...............  76 Plum Ave...............  Inman, KS 67546...........         1139643
35 RES Specialty Pyrotechnics...........  21595 286th St............  Belle Plaine, MN 56011....          523981
36 Rozzi's Famous Fireworks, Inc........  11605 North Lebanon Rd....  Loveland, OH 45140........         0483686
37 Skyworks, Ltd........................  13513 W. Carrier Rd.......  Carrier, OK 73727.........         1421047
38 Spielbauer Fireworks Co, Inc.........  220 Roselawn Blvd.........  Green Bay, WI 54301.......          046479
39 Starfire Corporation.................  682 Cole Road.............  Carrolltown, PA 15722.....          554645
40 Vermont Fireworks Co., Inc./Northstar  2235 Vermont Route 14       East Montpelier, VT 05651.          310632
 Fireworks Co., Inc.                       South.
41 Western Display Fireworks, Ltd.......  10946 S. New Era Rd.......  Canby, OR 97013...........          498941
42 Western Enterprises, Inc.............  P.O. Box 160..............  Carrier, OK 73727.........          203517
43 Western Fireworks, Inc...............  14592 Ottaway Road NE.....  Aurora, OR 97002..........          838585
44 Wolverine Fireworks Display, Inc.....  205 W Seidlers............  Kawkawlin, MI.............          376857
45 Young Explosives Corp................  P.O. Box 18653............  Rochester, NY 14618.......          450304
46 Zambelli Fireworks MFG, Co., Inc.....  P.O. Box 1463.............  New Castle, PA 16103......          033167
----------------------------------------------------------------------------------------------------------------

Appendix to Renewal of Exemption for 5 Motor Carriers Not Previously 
Exempted

----------------------------------------------------------------------------------------------------------------
              Motor carrier                     Street address           City, state, zip code        DOT No.
----------------------------------------------------------------------------------------------------------------
1 Pyro Shows of Texas, Inc..............  6601 9 Mile Azle Rd.......  Fort Worth, TX 76135......         2432196
2 Sorgi American Fireworks Michigan, LLC  935 Wales Ridge Rd........  Wales, MI 48027...........         2475727
3 Spirit of 76..........................  6401 West Hwy 40..........  Columbia, MO 65202........         2138948
4 USA Halloween Planet Inc. dba USA       7800 Record Street, Suite   Indianapolis, IN 46226....          725457
 Fireworks.                                A.
5 Arthur Rozzi Pyrotechnics.............  6607 Red Hawk Ct..........  Maineville, OH 45039......         2008107
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-15879 Filed 6-26-15; 8:45 am]
 BILLING CODE 4910-EX-P

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