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 |
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Meera Joshi
Federal Motor Carrier Safety Administration
30 June 2021
[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; MCPSD@dot.gov. 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:
Drivers must not drive more than 11 hours after
accumulating 14 hours on duty prior to beginning a new driving period;
Drivers must have 10 consecutive hours off duty following
14 hours on duty prior to beginning a new driving period;
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;
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
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 MCPSD@DOT.GOV 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 MCPSD@DOT.GOV 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