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

Larry W. Minor
National Highway Traffic Safety Administration
October 14, 2014

[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Pages 61687-61688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24287]



[[Page 61687]]

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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.

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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 
property-carrying 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.

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    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 off-duty 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 
sleeper-berth 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