Hours of Service of Drivers: Application of Illumination Fireworks, LLC and ACE Pyro LLC, for Exemption From the 14-Hour Rule During Independence Day Celebrations

Larry W. Minor
Federal Motor Carrier Safety Administration
May 13, 2014

[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Notices]
[Pages 27364-27365]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10978]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0111]


Hours of Service of Drivers: Application of Illumination 
Fireworks, LLC and ACE Pyro LLC, for Exemption From the 14-Hour Rule 
During Independence Day Celebrations

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

ACTION: Notice of application for 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 
limited exemption from the requirement that drivers of commercial motor 
vehicles (CMVs) must not drive following the 14th hour after coming on 
duty. 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 periods June 
28-July 8, 2014, and June 28-July 8, 2015, inclusive. During these two 
periods, 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 periods 
of June 28, 2014, through July 8, 2014, inclusive, and June 28, 2015, 
through July 8, 2015, inclusive. The exemption would expire on July 8, 
2015 at 11:59 p.m. Comments must be received on or before June 2, 2014.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2014-0111 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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., between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please also see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov, and follow the online 
instructions for accessing the dockets, or go to the street address 
listed above.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act notice regarding our public dockets in the January 17, 
2008, issue of the Federal Register (73 FR 3316).
    Public participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 

Background

    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. 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)).

Request for Exemption

    Illumination Fireworks, LLC (USDOT 2326703) and ACE Pyro, LLC 
(USDOT 1352892) (Applicants) are fireworks display companies that 
employ CMV drivers who hold commercial driver's licenses 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 seek an exemption from the 14-hour rule in 49 CFR 
395.3(a)(2) so that drivers would be allowed to exclude off-duty and 
sleeper-berth time of any length from the calculation of the 14 hours. 
The applicants state that the basis for their request is the existing 
FMCSA exemption granted to the American Pyrotechnics Association (APA) 
under Docket No. FMCSA-2007-28043, which exempts comparable fireworks 
companies from the 14-hour rule.
    The applicants further state they are seeking an HOS exemption for 
the 2014 and 2015 Independence Day periods because compliance with the 
14-hour

[[Page 27365]]

rule would impose economic hardship on cities, municipalities, and 
themselves. Complying with the existing regulations means most shows 
would require two drivers, significantly increasing the cost of the 
fireworks display.
    The applicants assert that without the extra duty-period provided 
by the exemption, safety would decline because firework drivers would 
be unable to return to their home base after 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 carriers' home base. As a condition for holding the 
exemption, each motor carrier would be required to notify FMCSA within 
5 business days of any accident (as defined in 49 CFR 390.5) involving 
the operation of any CMVs under this exemption. The applicants advise 
they have never been in an accident. As additional support for the 
requested exemption, the applicants contend that the nature and duties 
of APA CMV operators is exactly the same as the CMV operators it 
employs and they feel strongly that there will not be any decline in 
safety.
    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 2013 Independence Day season, the furthest an 
Illumination Fireworks or Ace Pyro CMV traveled from its home base was 
150 miles, which involves a very small amount of driving compared to 
the distance traveled by companies covered by the APA exemption. At the 
site, they spend considerable time installing, wiring, and safety-
checking the fireworks displays, followed by several hours of 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.
    A copy of the applicants' application for exemption is available 
for review in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on the applicants' application for an exemption 
from certain provisions of the driver's HOS rules in 49 CFR part 395. 
The Agency will consider all comments received by close of business on 
June 2, 2014. Comments will be available for examination in the docket 
at the location listed under the ADDRESSES section of this notice. The 
Agency will consider to the extent practicable comments received in the 
public docket after the closing date of the comment period.

    Issued on: May 2, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-10978 Filed 5-12-14; 8:45 am]
BILLING CODE 4910-EX-P