Hours of Service (HOS) of Drivers; Application for Renewal and Expansion of American Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During Independence Day Celebrations |
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Larry W. Minor
Federal Motor Carrier Safety Administration
April 7, 2015
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18690-18693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07906]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-28043]
Hours of Service (HOS) of Drivers; Application for Renewal and
Expansion of American Pyrotechnics Association (APA) Exemption From the
14-Hour Rule During Independence Day Celebrations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for renewal and expansion of exemption;
request for comments.
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SUMMARY: The American Pyrotechnics Association (APA) has requested a
renewal for 50 APA member-companies of its exemption from FMCSA's
regulation prohibiting drivers of commercial motor vehicles (CMVs) from
driving after the 14th hour after coming on duty, and the expansion of
its exemption to 5 additional carriers. The exemption would apply
solely to the operation of CMVs by these 55 APA-member companies in
conjunction with staging fireworks shows celebrating Independence Day
during the periods June 28-July 8, 2015, and June 28-July 8, 2016,
inclusive. During these two periods, approximately 3,200 CMVs and
drivers employed by these companies would be allowed to exclude off-
duty and sleeper-berth time of any length from the calculation of the
14-hour driving window. 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.
[[Page 18691]]
DATES: If granted, this exemption would be effective during the periods
of June 28, 2015, through July 8, 2015, inclusive, and June 28, 2016,
through July 8, 2016, inclusive. The exemption would expire on July 8,
2016 at 11:59 p.m. Comments must be received on or before May 7, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2007-28043 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: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION 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:
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 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 period of up to 2 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. 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, was previously granted an exemption for 50 of the 55 APA
member-companies during the Independence Day periods in 2013 and 2014.
The APA held similar 2-year exemptions during Independence Day periods
from 2005 through 2014. The 2013-2014 exemption expired on July 9,
2014. Like the other 50 member-companies that operated under the 2013-
2015 exemption, the 5 additional member-companies would be subject to
all of the terms and conditions of the exemption.
The initial APA exemption application for relief from the 14-hour
rule was submitted in 2004; a copy of the application is in the docket.
That application fully describes the nature of the pyrotechnic
operations of the CMV drivers employed by APA member-companies during a
typical Independence Day period.
As stated in APA's 2004 request, the CMV drivers employed by APA
member-companies 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 very
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 states that it is 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 under the current HOS rules, APA states that its member-
companies would be required to hire a second driver for most trips. The
APA advises that the result would be a substantial increase in the cost
of the fireworks shows--beyond the means of many of its members'
customers--and that many Americans would be denied this important
component of the celebration of Independence Day. The 55 APA-member
companies within the scope of this exemption request are listed in an
appendix to this notice. A copy of the request for the exemption is
included in the docket referenced at the beginning of this notice.
Method To Ensure an Equivalent or Greater Level of Safety
The APA believes that renewal of the exemption 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 time provided by the exemption, 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.
As a condition of 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 its 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.
In its exemption request, APA asserts 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. 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
[[Page 18692]]
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)
is proposed to be effective June 28 through July 8, 2015, inclusive,
and from June 28 through July 8, 2016, inclusive. The exemption would
expire on July 8, 2016, at 11:59 p.m. local time.
Extent of the Exemption
This exemption would be restricted to drivers employed by the 55
motor carriers listed in the appendix to this notice. 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 this exemption
would be able to exclude off-duty and sleeper-berth time of any length
from the calculation of the 14-hour limit. This 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 exception. The exemption would be
further contingent on each driver having a full 10 consecutive hours
off duty following 14 hours on duty prior to beginning a new driving
period. 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
During the periods the exemption would be in effect, no State would
be allowed to enforce any law or regulation that conflicted with or
with inconsistent with this exemption with respect to a person or
entity operating under the exemption (49 U.S.C. 31315(d)).
FMCSA Notification
Exempt motor carriers would be 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 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
which is closest to the scene of the accident,
c. Driver's name and driver's 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 the total on-duty time of the CMV
driver at the time of the accident.
Termination
The FMCSA does not believe the motor carriers and drivers covered
by this exemption, if granted, would experience any deterioration of
their safety record. However, should this occur, FMCSA would 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. Exempt motor carriers
and drivers would be subject to FMCSA monitoring while operating under
this exemption.
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comments on the APA's requested exemption from the
requirements of 49 CFR 395.3(a)(2). The FMCSA will review all comments
received and determine whether approval of the exemption is consistent
with the requirements of 49 U.S.C. 31315.
Issued on: April 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.
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 50 Motor Carriers
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City, state, zip
Motor carrier Street address code DOT No.
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1 American 7041 Darrow Road Hudson, OH 44236 103972
Fireworks
Company.
2 American P.O. Box 980.... Oxford, NY 13830 2115608
Fireworks
Display, LLC.
3 AM Pyrotechnics, 2429 East 535th Buffalo, MO 1034961
LLC. Rd. 65622.
4 Atlas PyroVision 136 Old Sharon Jaffrey, NH 789777
Entertainment Rd. 03452.
Group, Inc.
5 Central States 18034 Kincaid Athens, IL 62613 1022659
Fireworks, Inc. Street.
6 Colonial 5225 Telegraph Toledo, OH 43612 177274
Fireworks Road.
Company.
7 East Coast 4652 Catawba Catawba, SC 545033
Pyrotechnics, River Rd. 29704.
Inc.
8 Entertainment 13313 Reeder Tenino, WA 98589 680942
Fireworks, Inc. Road SW.
9 Falcon Fireworks 3411 Courthouse Guyton, GA 31312 1037954
Road.
10 Fireworks & 12650 Hwy 67S. Lakeside, CA 908304
Stage FX Suite B. 92040.
America.
11 Fireworks by 20 Pinehurst Bellport, NY 324490
Grucci, Inc. Drive. 11713.
12 J&J Computing 174 Route 17 Rochelle Park, 2064141
dba Fireworks North. NJ 07662.
Extravaganza.
13 Fireworks West 910 North 3200 Logan, UT 84321. 245423
Internationale. West.
14 Garden State 383 Carlton Road Millington, NJ 435878
Fireworks, Inc. 07946.
15 Gateway P.O. Box 39327.. St Louis, MO 1325301
Fireworks 63139.
Displays.
16 Great Lakes 24805 Marine.... Eastpointe, MI 1011216
Fireworks. 48021.
17 Hamburg 2240 Horns Mill Lancaster, OH... 395079
Fireworks Road SE.
Display, Inc.
18 Hawaii 17-7850 N. Mountain View, 1375918
Explosives & Kulani Road. HI 96771.
Pyrotechnics,
Inc.
19 Hi-Tech FX, LLC. 18060 170th Ave. Yarmouth, IA 1549055
52660.
20 Hollywood 1567 Antler Eagan, MN 55122. 1061068
Pyrotechnics, Point.
Inc.
21 Homeland P.O. Box 7...... Jamieson, OR 1377525
Fireworks, Inc. 97909.
22 Island Fireworks N1597 County Rd Hager City, WI 414583
Co., Inc. VV. 54014.
23 J&M Displays, 18064 170th Ave. Yarmouth, IA 377461
Inc. 52660.
24 Lantis 130 Sodrac Dr., N. Sioux City, 534052
Fireworks, Inc. Box 229. SD 57049.
25 Legion Fireworks 10 Legion Lane.. Wappingers 554391
Co., Inc. Falls, NY 12590.
26 Miand Inc. dba P.O. Box 294, Kingsbury, IN 777176
Planet 3999 Hupp Road 46345.
Productions R31.
(Mad Bomber).
[[Page 18693]]
27 Martin & Ware P.O. Box 322.... Hallowell, ME 734974
Inc. dba Pyro 04347.
City Maine &
Central Maine
Pyrotechnics.
28 Melrose 1 Kinsgubury Kingsbury, IN 434586
Pyrotechnics, Industrial Park. 46345.
Inc.
29 Precocious 4420-278th Ave Belgrade, MN 435931
Pyrotechnics, NW. 56312.
Inc.
30 Pyro Engineering 400 Broadhollow Farmindale, NY 530262
Inc., dba/Bay Rd. Ste #3. 11735.
Fireworks.
31 Pyro Shows Inc.. P.O. Box 1776... LaFollette, TN 456818
37766.
32 Pyro 3196 N Locust Rialto, CA 92376 029329
Spectacluars, Ave.
Inc.
33 Pyro 5301 Lang Avenue McClellan, CA 1671438
Spectaculars 95652.
North, Inc.
34 Pyrotechnic 8450 W. St. Frankfort, IL 1929883
Display, Inc. Francis Rd. 60423.
35 Pyrotecnico (S. 302 Wilson Rd... New Castle, PA 526749
Vitale 16105.
Pyrotechnic
Industries,
Inc.).
36 Pyrotecnico, LLC 60 West Ct...... Mandeville, LA 548303
70471.
37 Pyrotecnico FX.. 6965 Speedway Las Vegas, NV 1610728
Blvd. Suite 115. 89115.
38 Rainbow 76 Plum Ave..... Inman, KS 67546. 1139643
Fireworks, Inc.
39 RES Specialty 21595 286th St.. Belle Plaine, MN 523981
Pyrotechnics. 56011.
40 Rozzi's Famous 11605 North Loveland, OH 0483686
Fireworks, Inc. Lebanon Rd. 45140.
41 Skyworks, Ltd... 13513 W. Carrier Carrier, OK 1421047
Rd. 73727.
42 Spielbauer 220 Roselawn Green Bay, WI 046479
Fireworks Co, Blvd. 54301.
Inc.
43 Starfire 682 Cole Road... Carrolltown, PA 554645
Corporation. 15722.
44 Vermont 2235 Vermont East Montpelier, 310632
Fireworks Co., Route 14 South. VT 05651.
Inc./Northstar
Fireworks Co.,
Inc.
45 Western Display 10946 S. New Era Canby, OR 97013. 498941
Fireworks, Ltd. Rd.
46 Western P.O. Box 160.... Carrier, OK 203517
Enterprises, 73727.
Inc.
47 Western 14592 Ottaway Aurora, OR 97002 838585
Fireworks, Inc. Road NE.
48 Wolverine 205 W Seidlers.. Kawkawlin, MI... 376857
Fireworks
Display, Inc.
49 Young Explosives P.O. Box 18653.. Rochester, NY 450304
Corp.. 14618.
50 Zambelli P.O. Box 1463... New Castle, PA 033167
Fireworks MFG, 16103.
Co., Inc.
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Appendix to Notice of Application for Renewal of American Pyrotechnics
Association Exemption From the 14-Hour HOS Rule During 2015 and 2016
Independence Day Celebrations for 5 Motor Carriers Not Previously
Exempted
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City, state, zip
Motor carrier Street address code DOT No.
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1 Pyro Shows of 6601 9 Mile Azle Fort Worth, TX 2432196
Texas, Inc. Rd. 76135.
2 Sorgi American 935 Wales Ridge Wales, MI 48027. 2475727
Fireworks Rd.
Michigan, LLC.
3 Spirit of 76.... 6401 West Hwy 40 Columbia, MO 2138948
65202.
4 USA Halloween 7800 Record Indianapolis, IN 725457
Planet Inc. dba Street, Suite A. 46226.
USA Fireworks.
5 Arthur Rozzi 6607 Red Hawk Ct Maineville, OH 2008107
Pyrotechnics. 45039.
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[FR Doc. 2015-07906 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 4910-EX-P