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

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

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]

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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.

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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

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

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