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 |
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Larry W. Minor
Federal Motor Carrier Safety Administration
16 March 2016
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14208-14210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05907]
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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 requested the exemption for the
period of June 28-July 8, for the next five years (2016-2020)
inclusive. The applicants were previously granted an exemption for
drivers of 50 CMVs during the Independence Day period of June 28, 2015-
July 8, 2015. 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
proposed periods. During these 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: Comments must be received on or before April 15, 2016.
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: www.regulations.gov. Follow
the online 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., between 9 a.m. and 5 p.m.,
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 on-line FDMS 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 acknowledgement 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: 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:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2014-0111), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2014-0111'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to
[[Page 14209]]
www.regulations.gov and insert the docket number, ``FMCSA-2014-0111''
in the ``Keyword'' box and click ``Search.'' Next, click ``Open Docket
Folder'' button and choose the document listed to review. If you do not
have access to the Internet, you may view the docket online by visiting
the Docket Management Facility 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., e.t., Monday through Friday, except
Federal holidays.
II. Legal Basis
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)).
III. 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
previously granted exemptions during the Independence Day period of
June 28-July 8, 2015. 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.
The applicants request a renewal of its exemption for the period of
June 28-July 8, for the next five years (2016-2020) inclusive. Section
5206(a)(2) of the ``Fixing America's Surface Transportation Act'' (FAST
Act) [Pub. L. 114-94, 129 Stat. 1312, Dec. 4, 2015], effective October
1, 2015, permits exemptions for no longer than five years from their
dates of inception.
As stated in the applicants' request, CMV drivers employed by the
applicants 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 2016-2020
Independence Day periods 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.
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.
IV. 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 2015 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.
V. 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 for June 28-July 8, for the next five years
(2016-2020 inclusive). The exemption would expire on June 27, 2021 at
11:59 p.m. local time, 5 years from its inception.
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 would be required to
maintain a valid CDL with the appropriate 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 would
be allowed to enforce any law or regulation
[[Page 14210]]
that conflicted with or was 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 would have to include the following information:
a. Exemption Identity: ``Illumination Fireworks'' or ``Ace Pyro''
b. Name of operating motor 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 driver's license number and State of issuance,
f. Vehicle number and State license plate 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 driver's total driving time and total on-duty time period
prior to the accident.
Accidents would be reported via email to MCPSD@DOT.GOV.
Issued on: March 1, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05907 Filed 3-15-16; 8:45 am]
BILLING CODE 4910-EX-P