Hours of Service of Drivers: Application for Exemption; American Pyrotechnics Association

Larry W. Minor
Federal Motor Carrier Safety Administration
24 April 2018

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17877-17878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08506]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0140]


Hours of Service of Drivers: Application for Exemption; American 
Pyrotechnics Association

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that the American Pyrotechnics Association 
(APA) has requested an exemption from the hours-of-service (HOS) 
regulations that require a motor carrier to install and require each of 
its drivers use an electronic logging device (ELD) to record the 
driver's HOS. APA requests the exemption for APA member-companies 
currently holding an exemption from the HOS 14-hour rule during the 
Independence Day celebration season. If granted, these member-companies 
would continue to utilize paper records of duty status (RODS) in lieu 
of utilizing an ELD during the designated Independence Day periods. APA 
believes that the exemption, if granted, would not have any adverse 
impacts on operational safety, as drivers would continue to remain 
subject to the HOS regulations as well as the requirements to maintain 
paper RODS. FMCSA requests public comment on APA's application for 
exemption.

DATES: Comments must be received on or before May 24, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2018-0140 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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.

[[Page 17878]]

    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.
    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 Mr. Tom Yager, Chief, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 614-942-6477. 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-2018-0140), 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 comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2018-0140'' 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.

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 (FMCSRs). 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. Request for Exemption

    The APA reports that it is a national safety and trade association 
of the U.S. fireworks industry, representing manufacturers, importers, 
distributors, wholesalers, retailers, suppliers and professional 
display companies. APA has over 250 member companies. Along with their 
subsidiaries, APA's member-companies are responsible for nearly ninety 
percent of the fireworks manufactured, imported, distributed and 
professionally displayed in the United States.
    According to its application, APA seeks a limited exemption from 
the ELD requirements for member-companies currently holding an HOS 
exemption from the 14-hour rule to continue to maintain paper RODs in 
lieu of utilizing ELDs. Various APA members have held 2-year exemptions 
during Independence Day periods from 2005 through 2014. On May 16, 
2016, the current exemption for APA members was extended to July 8, 
2020, pursuant to section 5206(b)(2)(A) of the Fixing America's Surface 
Transportation (FAST) Act (81 FR 28115).
    APA asserts that granting this exemption is appropriate because 
there is no basis to believe that continuing to allow paper record 
keeping for this limited subset of the regulated community, and for a 
limited period of time, would impact operational safety in any regard. 
In addition, due to the unique nature of the fireworks industry, 
requiring the use of ELDs for this limited seasonal delivery period 
would impose a substantial financial burden on members because it would 
require them to purchase/lease systems for use for only a short period 
every year.
    APA explained that members rely upon intermittent casual drivers 
periodically throughout the year and particularly during the busy 
Independence Day season when industry depends upon short-term rental 
trucks. The fireworks industry is unique in that it rents or leases 
approximately 90% of its vehicles throughout the year for less than 30 
days at a time. However, most rental companies require a minimum rental 
period of 14 to 21 days when APA member companies may only use the 
trucks in commerce for up to 11 days. The mix of vehicles rented 
includes pick-up trucks, cargo vans, city vans and straight trucks less 
than 26,000 GVW. The industry relies heavily upon short-term rental 
trucks to transport and deliver 98% of the 16,000 Independence Day 
fireworks displays nationwide. If granted, the exemption would run 
concurrent with APA's HOS exemption and would expire on July 8, 2020. 
This exemption would only apply when the carriers designated in the APA 
HOS exemption, including revisions, are operating within the specified 
Independence Day periods.
    A copy of APA's application for exemption is available for review 
in the docket for this notice.

    Issued on: April 17, 2018.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2018-08506 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P