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Hours of Service (HOS) of Drivers; Application by American Pyrotechnics Association for Exemptions From the 14-Hour Rule and the Electronic Logging Device Rule During Independence Day Celebrations Publication: Federal Register Signing Official: Larry W. Minor Agency: Federal Motor Carrier Safety Administration Date: 8 July 2022  
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[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40874-40876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14510]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0052]
Hours of Service (HOS) of Drivers; Application by American
Pyrotechnics Association for Exemptions From the 14-Hour Rule and the
Electronic Logging Device Rule During Independence Day Celebrations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemptions; request for comments.
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SUMMARY: FMCSA announces that it has received an application from the
American Pyrotechnics Association (APA) requesting exemptions from
certain hours of service (HOS) regulations. Previous similar exemptions
expired on July 8, 2021, and APA now requests the exemptions on behalf
of 45 member companies. The exemptions would allow drivers to exclude
off-duty and sleeper berth time of any length from the calculation of
the 14-hour limit and to use paper records of duty status (RODS) in
lieu of an electronic logging device (ELD) during the designated
Independence Day periods. The requests are for the transportation of
pyrotechnics from June 28 through July 8 of every year from 2022
through 2026.
DATES: Comments must be received on or before August 8, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket ID FMCSA-2021-0052 using 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 Operations, 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., ET,
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2021-0052) 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. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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
https://www.transportation.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, (202) 366-4225 or by email at MCPSD@dot.gov.
If you have questions on viewing or submitting material to the docket,
contact Dockets Operations, (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-2021-0052), 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-2021-0052'') in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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
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 Agency must
publish its decision 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 specify the effective period and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
[[Page 40875]]
III. Applicant's Requests
APA requests renewal of its HOS exemptions from the 14-hour rule in
49 CFR 395.3(a)(2) and the ELD rule in 49 CFR 395.8(a)(1)(i) for 42 of
60 companies included in the 2021 HOS exemptions, which expired on July
8, 2021 [86 FR 34834]. The application also requests the exemptions on
behalf of 3 additional companies not included in the 2021 HOS
exemptions. A copy of the request and additional correspondence
modifying the request are in the docket at the beginning of this
notice.
APA member companies have held waivers or exemptions during
Independence Day periods each year since 2005. Copies of the initial
request for an exemption, subsequent renewal requests, and all public
comments received may be reviewed at www.regulations.gov under docket
numbers FMCSA-2005-21104, FMCSA-2007-28043, FMCSA-2018-0140, and FMCSA-
2021-0052.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on APA's application for exemptions
from 49 CFR 395.3(a)(2) and 395.8(a)(1)(i). All comments received
before the close of business on the comment closing date indicated at
the beginning of this notice will be considered and will be available
for examination in the docket at the location listed under the
Addresses section of this notice. Comments received after the comment
closing date will be filed in the public docket and will be considered
to the extent practicable. In addition to late comments, FMCSA will
also continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
Appendix to Notice of Applications for Renewal of APA Exemptions From
the 14-Hour and ELD HOS Rules for Independence Day Periods
June 28, 2022 Through July 8, 2026, for 45 Motor Carriers
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City, state,
Motor carrier Street address zip code DOT No.
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1 American 105 County McDonough, NY 2115608
Fireworks Route 7. 13801.
Display, LLC.
2 AM Pyrotechnics, 2429 East 535th Buffalo, MO 1034961
LLC. Rd. 65622.
3 Arthur Rozzi 6607 Red Hawk Maineville, OH 2008107
Pyrotechnics. Ct. 45039.
4 Artisan 82 Grace Road.. Wiggins, MS 1898096
Pyrotechnics, 39577.
Inc.
5 Atlas PyroVision 136 Sharon Road Jaffrey, NH 789777
Entertainment 03452.
Group, Inc.
6 Celebration 7911 7th Street Slatington, PA 1527687
Fireworks, Inc. 18080.
7 *CP Transport, 6377 Hwy. 62 NE Lanesville, IN 3076205
LLC. 47136.
8 Dominion 669 Flank Road. Petersburg, VA 540485
Fireworks, Inc. 23805.
9 Falcon Fireworks 3411 Courthouse Guyton, GA 1037954
Road. 31312.
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 Aluminum King 700 E Van Buren Mitchell, IA 420413
Mfg., Ltd. dba Street. 50461.
Flashing
Thunder
Fireworks.
13 Great Lakes 24805 Marine... Eastpointe, MI 1011216
Fireworks. 48021.
14 Hale Artificier, 3185 East US Lexington, NC 981325
Inc. Hwy. 64. 27292.
15 Hamburg 2240 Horns Mill Lancaster, OH.. 395079
Fireworks Road SE.
Display, Inc.
16 Hollywood 1567 Antler Eagan, MN 55122 1061068
Pyrotechnics, Point.
Inc.
17 J&J Computing 174 Route 17 Rochelle Park, 2064141
dba Fireworks North. NJ 07662.
Extravaganza.
18 J&M Displays, 18064 170th Ave Yarmouth, IA 377461
Inc. 52660.
19 Johnny Rockets 3240 Love Rock. Steger, IL 1263181
Fireworks 60475.
Display Company.
20 Las Vegas 4325 West Reno Las Vegas, NV 3060878
Display Ave. 89118.
Fireworks, Inc.
21 Legion Fireworks 10 Legion Lane. Wappingers 554391
Co., Inc. Falls, NY
12590.
22 Martin & Ware P.O. Box 322... Hallowell, ME 734974
Inc. dba Pyro 04347.
City Maine &
Central Maine
Pyrotechnics.
23 Miand Inc. dba P.O. Box 294, Kingsbury, IN 777176
Planet 3999 Hupp Road 46345.
Productions R31.
(Mad Bomber).
24 Montana Display 9480 Missoula, MT 1030231
Fireworks, Inc. Inspiration 59808.
Road.
25 *Pyro 2083 Helms Road Rehobeth, AL 3723192
Productions Inc. 36301.
26 *Pyro Shows East 4652 Catawba Catawba, SC 3709087
Coast. River Road. 29704.
27 Pyro Shows, Inc. 115 N 1st LaFollette, TN 456818
Street. 37766.
28 Pyro Shows of 3325 Poplar Adamsville, AL 2859710
Alabama, Inc. Lane. 35005.
29 Pyro Shows of 6601 9 Mile Fort Worth, TX 2432196
Texas, Inc. Azle Rd. 76135.
30 Pyro 3196 N Locust Rialto, CA 029329
Spectaculars, Ave. 92376.
Inc.
31 Pyro 5301 Lang McClellan, CA 1671438
Spectaculars Avenue. 95652.
North, Inc.
32 Pyrotecnico 299 Wilson Rd.. New Castle, PA 526749
Fireworks Inc. 16105.
33 Rainbow 76 Plum Ave.... Inman, KS 67546 1139643
Fireworks, Inc.
34 RES Specialty 21595 286th St. Belle Plaine, 523981
Pyrotechnics MN 56011.
dba RES Pyro.
35 RKM Fireworks 27383 May St... Edwardsburg, MI 1273436
Company. 49112.
36 Rozzi's Famous 118 Karl Brown Loveland, OH 0483686
Fireworks, Inc. Way. 45140.
37 Santore's World 846 Stillwater Schaghticoke, 2574135
Famous Bridge Road. NY 12154.
Fireworks, LLC.
38 Southern Sky 6181 Denham Rd. Sycamore, GA 3168056
Fireworks, LLC. 31790-2603.
39 Spielbauer 1976 Lane Road. Green Bay, WI 046479
Fireworks Co, 54311.
Inc.
40 Starfire 682 Cole Road.. Carrolltown, PA 554645
Corporation. 15722.
41 Vermont 2235 Vermont East 310632
Fireworks Co., Route 14 South. Montpelier, VT
dba Northstar 05651.
Fireworks Co.,
Inc.
[[Page 40876]]
42 Western Display 10946 S. New Canby, OR 97013 498941
Fireworks, Ltd. Era Rd.
43 Wolverine 205 W Seidlers. Kawkawlin, MI.. 376857
Fireworks
Display, Inc.
44 Young Explosives 2165 New Canandaigua, NY 450304
Corp. Michigan Rd. 14618.
45 Zambelli 120 Marshall Warrendale, PA 033167
Fireworks MFG, Drive. 15086.
Co., Inc.
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[FR Doc. 2022-14510 Filed 7-7-22; 8:45 am]
BILLING CODE 4910-EX-P