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Hours of Service (HOS) of Drivers; American Pyrotechnics Association (APA); Request To Include Additional Member Companies to Current APA HOS Exemptions Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 30 May 2024 Subjects: American Government  , Safety, Trucking
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[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46988-46989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11867]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0052]
Hours of Service (HOS) of Drivers; American Pyrotechnics
Association (APA); Request To Include Additional Member Companies to
Current APA HOS Exemptions
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 extension of its
current exemptions from the Agency's hours-of-service (HOS) regulations
for 12 additional member companies. The request would allow drivers
employed by the 12 member carriers to exclude off-duty and sleeper-
berth time of any length from the calculation of the 14-hour limit. It
would also to allow these drivers to use paper records of duty status
(RODS) in lieu of an electronic logging device (ELD) during the
designated Independence Day periods.
DATES: Comments must be received on or before July 1, 2024.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2021-0052 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: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., 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: If you do not have access to the internet, you may view the
docket by visiting Docket Operations 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., 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, 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. The comments are posted without edit
and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; 1200 New Jersey Avenue SE, Washington, DC
20590-0001; (202) 366-4225; pearlie.robinson@dot.gov. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations at (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-2022-0122), indicate the specific section of this
document to which the comment applies, and provide a reason for your
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-2022-0148'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on the ``Comment''
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.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains
[[Page 46989]]
proprietary information. FMCSA will treat such marked submissions as
confidential under the Freedom of Information Act, and they will not be
placed in the public docket of the notice. Submissions containing CBI
should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division,
Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC
20590-0001 or via email at brian.g.dahlin@dot.gov. At this time, you
need not send a duplicate hardcopy of your electronic CBI submissions
to FMCSA headquarters. Any comments FMCSA receives not specifically
designated as CBI will be placed in the public docket for this notice.
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 the applicant's safety analyses. 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 maintain a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305(a)). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision(s) from
which the applicant will be exempt, the effective period, and all terms
and conditions of the exemption (49 CFR 381.315(c)(1)). If the
exemption is denied, the notice will explain the reasons for the denial
(49 CFR 381.315(c)(2)).
III. Applicant's Request
The APA is a trade association representing the domestic fireworks
industry. In 2022, FMCSA granted the APA exemptions from the
requirements of 49 CFR 395.3(a)(2) and 395.8(a)(1)(i) for 32 of its
member companies through the annual Independence Day periods ending on
July 8, 2024 [87 FR 79935, December 28, 2022]. One of the 32 APA member
companies, Dominion Fireworks Inc., DOT # 540485, no longer requires
the exemptions, leaving the total number of companies currently covered
by the exemptions at 31. APA has requested exemptions for 12 additional
member companies, which would increase the total to 43 if the exemption
request is granted. The 12 additional companies consist of three new
member companies that have not operated under the exemptions, and nine
member companies that previously held such exemptions. If granted, the
exemptions would expire on July 8, 2024. The 12 additional companies,
like the 31 current companies, would be subject to all of the terms and
conditions of the exemptions set forth in the December 28, 2022,
decision (87 FR 79935, 79937). The 12 companies combined are listed in
the appendix table of this notice, including the three new companies,
which are identified by asterisks.
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.
A copy of the APA's application for exemptions is available for
review in the docket for this notice.
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 Application To Include Additional Member to
Current APA Exemptions From the 14-Hour and ELD HOS Rules for
Independence Day Period, June 28 Through July 8, 2024, for 12 Motor
Carriers
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Motor carrier Street address City, state, zip code DOT No.
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1............. *Extreme Logistics.......... 26926 Hardy Run............. Boerne, TX 78015....... 1971328
2............. Hamburg Fireworks Display, 2240 Horns Mill Road SE..... Lancaster, OH 43130.... 395079
Inc.
3............. *Herbie's Famous Fireworks, 1406 Cherokee Falls Rd...... Blacksburg, SC 29702... 0112743
Inc.
4............. J&J Computing dba Fireworks 174 Route 17 North.......... Rochelle Park, NJ 07662 2064141
Extravaganza.
5............. J&M Displays, Inc........... 18064 170th Ave............. Yarmouth, IA 52660..... 377461
6............. Magic in the Sky, LLC....... 27002 Campbellton Road...... San Antonio, TX 78264.. 2134163
7............. Miand Inc. dba Planet P.O. Box 294, 3999 Hupp Road Kingsbury, IN 46345.... 777176
Productions (Mad Bomber). R31.
8............. Rainbow Fireworks, Inc...... 76 Plum Ave................. Inman, KS 67546........ 1139643
9............. RKM Fireworks Company....... 27383 May St................ Edwardsburg, MI 49112.. 1273436
10............ *Special FX Wizard, Inc..... Box 266..................... Mastick Beach, NY 11951 3442905
11............ Starfire Corporation........ 682 Cole Road............... Carrolltown, PA 15722.. 554645
12............ Zambelli Fireworks MFG, Co., 120 Marshall Drive.......... Warrendale, PA 15086... 033167
Inc.
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[FR Doc. 2024-11867 Filed 5-29-24; 8:45 am]
BILLING CODE 4910-EX-P