[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Pages 24069-24072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12057]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-28043]
Hours of Service (HOS) of Drivers; Renewal of American
Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During
Independence Day Celebrations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
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SUMMARY: FMCSA announces its decision to renew the exemption of the
American Pyrotechnics Association (APA) from FMCSA's regulation that
drivers of commercial motor vehicles (CMVs) may not drive after the
14th hour after coming on duty. The exemption for 61 motor carriers and
approximately 3,000 CMV drivers is applicable during the periods June
28-July 8, 2009, and June 28-July 8, 2010, inclusive. Drivers who
operate 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 hours. These drivers
will continue to be subject to the 11-hour driving time limit, and the
60- and 70-hour on-duty limits. FMCSA believes that with the terms and
conditions in place, APA members will 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 renewed exemption is effective during the periods of June
28, 2009, through July 8, 2009, inclusive, and June 28, 2010, through
July 8, 2010, inclusive. The exemption expires on July 9, 2010.
Comments must be received on or before June 8, 2009.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number 2007-28043 by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the Online instructions for submitting comments.
Telefax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., 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 Ave., SE., Washington, DC 20590, between
9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal
holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
Online instructions for accessing the dockets, or go to the street
address listed above.
Privacy Act: You may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19476) or you may visit http://DocketInfo.dot.gov.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You may obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments Online. Comments received after the
comment closing date will be included in the docket, and we will
consider late comments to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas L. Yager, Chief, FMCSA
Driver and Carrier Operations Division, Office of Bus and Truck
Standards and Operations; Telephone: 202-366-4325, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption
from the hours of service (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. FMCSA has evaluated the APA application for a renewal on its
merits and decided to renew the exemption for the 61 companies
requested for a two-year period. The list of APA member companies
covered by the exemption from 49 CFR 395.3(a)(2) is included as an
Appendix to this Notice.
APA Application for Exemption Renewal
The HOS rules in 49 CFR 395.3(a)(2) prohibit a property-carrying
CMV driver from driving after the 14th hour after coming on duty
following 10 consecutive hours off duty. APA, a trade association
representing the domestic fireworks industry, has applied for renewal
of an exemption from this subsection. A copy of the request for renewal
is included in the docket referenced at the beginning of this notice. A
copy of APA's original request for exemption, submitted in December
2004, is also in the docket.
As stated in APA's 2004 request for exemption, the CMV drivers
employed by APA members are trained pyrotechnicians, and hold a
commercial driver's license (CDL) with hazardous materials (HM)
endorsement. They transport fireworks and equipment by CMV on a very
demanding schedule during a brief Fourth of July period, often to
remote locations. After they arrive, the APA drivers set up and stage
fireworks shows.
In 2007, FMCSA granted this exemption to certain APA members for
property-carrying CMV transportation associated with the Independence
Day fireworks displays in 2007 and 2008. The exemption was limited to
the period from June 28 to July 6, inclusive, in 2007 and 2008 (72 FR
28755, May 22, 2007).
APA is seeking renewal of this exemption for the 2009 and 2010
Independence Day periods because compliance with the current 14-hour
rule 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 under the current HOS
rules, APA member companies 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 APA's customers--
and that many Americans would be denied this important component of the
celebration of Independence Day.
[[Page 24070]]
APA is requesting that the renewed exemption extend 4 days after
Independence Day in 2009 and 2010, instead of the 2 days as in past
years. This is to take into consideration that Independence Day is on a
weekend in 2009 and 2010, which causes some communities to schedule
their fireworks displays on different dates. This also provides for
``rain dates'' that may be scheduled.
Method To Ensure an Equivalent or Greater Level of Safety
APA believes that renewal of the exemption will not adversely
affect the safety of the fireworks transportation provided by these
motor carriers. According to the APA, its member motor carriers have
operated under this exemption for four 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 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.
In its original exemption request, APA argued 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. 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 shoot. During this time, the drivers are
able to rest and nap, thereby reducing or eliminating the fatigue
accumulated during the day. After the shoot, they drive the CMV to the
point of origin. This occurs late in the evening, and thus avoids heavy
traffic. Before beginning another duty day, these drivers must take 10
consecutive hours off-duty, the same as other CMV drivers. FMCSA
believes that these APA operations, conducted under the terms and
conditions of this limited exemption, will provide a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption.
Terms and Conditions of the Exemption
Period of the Exemption
The exemption from the requirements of 49 CFR 395.3(a)(2) is
effective June 28 through July 8, 2009, inclusive, and from June 28
through July 8, 2010, inclusive. The exemption expires on July 9, 2010.
Extent of the Exemption
This exemption is restricted to drivers employed by the 61
companies, firms and entities listed in the appendix to this notice.
The drivers are entitled to a limited exemption from the requirements
of 49 CFR 395.3(a)(2). This regulation currently prohibits a driver
from driving 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. This exemption is
contingent on each driver driving no more than 11 hours in a 14-hour
period. The exemption is further contingent on each driver having a
full 10 consecutive hours off duty following 14 hours on duty prior to
beginning a new driving period. The drivers must comply with all other
requirements of 49 CFR part 395.
Preemption
During the periods the exemption is in effect, no State shall
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.
FMCSA 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. Date of the accident,
b. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
c. Driver's name and driver's license number,
d. Vehicle number and State license number,
e. Number of individuals suffering physical injury,
f. Number of fatalities,
g. The police-reported cause of the accident,
h. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
i. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.
Termination
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.
FMCSA will immediately revoke the exemption for failure to comply with
its terms and conditions. Exempt motor carriers and drivers are subject
to FMCSA monitoring while operating under this exemption.
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comments on APA's request for a renewal of its
exemption from the requirements of 49 CFR 395.3(a)(2). FMCSA will
review all comments received and determine whether the renewal of the
exemption is consistent with the requirements of 49 U.S.C. 31315 and
31136(e). Comments received after the comment closing date will be
filed in the public docket and will be considered to the extent
practicable.
FMCSA believes the requirements for a renewal of an exemption under
49 U.S.C. 31315 and 31136(e) can be satisfied by initially granting the
renewal and then requesting and subsequently evaluating comments
submitted by interested parties.
Interested parties or organizations possessing information that
would otherwise show that any or all of these APA member companies are
not achieving the requisite statutory level of safety should
immediately notify FMCSA. The Agency will evaluate any information
submitted and, if safety is being compromised or if the continuation of
the exemption is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e),
FMCSA will immediately take steps to revoke the exemption of the
company or companies and drivers in question.
Issued on: May 18, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[[Page 24071]]
Appendix to Notice of Renewal of American Pyrotechnics Association (APA)
Exemption From the 14-Hour HOS Rule During 2009 and 2010 Independence
Day Celebrations
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Motor carrier Address DOT No.
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Alonzo Fireworks Display, Inc.... 12 County Rd 75, 420639
Mechanicsville, NY
12118.
American Promotional Events, 555 North Gilbert 564520
Inc.--West/TNT Fireworks. Street, Fullerton, CA
92833.
American Promotional Events, 4511 Helton Drive, 0121384
Inc.--East Coast/TNT Fireworks. Florence, AL 35630.
American Promotional Events-- 2120 Milwaukee Way, 013086
Northwest/TNT Fireworks. Tacoma, WA 98421.
Arrowhead Fireworks Co., Inc..... 3625 Normanna Rd., 125673
Duluth, MN 55803.
Atlas Enterprises Inc............ 6601 Nine Mile Azle Rd., 0116910
Fort Worth, TX 76135.
Atomic Fireworks................. 3660 W. Sunshine, 130200
Springfield, MO.
Atomic Fireworks................. 999 Sumter Highway, 446835
Bishopville, SC.
Atomic Fireworks................. P.O. Box 190, South 095166
Pittsburg, TN.
B.J. Alan Company................ 555 Martin Luther King, 262140
Jr Blvd., Youngstown,
OH 44502.
Central States Fireworks, Inc.... 18034 Kincaid Street, 1022659
Athens, IL 62613.
Colonial Fireworks Company....... 5225 Telegraph Road, 177274
Toledo, OH 43612.
Falcon Fireworks................. 3411 Courthouse Road, 1037954
Guyton, GA 31312.
Fireworks & Stage FX America..... P.O. Box 488, Lakeside, 908304
CA 92040.
Fireworks by Grucci, Inc......... 1 Grucci Lane, 324490
Brookhaven, NY 11719.
Fireworks Productions, Inc....... P.O. Box 294, Maryland 464796
Line, MD.
Garden State Fireworks, Inc...... 383 Carlton Road, 435878
Millington, NJ 07946.
Galaxy Fireworks, Inc............ 204 E. MLK Jr Blvd., 809731
Tampa, FL 33603.
Gateway Fireworks Displays....... P.O. Box 39327, St 1325301
Louis, MO 63139.
Global Pyrotechnics Solutions, 10476 Sunset Drive, 1183902
Inc. Dittmer, MO 63023.
Hamburg Fireworks Display, Inc... 4300 Logan Lancaster 395079
Rd., Lancaster, OH.
Ingram Enterprises dba Fireworks 6597 W. Independence 0268419
over America. Drive, Springfield, MO
65802.
International Fireworks Mfg. Co.. 242 Sycamore Road, 385065
Douglasville, PA 19518.
Island Fireworks Company......... N735 825th St., Hager 414583
City, WI 54014.
J&M Displays, Inc................ 18064 170th Ave., 377461
Yarmouth, IA 52660.
Jake's Fireworks/Fireworks 2311 A West 4th St., 449599
Spectacular. Pittsburg, KS 66762.
July 4 Ever...................... 382 Rock Cut Rd., 803442
Walden, NY 12586.
Kellner's Fireworks, Inc......... 478 Old Rte 8, 481553
Harrisville, PA.
Lantis Fireworks and Lasers...... P.O. Box 491, Draper, UT 195428
84202.
Lantis Fireworks, Inc............ 130 Sodrac Dr., N Sioux 534052
City, SD 57049.
Legion Fireworks Co., Inc........ 10 Legion Lane, 554391
Wappingers Falls, NY
12590.
Lew's Fireworks, Inc............. 45788 U.S. Hwy 212, 333792
Watertown, SD 57201.
Mad Bomber/Planet Productions.... P.O. Box 294, Kingsbury, 777176
IN 46345.
Melrose Display Company.......... 7620 Little Mount Rd., 434586
Taylorsville, KY 40071.
Melrose North Pyrotechnics....... 9405 River Rd., SE., 434586
Clear Lake, MN 55319.
Melrose Pyrotechnics, Inc........ P.O. Box 302, Kingsbury, 434586
IN 46345.
Melrose South Pyrotechnics....... 4652 Catawga River Rd., 545033
Catawga, SC 29704.
Montana Display, Inc............. 9480 Inspiration Drive, 1030231
Missoula, MT 59808.
Precocious Pyrotechnics, Inc..... 4420 278th Ave., NW., 435931
Belgrade, MN 56312.
Pyro Engineering Inc., dba/Bay 110 Route 110, Suite 530262
Fireworks. 102, Huntington
Station, NY 11746.
Pyro Shows, Inc.................. 701 W. Central Ave., 456818
LaFollette, TN 37766.
Pyro Spectaculars, Inc........... 3196 N. Locust Ave., 029329
Rialto, CA 92376.
Pyrotechnics by Presutti, Inc.... P.O. Box 42, St 51974
Clairsville, OH 43950.
Pyrotecnico...................... 302 Wilson Rd., New 526749
Castle, PA 16105.
Pyrotecnico of Louisiana, LLC.... 60 West Ct., Mandeville, 548303
LA 70471.
RES Specialty Pyrotechnics....... 21595 286th St., Belle 523981
Plaine, MN 56011.
Rich Brothers Company............ 700 S. Marion Rd., Sioux 001356
Falls, SD 57106.
Rozzi's Famous Fireworks, Inc.... 11605 North Lebanon Rd., 0483686
Loveland, OH 45140.
Skyworks, Ltd.................... 13513 W. Carrier Rd., 1421047
Carrier, OK 73727.
Spielbauer Fireworks Co, Inc..... 220 Roselawn Blvd., 046479
Green Bay, WI 54301.
Stonebraker-Rocky Mountain 5650 Lowell Blvd., Unit 0029845
Fireworks Co. E, Denver, CO 80221.
Thunder Fireworks................ 5207 187th St., E, 463284
Tacoma, WA 98446.
Vermont Fireworks Co., Inc./ 2235 Vermont Route 14 310632
Northstar Fireworks Co., Inc. South, East Montpelier,
VT 05651.
Wald & Co., Inc.................. P.O. Box 319, Greenwood, 087079
MO 64034.
Walt Disney Entertainment........ 5700 Maple Road, Lake 148477
Buena Vista, FL 32830.
Western Enterprises, Inc......... P.O. Box 160, Carrier, 203517
OK 73727.
Western Fireworks, Inc........... 14592 Ottaway Rd., NE., 838585
Aurora, OR 97002.
Winco Fireworks Int. LLC......... 1992 NW Hwy 50, Lone 259688
Jack, MO.
Wolverine Fireworks Display, Inc. 205 W. Seidlers, 376857
Kawkawlin, MI.
Young Explosives Corp............ P.O. Box 18653, 450304
Rochester, NY.
Zambelli Fireworks MFG Co., Inc.. P.O. Box 1463, New 033167
Castle, PA 16103.
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[[Page 24072]]
[FR Doc. E9-12057 Filed 5-21-09; 8:45 am]
BILLING CODE 4910-EX-P