[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 24160-24161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9148]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-21104]


Hours of Service of Drivers; American Pyrotechnics Association 
Application for an Exemption From the 14-Hour Rule During Independence 
Day Celebrations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

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

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on the American Pyrotechnics Association's 
application for an exemption from the prohibition against driving a 
commercial motor vehicle (CMV) after the 14th hour of coming on duty. 
The exemption would be applicable for a period beginning 7 days prior 
to, and 2 days immediately following Independence Day. Fireworks 
personnel who operate CMVs in conjunction with staging fireworks shows 
celebrating Independence Day would be allowed to exclude off-duty and 
sleeper berth time of any length in the calculation of the 14 hours. 
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 weekly limits. APA believes the exemption would achieve 
a level of safety equivalent to what would be provided by compliance 
with the 14-hour rule as it applies to other drivers of property-
carrying vehicles.

DATES: Comments must be received on or before June 6, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2005-21140 by any of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to http://dms.dot.gov including any personal 
information provided. Please see the Privacy Act heading for further 
information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov and/or Room PL-401 on the 
plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of DOT's dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, or other 
entity). You may review DOT's complete Privacy Act Statement in the 
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also 
available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Robert F. Schultz, Jr., Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, MC-PSD, (202) 366-4009, Federal Motor Carrier Safety 
Administration, 400 Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide FMCSA with authority to grant exemptions from 
its safety regulations. On December 8, 1998, the Federal Highway 
Administration's Office of Motor Carriers, the predecessor to FMCSA, 
published an interim final rule implementing section 4007 (63 FR 
67600). On August 20, 2004, FMCSA published a Final Rule (69 FR 51589) 
on this subject. By this rule, FMCSA must publish a notice of each 
exemption request in the Federal Register (49 CFR part 381). The agency 
must provide the public with 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 must then examine the safety analyses and the public 
comments, and determine whether the exemption would achieve a level of 
safety equivalent to, or greater than, the level that would be achieved 
by complying with the current regulation (49 CFR 381.305). The Agency's 
decision must be published in the Federal Register (49 CFR 381.315(b)). 
If the agency denies the request, it must state the reason for doing 
so. If the decision is to grant the exemption, the notice must specify 
the person or class of persons receiving the exemption, and the 
regulatory provision or provisions from which an exemption is being 
granted. The notice must also specify the effective period of the 
exemption (up to two years), and explain the terms and conditions of 
the exemption. The exemption may be renewed (49 CFR 381.300(b)).

APA's Application for an Exemption

    APA has requested an exemption from FMCSA's prohibition against 
drivers of property-carrying CMVs operating such vehicles after the 
14th hour of coming on duty [49 CFR 395.3(a)(2)]. Fireworks personnel 
covered by the exemption would be allowed to exclude off-duty and 
sleeper berth time of any length in the calculation of the 14-hour 
rule. Drivers would not be allowed to drive after the accumulation of 
14 hours of on-duty time, following 10 consecutive hours off duty. The 
exemption would be applicable to approximately 3,000 drivers 
responsible for operating about 3,000 commercial motor vehicles. A copy 
of the application for an exemption, which includes a list of all the 
motor carriers that would be covered by it, is included in the docket 
referenced at the beginning of this notice.
    APA, a trade association representing the domestic fireworks 
industry argues that full compliance with the current hours-of-service 
regulations during the brief period surrounding Independence

[[Page 24161]]

Day would impose a substantial economic hardship on its members that 
operate fireworks for the public. This period is the busiest time of 
the year for these companies. APA members are engaged to stage multiple 
shows in celebration of Independence Day, during a compressed 
timeframe.
    The drivers that would be covered by the exemption are trained 
pyrotechnicians, each holding a commercial drivers' license (CDL) with 
a hazardous materials endorsement. These drivers transport fireworks 
and equipment to remote locations to meet demanding schedules. APA 
indicated that under the hours-of-service requirements in effect prior 
to January 4, 2004, the pyrotechnicians could meet their schedules 
without exceeding the limits, and without experiencing any crashes or 
hazardous materials incidents. By contrast, under the new regulations, 
the pyrotechnicians would be unable to meet typical holiday schedules, 
and fireworks companies would be forced to hire a second driver for 
most trips. Or, fireworks companies would be forced to decrease 
significantly their engagements. APA argues both options are 
economically detrimental for its members, and would deny many Americans 
the primary component of their Independence Day celebration.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA is 
requesting public comment from all interested persons on the APA 
application for exemption from 49 CFR 395.3(a)(2). 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 address 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, the 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.

    Authority: 49 U.S.C. 31136 and 31315; and 49 CFR 1.73.

    Issued on: April 28, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-9148 Filed 5-5-05; 8:45 am]
BILLING CODE 4910-EX-P