[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Notices]
[Pages 30047-30049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10275]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28090]


Hours of Service (HOS) of Drivers; American Pyrotechnics 
Association (APA) 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.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on the American Pyrotechnics Association's

[[Page 30048]]

(APA) application for an exemption from the prohibition against driving 
a commercial motor vehicle (CMV) after the 14th hour of coming on duty. 
The exemption for nine motor carriers would be applicable for a period 
beginning 7 days prior to, and 2 days immediately following 
Independence Day in 2007 and 2008. Fireworks personnel who operate CMVs 
in conjunction with 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 14, 2007.

ADDRESSES: You may submit comments to the DOT Docket Management System 
(DMS), referencing Docket Number FMCSA-2007-28090, using any of the 
following methods:
     Web Site: http://dmses.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, Room W12-140, 1200 New Jersey Ave. SE., Washington, DC 
20590.
     Hand Delivery: Room W12-140, Ground Floor of West 
Building, U.S. Department of Transportation, 1200 New Jersey Ave. SE., 
Washington, DC 20590, 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 at any time or Room W12-
140, Ground Floor of West Building, U.S. Department of Transportation, 
1200 New Jersey Ave., SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The DMS is 
available 24 hours each day, 365 days each year. 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 on-line.
    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 the Department of Transportation's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477; Apr. 11, 2000). This statement is also available at 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 1200 
New Jersey Ave., SE., Washington, DC 20590-0001. Telephone: 202-366-
4009. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, June 9, 1998, 112 Stat. 107) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to the Federal Motor Carrier Safety 
Administration (FMCSA) to grant exemptions from the motor carrier 
safety regulations. The FMCSA must publish a notice of each exemption 
request in the Federal Register (49 CFR 381.315(a)). The FMCSA must 
provide the public with an opportunity to inspect the information 
relevant to the application, including any safety analyses that have 
been conducted, and it must provide an opportunity for public comment 
on the request.
    The FMCSA reviews the safety analyses and the public comments and 
determines whether granting the exemption would 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 FMCSA's decision must 
be published in the Federal Register (49 CFR 381.315(b)). If FMCSA 
denies the application, it must state the reason for doing so. If FMCSA 
grants the exemption, the notice must specify the person or class of 
persons receiving the exemption and the regulatory provision or 
provisions from which exemption is being granted. The notice must also 
specify the effective period of the exemption (up to 2 years) and 
explain the terms and conditions of the exemption.

Application for an Exemption

    The American Pyrotechnics Association (APA) has requested an 
exemption for nine member companies 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 from 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. This 
exemption would be applicable to approximately 100 new drivers employed 
by the motor carriers identified in the appendix to this notice. A copy 
of the application is included in the docket referenced at the 
beginning of this notice.
    On July 1, 2005, FMCSA published a notice in the Federal Register 
granting a similar exemption to APA for 72 member companies. The 
original exemption expired on July 7, 2006, and APA has requested a 
renewal for those original companies. That application for renewal is 
being evaluated separately by FMCSA, and notice of it is published 
elsewhere in today's edition of the Federal Register.
    APA, a trade association representing the domestic fireworks 
industry, asserts that full compliance with the current hours-of-
service (HOS) regulations during the brief period surrounding 
Independence Day imposes 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 member-company drivers that would be covered by the exemption 
are trained pyrotechnicians, each holding a commercial driver's license 
with a hazardous materials (HM) endorsement. These drivers transport 
fireworks and equipment to remote locations under demanding schedules. 
During the week before Independence Day, these companies are engaged to 
stage multiple shows in a very compressed period of time. To meet the 
press of business in this 1-week period under the current

[[Page 30049]]

HOS rules, companies would be required to hire a second driver for most 
trips. This would result in a substantial increase in the cost of these 
shows, and as a result, many shows would be cancelled. Alternatively, 
APA members would be forced to significantly decrease their 
engagements. In either case, these companies would have to decrease the 
number of shows they provide, thereby denying many Americans a primary 
component of their Independence Day celebration.

Method To Ensure an Equivalent or Greater Level of Safety

    APA believes that the exemption will not adversely affect the 
safety of the motor carrier transportation provided by their member 
companies. Many APA member companies operated under the prior exemption 
for two years with no reports of incidents of any kind. Moreover, 
according to the APA, the exemption will enhance safety by decreasing 
the number of CMVs stationed with HM Division 1.3 and 1.4 products 
aboard at locations throughout the country. Under the exemption, CMVs 
will be able to return to their home base, which is a secured area for 
these types of products.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comments on APA's application for an exemption from the 
requirements of 49 CFR 395.3(a)(2) for these nine companies. FMCSA will 
consider all comments received by close of business on June 14, 2007. 
Comments will be available for examination in the docket listed at the 
beginning of this notice. The FMCSA will file comments received after 
the comment closing date in the public docket and will consider them to 
extent practicable. In addition to late comments, FMCSA will also 
continue to file in the public docket other relevant information that 
becomes available after the comment closing date. Interested persons 
should monitor the public docket for new material.

    Issued on: May 23, 2007.
Larry W. Minor,
Acting Associate Administrator, Policy and Program Development.

Appendix to Notice of Application for Exemption by American 
Pyrotechnics Association From the 14-Hour Rule During 2007 and 2008 
Independence Day Celebrations

       Apa Members To Be Covered by Exemption From 14 Hour Rule in Hours of Service for Drivers Regulation
----------------------------------------------------------------------------------------------------------------
          Company name                     Address           City, State, ZIP         DOT No.
--------------------------------------------------------------------------------------------------
Alpha-Lee Enterprises, Inc......  4111 FM 2351............  Friendswood, TX     1324580
                                                             77546.
American Fireworks Company......  7041 Darrow Road........  Hudson, OH 44236..  103972
Cartwright Fireworks, Inc.......  1608 Keely Road.........  Franklin, PA 16323  882283
Entertainment Fireworks, Inc....  P.O. Box 7160...........  Olympia, WA 98507-  680942
                                                             7160.
Fireworks Productions of          17034 S. 54th Street....  Chandler, AZ 85226  948780
 Arizona, Ltd.
Great Lakes Fireworks...........  24805 Marine............  Eastpointe, MI      1011216
                                                             48021.
Rainbow Fireworks, Inc..........  76 Plum Ave.............  Inman, KS 67546...  1139643
Skyworks, Ltd...................  13513 W. Carrier Road...  Carrier, OK 73727.  1421047
Stellar Fireworks, Inc..........  4440 Southeast Blvd.....  Wichita, KS 67210.  1349562
----------------------------------------------------------------------------------------------------------------

[FR Doc. E7-10275 Filed 5-29-07; 8:45 am]
BILLING CODE 4910-EX-P