[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Notices]
[Pages 26690-26693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10737]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]


Hours of Service (HOS) of Drivers; Application for Renewal and 
Expansion 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 application for renewal and expansion of exemption; 
request for comments.

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SUMMARY: The American Pyrotechnics Association (APA) has requested a 
renewal of its exemption for 48 APA member-companies from FMCSA's 
regulation that drivers of commercial motor vehicles (CMVs) may not 
drive after the 14th hour after coming on duty, and the expansion of 
its exemption to 10 additional carriers. The APA was previously granted 
an exemption for 48 of the 58 APA member-companies during the 
Independence Day periods in 2011 and 2012. Like the other 48 member-
companies that operated under the 2011-2012 exemption, the 10 
additional member-companies would be subject to all of the terms and 
conditions of the exemption for the 2013-2014 periods. The exemption 
would apply solely to the operation of CMVs by these 58 APA-member 
companies in conjunction with staging fireworks shows celebrating 
Independence Day during the periods June 28-July 8, 2013, and June 28-
July 8, 2014, inclusive. During these two periods, approximately 3,200 
CMVs and drivers employed by these APA member-companies would be 
allowed to exclude off-duty and sleeper-berth time of any length from 
the calculation of the 14-hour driving window. These 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 on-
duty limits. The APA maintains that the terms and conditions of the 
limited exemption would ensure a level of safety equivalent to, or 
greater than, the level of safety achieved without the exemption.

DATES: If granted, this exemption would be effective during the periods 
of June 28, 2013, through July 8, 2013, inclusive, and June 28, 2014, 
through July 8, 2014, inclusive. The exemption would expire on July 8, 
2014 at 11:59 p.m. Comments must be received on or before June 6, 2013.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2007-28043 by any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. In 
the ENTER KEYWORD OR ID box enter FMCSA-2007-28043 and click on the tab 
labeled SEARCH. On the ensuing page, click on any tab labeled SUBMIT A 
COMMENT on the extreme right of the page and a page should open that is 
titled ``Submit a Comment.'' You may identify yourself under section 1, 
ENTER INFORMATION, or you may skip section 1 and remain anonymous. You 
enter your comments in section 2, TYPE COMMENT & UPLOAD FILE. When you 
are ready to submit your comments, click on the tab labeled SUBMIT. 
Your comment is then submitted to the docket; and you will receive a 
tracking number.

[[Page 26691]]

     Fax: 1-202-493-2251.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building, Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, 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 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 www.regulations.gov at any time, and in the 
ENTER KEYWORD OR ID box enter FMCSA-2007-28043 and click on the tab 
labeled SEARCH.
    Privacy Act: Anyone is able to 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 
U.S. Department of Transportation's online privacy policy at 
www.dot.gov/privacy or the complete Privacy Act Statement in the 
Federal Register published on January 17, 2008 (73 FR 3316).
    Public Participation: The www.regulations.gov Web site is generally 
available 24 hours each day, 365 days each year. You can obtain 
electronic submission and retrieval help and guidelines under the 
``help'' section of the www.regulations.gov 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.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, Telephone: 202-366-4325. Email: [email protected].

SUPPLEMENTARY INFORMATION:

APA Application for Exemption

    The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a 
property-carrying CMV driver from driving a CMV after the 14th hour 
after coming on duty following 10 consecutive hours off duty. Under 49 
U.S.C. 31315 and 31136(e), FMCSA may grant an exemption from the 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.
    The APA, a trade association representing the domestic fireworks 
industry, was previously granted an exemption for 48 of the 58 APA-
member companies during the Independence Day periods in 2011 and 2012. 
The APA held similar 2-year exemptions during Independence Day periods 
from 2005 through 2010. The 2011-2012 exemption expired on July 9, 
2012. Like the other 48 member companies that operated under the 2011-
2012 exemption, the 10 specified additional member-companies would be 
subject to all of the terms and conditions of the exemption.
    The initial APA exemption application for relief from the 14-hour 
rule was submitted in 2004; a copy of the application is in the docket. 
That application fully describes the nature of the pyrotechnic 
operations of the CMV drivers employed by APA member-companies during a 
typical Independence Day period.
    As stated in APA's 2004 request, the CMV drivers employed by APA 
member-companies are trained pyro technicians who hold commercial 
driver's licenses (CDLs) with hazardous materials (HM) endorsements. 
They transport fireworks and related equipment by CMVs on a very 
demanding schedule during a brief Independence Day period, often to 
remote locations. After they arrive, the drivers are responsible for 
set-up and staging of the fireworks shows.
    The APA states that it is seeking an HOS exemption for the 2013 and 
2014 Independence Day periods because compliance with the current 14-
hour rule in 49 CFR 395.3(a)(2) 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 state that 
they would be required to hire a second driver for most trips. The APA 
advises that the result would be a substantial increase in the cost of 
the fireworks shows--beyond the means of many of its members' 
customers--and that many Americans would be denied this important 
component of the celebration of Independence Day. The 58 APA-member 
companies within the scope of this exemption request are listed in an 
appendix to this notice. A copy of the request for the exemption is 
included in the docket referenced at the beginning of this notice.

Method To Ensure an Equivalent or Greater Level of Safety

    The APA believes that renewal of the exemption will not adversely 
affect the safety of the fireworks transportation provided by these 
motor carriers. According to APA, its member-companies have operated 
under this exemption for eight 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. As a condition of holding the exemption, 
each motor carrier would be required to notify FMCSA within 5 business 
days of any accident (as defined in 49 CFR 390.5) involving the 
operation of any its CMVs while under this exemption. To date, FMCSA 
has received no accident notifications, nor is the Agency aware of any 
accidents reportable under terms of the prior APA exemptions.
    In its exemption request, APA asserts 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 event. During this time, the drivers are able to 
rest and nap, thereby reducing or eliminating the fatigue accumulated 
during the day. Before beginning another duty day, these drivers must 
take 10 consecutive hours off duty, the same as other CMV drivers.

Terms and Conditions of the Exemption

Period of the Exemption

    The requested exemption from the requirements of 49 CFR 395.3(a)(2) 
is proposed to be effective June 28 through

[[Page 26692]]

July 8, 2013, inclusive, and from June 28 through July 8, 2014, 
inclusive. The exemption would expire on July 8, 2014, at 11:59 p.m. 
local time.

Extent of the Exemption

    This exemption would be restricted to drivers employed by the 58 
motor carriers listed in the appendix to this notice. The drivers would 
be given a limited exemption from the requirements of 49 CFR 
395.3(a)(2). This regulation prohibits a driver from driving a CMV 
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 
would be able to exclude off-duty and sleeper-berth time of any length 
from the calculation of the 14-hour limit. This exemption would be 
contingent on each driver driving no more than 11 hours in the 14-hour 
period after coming on duty. The exemption would be 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 carriers and 
drivers must comply with all other requirements of the Federal Motor 
Carrier Safety Regulations (49 CFR parts 350-399) and Hazardous 
Materials Regulations (49 CFR parts 105-180).

Preemption

    During the periods the exemption would be in effect, no State may 
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 (49 U.S.C. 31315(d)).

FMCSA Notification

    Exempt motor carriers would be required to 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

    The FMCSA does not believe the motor carriers and drivers covered 
by this exemption, if granted, 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. The FMCSA will immediately revoke the exemption for 
failure to comply with its terms and conditions. Exempt motor carriers 
and drivers would be 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 the APA's requested exemption from the 
requirements of 49 CFR 395.3(a)(2). The FMCSA will review all comments 
received and determine whether approval of the exemption is consistent 
with the requirements of 49 U.S.C. 31315.
    Interested parties or organizations possessing information that 
would 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: April 30, 2013.
Larry W. Minor,
Associate Administrator for Policy.

 Appendix to Notice of Application for Renewal of American Pyrotechnics Association (APA) Exemption From the 14-
             Hour HOS Rule During 2013 and 2014 Independence Day Celebrations for 48 Motor Carriers
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              Motor carrier                     Street address          City, state & zip code        DOT No.
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1. Alonzo Fireworks Display, Inc........  846 Stillwater Bridge Rd..  Schaghticoke, NY 12154....          420639
2. American Fireworks Company...........  7041 Darrow Road..........  Hudson, OH 44236..........          103972
3. AM Pyrotechnics, LLC.................  2429 East 535th Rd........  Buffalo, MO 65622.........         1034961
4. Arthur Rozzi Pyrotechnics............  6607 Red Hawk Ct..........  Maineville, OH 45039......         2008107
5. Atlas Enterprises Inc................  6601 Nine Mile Azle Rd....  Fort Worth, TX 76135......         0116910
6. B.J. Alan Company....................  555 Martin Luther King, Jr  Youngstown, OH 44502-1102.          262140
                                           Blvd.
7. Cartwright Fireworks, Inc............  1608 Keely Road...........  Franklin, PA 16323........          882283
8. Central States Fireworks, Inc........  18034 Kincaid Street......  Athens, IL 62613..........         1022659
9. Colonial Fireworks Company...........  5225 Telegraph Road.......  Toledo, OH 43612..........          177274
10. East Coast Pyrotechnics, Inc........  4652 Catawba River Rd.....  Catawba, SC 29704.........          545033
11. Entertainment Fireworks, Inc........  13313 Reeder Road SW......  Tenino, WA 98589..........          680942
12. Falcon Fireworks....................  3411 Courthouse Road......  Guyton, GA 31312..........         1037954
13. Fireworks & Stage FX America........  12650 Hwy 67S. Suite B....  Lakeside, CA 92040........          908304
14. Fireworks by Grucci, Inc............  1 Grucci Lane.............  Brookhaven, NY 11719......          324490
15. Fireworks Extravaganza..............  174 Route 17 North........  Rochelle Park, NJ 07662...         2064141
16. Fireworks West Internationale.......  910 North 3200 West.......  Logan, UT 84321...........          245423
17. Garden State Fireworks, Inc.........  383 Carlton Road..........  Millington, NJ 07946......          435878
18. Gateway Fireworks Displays..........  P.O. Box 39327............  St Louis, MO 63139........         1325301
19. Great Lakes Fireworks...............  24805 Marine..............  Eastpointe, MI 48021......         1011216
20. Hamburg Fireworks Display Inc.......  2240 Horns Mill Road SE...  Lancaster, OH.............          395079
21. Hi-Tech FX, LLC.....................  18060 170th Ave...........  Yarmouth, IA 52660........         1549055
22. Hollywood Pyrotechnics, Inc.........  1567 Antler Point.........  Eagan, MN 55122...........         1061068
23. J&M Displays, Inc...................  18064 170th Ave...........  Yarmouth, IA 52660........          377461
24. Kellner's Fireworks Inc.............  478 Old Rte 8.............  Harrisville, PA...........          481553
25. Lantis Productions dba Lantis         799 N. 18150 W............  Fairfield, UT 84013.......          195428
 Fireworks and Lasers.
26. Legion Fireworks Co., Inc...........  10 Legion Lane............  Wappingers Falls, NY 12590          554391

[[Page 26693]]

 
27. Mad Bomber/Planet Productions.......  PO Box 294, 3999 Hupp Road  Kingsbury, IN 46345.......          777176
                                           R31.
28. Precocious Pyrotechnics, Inc........  4420-278th Ave NW.........  Belgrade, MN 56312........          435931
29. Pyro Engineering Inc., dba/Bay        400 Broadhollow Rd. Ste     Farmindale, NY 11735......          530262
 Fireworks.                                3.
30. Pyro Shows Inc......................  701 W. Central Ave........  LaFollette, TN 37766......          456818
31. Pyro Spectacluars, Inc..............  3196 N Locust Ave.........  Rialto, CA 92376..........          029329
32. Pyro Spectaculars North, Inc........  5301 Lang Avenue..........  McClellan, CA 95652.......         1671438
33. Pyrotechnic Display, Inc............  8450 W. St. Francis Rd....  Frankfort, IL 60423.......         1929883
34. Pyrotecnico (S. Vitale Pyrotechnic    302 Wilson Rd.............  New Castle, PA 16105......          526749
 Industries, Inc.).
35. Pyrotecnico, LLC....................  60 West Ct................  Mandeville, LA 70471......          548303
36. Pyrotecnico FX......................  6965 Speedway Blvd. Suite   Las Vegas, NV 89115.......         1610728
                                           115.
37. Rainbow Fireworks, Inc..............  76 Plum Ave...............  Inman, KS 67546...........         1139643
38. RES Specialty Pyrotechnics..........  21595 286th St............  Belle Plaine, MN 56011....          523981
39. Rozzi's Famous Fireworks, Inc.......  11605 North Lebanon Rd....  Loveland, OH 45140........         0483686
40. Skyworks, Ltd.......................  13513 W. Carrier Rd.......  Carrier, OK 73727.........         1421047
41. Spielbauer Fireworks Co, Inc........  220 Roselawn Blvd.........  Green Bay, WI 54301.......          046479
42. Stonebraker-Rocky Mountain Fireworks  5650 Lowell Blvd, Unit E..  Denver, CO 80221..........         0029845
 Co.
43. Vermont Fireworks Co., Inc./          2235 Vermont Route 14       East Montpelier, VT 05651.          310632
 Northstar Fireworks Co., Inc.             South.
44. Western Display Fireworks, Ltd......  10946 S. New Era Rd.......  Canby, OR 97013...........          498941
45. Western Enterprises, Inc............  PO Box 160................  Carrier, OK 73727.........          203517
46. Western Fireworks, Inc..............  14592 Ottaway Road NE.....  Aurora, OR 97002..........          838585
47. Wolverine Fireworks Display, Inc....  205 W Seidlers............  Kawkawlin, MI.............          376857
48. Zambelli Fireworks MFG, Co., Inc....  PO Box 1463...............  New Castle, PA 16103......          033167
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  Appendix to Notice of Application for Renewal of American Pyrotechnics Association Exemption From the 14-Hour
    HOS Rule During 2013 and 2014 Independence Day Celebrations for 10 Motor Carriers Not Previously Exempted
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              Motor carrier                     Street address          City, state & zip code        DOT No.
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1. American Fireworks Display, LLC......  P.O. Box 980..............  Oxford, NY 13830..........         2115608
2. Atlas Pyrovision Productions, Inc....  136 Old Sharon Rd.........  Jaffrey, NH 03452.........          789777
3. Hawaii Explosives & Pyrotechnics, Inc  17-7850 N. Kulani Road....  Mountain View, HI 96771...         1375918
4. Homeland Fireworks, Inc..............  P.O. Box 7................  Jamieson, OR 97909........         1377525
5. Island Fireworks Co., Inc............  N1597 County Rd VV........  Hager City, WI 54014......          414583
6. Lantis Fireworks, Inc................  130 Sodrac Dr., Box 229...  N. Sioux City, SD 57049...          534052
7. Martin & Ware Inc. dba Pyro City       P.P. Box 322..............  Hallowell, ME 04347.......          734974
 Maine & Central Maine Pyrotechnics.
8. Melrose Pyrotechnics, Inc............  1 Kingsbury Industrial      Kingsbury, IN 46345.......          434586
                                           Park.
9. Starfire Corporation.................  682 Cole Road.............  Carrolltown, PA 15722.....          554645
10. Young Explosives Corp...............  P.O. Box 18653............  Rochester, NY 14618.......          450304
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[FR Doc. 2013-10737 Filed 5-6-13; 8:45 am]
BILLING CODE 4910-EX-P