[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26742-26744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12355]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-28043]
Hours of Service (HOS) of Drivers; American Pyrotechnics Assn.
(APA); Request To Add New Members to Current APA Exemption; Request for
Comments
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: The American Pyrotechnics Association (APA) has requested an
exemption for three member companies--Artisan Pyrotechnics Inc.,
Montana Display Fireworks, Inc., and ZY Pyrotechnics, LLC dba
Skyshooter Displays, Inc.--from the prohibition on driving commercial
motor vehicles (CMVs) after the 14th hour after the driver comes on
duty. Fifty APA members currently hold such an exemption during the
Independence Day period each year, terminating on July 8, 2020. If
granted, this exemption would terminate at the same time as the other
50 exempted carriers. 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: Comments are due no later than July 9, 2018.
[[Page 26743]]
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2007-28043 using any of the
following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
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 or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
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: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year. If you want acknowledgment 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: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, 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
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4225. Email: [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (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-2007-28043), indicate the specific section of this
document to which the comment applies, and provide a reason for
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-2007-28043'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2007-28043'' in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 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., e.t., Monday through Friday, except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. 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 any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by compliance with the current regulation (49 CFR 381.305).
The decision of the Agency must be published in the Federal Register
(49 CFR 381.315(b)) with the reason for the grant or denial, and, if
granted, the specific person or class of persons receiving the
exemption, and the regulatory provision or provisions from which
exemption is granted. The notice must also specify the effective period
of the exemption (up to 5 years), and explain the terms and conditions
of the exemption. The exemption may be renewed (49 CFR 381.300(b)).
APA Application for Exemption
The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a
property-carrying CMV from driving after the 14th hour after coming on
duty following 10 consecutive hours off duty. In 2016, the APA, a trade
association representing the domestic fireworks industry was granted
exemptions for 51 member companies through the annual Independence Day
periods ending on July 8, 2020 [81 FR 43701, July 5, 2016]. One of the
51 APA member companies, Island Fireworks, DOT #414583, no longer
requires the exemption, leaving the total at 50. APA has requested an
exemption for Artisan Pyrotechnics Inc., DOT #1898096, Montana Display
Fireworks, Inc., DOT #1030231, and ZY Pyrotechnics, LLC dba Skyshooter
Displays, Inc., DOT #2149202, which would increase the total to 53. The
exemption for these APA carriers, if granted, would expire on July 8,
2020. Although this is less than the 5-year exemption period authorized
by 49 U.S.C. 31315(b)(2), as amended by section 5206(a)(3) of the
Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-94, 129
Stat. 1312, 1537, Dec. 4, 3015), FMCSA believes that the interests of
the APA members and the Agency would best be served by harmonizing, as
far as possible, the expiration dates of all such fireworks-related
exemptions. Like the other 50 member companies, the three new member
companies would be subject to all of the terms and conditions of the
exemption.
The initial APA application for relief from the 14-hour rule was
submitted in 2004; a copy is in the docket. That application fully
describes the nature of the pyrotechnic operations of CMV
[[Page 26744]]
drivers during a typical Independence Day period.
As stated in the 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 additional exemption for the
three new member companies because compliance with the current 14-hour
rule in 49 CFR 395.3(a)(2) would impose a substantial economic hardship
on numerous cities, towns and municipalities, as well as its member
companies. To meet the demand for fireworks without the exemptions, APA
states that its member companies 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.
Method To Ensure an Equivalent or Greater Level of Safety
The APA believes that the exemption would not adversely affect the
safety of the fireworks transportation provided by this motor carrier.
According to APA, its member companies have operated under this
exemption for 11 previous Independence Day periods without a reported
motor carrier safety incident. Moreover, it asserts, without the extra
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 is 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 July 4, 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 49 CFR 395.3(a)(2) would be effective
from June 28 through July 8, at 11:59 p.m. local time, each year
through 2020.
Terms and Conditions of the Exemption
During the 2018 Independence Day period, the exemption from 49 CFR
395.3(a)(2) would be limited to drivers employed by the 50 motor
carriers already covered by the exemption, plus (if approved) the three
carriers now seeking an exemption. Section 395.3(a)(2) 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, as
extended by any off-duty or sleeper-berth time in accordance with this
exception. 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
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
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 their CMVs while under this exemption. The
notification must be by email to [email protected] and include the
following information:
a. Name of the Exemption: ``APA'',
b. Date of the accident,
c. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
d. Driver's name and driver's license State, number, and class,
e. Co-Driver's name and driver's license State, number, and class,
f. Vehicle company number and power unit license plate State and
number,
g. Number of individuals suffering physical injury,
h. Number of fatalities,
i. The police-reported cause of the accident,
j. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
k. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.
In addition, if there are any injuries or fatalities, the carrier
must forward the police accident report to [email protected] as soon as
available.
Termination
The FMCSA does not believe the motor carriers and drivers covered
by this exemption, if granted, would experience any deterioration of
their safety record.
However, should this occur, FMCSA would 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.
Issued on: June 4, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-12355 Filed 6-7-18; 8:45 am]
BILLING CODE 4910-EX-P