[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46988-46989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11867]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0052]


Hours of Service (HOS) of Drivers; American Pyrotechnics 
Association (APA); Request To Include Additional Member Companies to 
Current APA HOS Exemptions

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

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

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SUMMARY: FMCSA announces that it has received an application from the 
American Pyrotechnics Association (APA) requesting extension of its 
current exemptions from the Agency's hours-of-service (HOS) regulations 
for 12 additional member companies. The request would allow drivers 
employed by the 12 member carriers to exclude off-duty and sleeper-
berth time of any length from the calculation of the 14-hour limit. It 
would also to allow these drivers to use paper records of duty status 
(RODS) in lieu of an electronic logging device (ELD) during the 
designated Independence Day periods.

DATES: Comments must be received on or before July 1, 2024.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2021-0052 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday 
through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2021-0052) 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: If you do not have access to the internet, you may view the 
docket by visiting Docket Operations 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., ET, Monday through Friday, except Federal holidays. 
To be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption process. DOT 
posts these comments, 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 https://www.transportation.gov/privacy. The comments are posted without edit 
and are searchable by the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; 1200 New Jersey Avenue SE, Washington, DC 
20590-0001; (202) 366-4225; [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Dockets Operations at (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-2022-0122), indicate the specific section of this 
document to which the comment applies, and provide a reason for your 
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-2022-0148'' in the ``Keyword'' box, and click 
``Search.'' When the new screen appears, click on the ``Comment'' 
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. FMCSA will consider all comments and material received during 
the comment period.

Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the notice contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
notice, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains

[[Page 46989]]

proprietary information. FMCSA will treat such marked submissions as 
confidential under the Freedom of Information Act, and they will not be 
placed in the public docket of the notice. Submissions containing CBI 
should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, 
Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001 or via email at [email protected]. At this time, you 
need not send a duplicate hardcopy of your electronic CBI submissions 
to FMCSA headquarters. Any comments FMCSA receives not specifically 
designated as CBI will be placed in the public docket for this notice.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). 
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 the applicant's safety analyses. The Agency must provide an 
opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely maintain a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the regulatory provision(s) from 
which the applicant will be exempt, the effective period, and all terms 
and conditions of the exemption (49 CFR 381.315(c)(1)). If the 
exemption is denied, the notice will explain the reasons for the denial 
(49 CFR 381.315(c)(2)).

III. Applicant's Request

    The APA is a trade association representing the domestic fireworks 
industry. In 2022, FMCSA granted the APA exemptions from the 
requirements of 49 CFR 395.3(a)(2) and 395.8(a)(1)(i) for 32 of its 
member companies through the annual Independence Day periods ending on 
July 8, 2024 [87 FR 79935, December 28, 2022]. One of the 32 APA member 
companies, Dominion Fireworks Inc., DOT # 540485, no longer requires 
the exemptions, leaving the total number of companies currently covered 
by the exemptions at 31. APA has requested exemptions for 12 additional 
member companies, which would increase the total to 43 if the exemption 
request is granted. The 12 additional companies consist of three new 
member companies that have not operated under the exemptions, and nine 
member companies that previously held such exemptions. If granted, the 
exemptions would expire on July 8, 2024. The 12 additional companies, 
like the 31 current companies, would be subject to all of the terms and 
conditions of the exemptions set forth in the December 28, 2022, 
decision (87 FR 79935, 79937). The 12 companies combined are listed in 
the appendix table of this notice, including the three new companies, 
which are identified by asterisks.
    APA member companies have held waivers or exemptions during 
Independence Day periods each year since 2005. Copies of the initial 
request for an exemption, subsequent renewal requests, and all public 
comments received may be reviewed at www.regulations.gov under docket 
numbers FMCSA-2005-21104, FMCSA-2007-28043, FMCSA-2018-0140, and FMCSA-
2021-0052.
    A copy of the APA's application for exemptions is available for 
review in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on APA's application for exemptions 
from 49 CFR 395.3(a)(2) and 395.8(a)(1)(i). 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 
Addresses 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, 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.

Larry W. Minor,
Associate Administrator for Policy.

Appendix to Notice of Application To Include Additional Member to 
Current APA Exemptions From the 14-Hour and ELD HOS Rules for 
Independence Day Period, June 28 Through July 8, 2024, for 12 Motor 
Carriers

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                        Motor carrier                Street address          City, state, zip code     DOT No.
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1.............  *Extreme Logistics..........  26926 Hardy Run.............  Boerne, TX 78015.......      1971328
2.............  Hamburg Fireworks Display,    2240 Horns Mill Road SE.....  Lancaster, OH 43130....       395079
                 Inc.
3.............  *Herbie's Famous Fireworks,   1406 Cherokee Falls Rd......  Blacksburg, SC 29702...      0112743
                 Inc.
4.............  J&J Computing dba Fireworks   174 Route 17 North..........  Rochelle Park, NJ 07662      2064141
                 Extravaganza.
5.............  J&M Displays, Inc...........  18064 170th Ave.............  Yarmouth, IA 52660.....       377461
6.............  Magic in the Sky, LLC.......  27002 Campbellton Road......  San Antonio, TX 78264..      2134163
7.............  Miand Inc. dba Planet         P.O. Box 294, 3999 Hupp Road  Kingsbury, IN 46345....       777176
                 Productions (Mad Bomber).     R31.
8.............  Rainbow Fireworks, Inc......  76 Plum Ave.................  Inman, KS 67546........      1139643
9.............  RKM Fireworks Company.......  27383 May St................  Edwardsburg, MI 49112..      1273436
10............  *Special FX Wizard, Inc.....  Box 266.....................  Mastick Beach, NY 11951      3442905
11............  Starfire Corporation........  682 Cole Road...............  Carrolltown, PA 15722..       554645
12............  Zambelli Fireworks MFG, Co.,  120 Marshall Drive..........  Warrendale, PA 15086...       033167
                 Inc.
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[FR Doc. 2024-11867 Filed 5-29-24; 8:45 am]
BILLING CODE 4910-EX-P