# 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 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2013-10737 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** May 7, 2013 - **Citation:** 78 FR 26690 ## Text 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. 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. • 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: MCPSD@dot.gov. 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 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 Motor carrier Street address City, state & zip code DOT No. 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 Blvd Youngstown, OH 44502-1102 262140 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 Fireworks and Lasers 799 N. 18150 W. Fairfield, UT 84013 195428 26. Legion Fireworks Co., Inc 10 Legion Lane Wappingers Falls, NY 12590 554391 27. Mad Bomber/Planet Productions PO Box 294, 3999 Hupp Road R31 Kingsbury, IN 46345 777176 28. Precocious Pyrotechnics, Inc 4420-278th Ave NW Belgrade, MN 56312 435931 29. Pyro Engineering Inc., dba/Bay Fireworks 400 Broadhollow Rd. Ste #3 Farmindale, NY 11735 530262 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 Industries, Inc.) 302 Wilson Rd New Castle, PA 16105 526749 35. Pyrotecnico, LLC 60 West Ct Mandeville, LA 70471 548303 36. Pyrotecnico FX 6965 Speedway Blvd. Suite 115 Las Vegas, NV 89115 1610728 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 Co 5650 Lowell Blvd, Unit E Denver, CO 80221 0029845 43. Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc 2235 Vermont Route 14 South East Montpelier, VT 05651 310632 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 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 Motor carrier Street address City, state & zip code DOT No. 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 Maine & Central Maine Pyrotechnics P.P. Box 322 Hallowell, ME 04347 734974 8. Melrose Pyrotechnics, Inc 1 Kingsbury Industrial Park Kingsbury, IN 46345 434586 9. Starfire Corporation 682 Cole Road Carrolltown, PA 15722 554645 10. Young Explosives Corp P.O. Box 18653 Rochester, NY 14618 450304 [FR Doc. 2013-10737 Filed 5-6-13; 8:45 am] BILLING CODE 4910-EX-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2013-10737. Public record. Not legal advice.