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

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 for 50 APA member-companies of its exemption from FMCSA's regulation prohibiting drivers of commercial motor vehicles (CMVs) from driving after the 14th hour after coming on duty, and the expansion of its exemption to 5 additional carriers. The exemption would apply solely to the operation of CMVs by these 55 APA-member companies in conjunction with staging fireworks shows celebrating Independence Day during the periods June 28-July 8, 2015, and June 28-July 8, 2016, inclusive. During these two periods, approximately 3,200 CMVs and drivers employed by these 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.

DATES:

If granted, this exemption would be effective during the periods of June 28, 2015, through July 8, 2015, inclusive, and June 28, 2016, through July 8, 2016, inclusive. The exemption would expire on July 8, 2016 at 11:59 p.m. Comments must be received on or before May 7, 2015.

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:

Go to

www.regulations.gov.

Follow the on-line 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., Washington, DC, between 9 a.m. and 5 p.m., ET, 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 online Federal document management system 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 acknowledgment 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: 202-366-4325. Email:

MCPSD@dot.gov.

If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.

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 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 period of up to 2 years 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 50 of the 55 APA member-companies during the Independence Day periods in 2013 and 2014. The APA held similar 2-year exemptions during Independence Day periods from 2005 through 2014. The 2013-2014 exemption expired on July 9, 2014. Like the other 50 member-companies that operated under the 2013-2015 exemption, the 5 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 2015 and 2016 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 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. The 55 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 10 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 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, 2015, inclusive, and from June 28 through July 8, 2016, inclusive. The exemption would expire on July 8, 2016, at 11:59 p.m. local time.

Extent of the Exemption

This exemption would be restricted to drivers employed by the 55 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, 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

During the periods the exemption would be in effect, no State would be allowed to enforce any law or regulation that conflicted with or with 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 their 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, 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.

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.

Issued on: April 1, 2015.

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 2015 and 2016 Independence Day Celebrations for 50 Motor Carriers

Motor carrier

Street address

City, state, zip code

DOT No.

1

American Fireworks Company

7041 Darrow Road

Hudson, OH 44236

103972

2

American Fireworks Display, LLC

P.O. Box 980

Oxford, NY 13830

2115608

3

AM Pyrotechnics, LLC

2429 East 535th Rd

Buffalo, MO 65622

1034961

4

Atlas PyroVision Entertainment Group, Inc

136 Old Sharon Rd

Jaffrey, NH 03452

789777

5

Central States Fireworks, Inc

18034 Kincaid Street

Athens, IL 62613

1022659

6

Colonial Fireworks Company

5225 Telegraph Road

Toledo, OH 43612

177274

7

East Coast Pyrotechnics, Inc

4652 Catawba River Rd

Catawba, SC 29704

545033

8

Entertainment Fireworks, Inc

13313 Reeder Road SW

Tenino, WA 98589

680942

9

Falcon Fireworks

3411 Courthouse Road

Guyton, GA 31312

1037954

10

Fireworks & Stage FX America

12650 Hwy 67S. Suite B

Lakeside, CA 92040

908304

11

Fireworks by Grucci, Inc

20 Pinehurst Drive

Bellport, NY 11713

324490

12

J&J Computing dba Fireworks Extravaganza

174 Route 17 North

Rochelle Park, NJ 07662

2064141

13

Fireworks West Internationale

910 North 3200 West

Logan, UT 84321

245423

14

Garden State Fireworks, Inc

383 Carlton Road

Millington, NJ 07946

435878

15

Gateway Fireworks Displays

P.O. Box 39327

St Louis, MO 63139

1325301

16

Great Lakes Fireworks

24805 Marine

Eastpointe, MI 48021

1011216

17

Hamburg Fireworks Display, Inc

2240 Horns Mill Road SE

Lancaster, OH

395079

18

Hawaii Explosives & Pyrotechnics, Inc

17-7850 N. Kulani Road

Mountain View, HI 96771

1375918

19

Hi-Tech FX, LLC

18060 170th Ave

Yarmouth, IA 52660

1549055

20

Hollywood Pyrotechnics, Inc

1567 Antler Point

Eagan, MN 55122

1061068

21

Homeland Fireworks, Inc

P.O. Box 7

Jamieson, OR 97909

1377525

22

Island Fireworks Co., Inc

N1597 County Rd VV

Hager City, WI 54014

414583

23

J&M Displays, Inc

18064 170th Ave

Yarmouth, IA 52660

377461

24

Lantis Fireworks, Inc

130 Sodrac Dr., Box 229

N. Sioux City, SD 57049

534052

25

Legion Fireworks Co., Inc

10 Legion Lane

Wappingers Falls, NY 12590

554391

26

Miand Inc. dba Planet Productions (Mad Bomber)

P.O. Box 294, 3999 Hupp Road R31

Kingsbury, IN 46345

777176

27

Martin & Ware Inc. dba Pyro City Maine & Central Maine Pyrotechnics

P.O. Box 322

Hallowell, ME 04347

734974

28

Melrose Pyrotechnics, Inc

1 Kinsgubury Industrial Park

Kingsbury, IN 46345

434586

29

Precocious Pyrotechnics, Inc

4420-278th Ave NW

Belgrade, MN 56312

435931

30

Pyro Engineering Inc., dba/Bay Fireworks

400 Broadhollow Rd. Ste #3

Farmindale, NY 11735

530262

31

Pyro Shows Inc

P.O. Box 1776

LaFollette, TN 37766

456818

32

Pyro Spectacluars, Inc

3196 N Locust Ave

Rialto, CA 92376

029329

33

Pyro Spectaculars North, Inc

5301 Lang Avenue

McClellan, CA 95652

1671438

34

Pyrotechnic Display, Inc

8450 W. St. Francis Rd

Frankfort, IL 60423

1929883

35

Pyrotecnico (S. Vitale Pyrotechnic Industries, Inc.)

302 Wilson Rd

New Castle, PA 16105

526749

36

Pyrotecnico, LLC

60 West Ct

Mandeville, LA 70471

548303

37

Pyrotecnico FX

6965 Speedway Blvd. Suite 115

Las Vegas, NV 89115

1610728

38

Rainbow Fireworks, Inc

76 Plum Ave

Inman, KS 67546

1139643

39

RES Specialty Pyrotechnics

21595 286th St

Belle Plaine, MN 56011

523981

40

Rozzi's Famous Fireworks, Inc

11605 North Lebanon Rd

Loveland, OH 45140

0483686

41

Skyworks, Ltd

13513 W. Carrier Rd

Carrier, OK 73727

1421047

42

Spielbauer Fireworks Co, Inc

220 Roselawn Blvd

Green Bay, WI 54301

046479

43

Starfire Corporation

682 Cole Road

Carrolltown, PA 15722

554645

44

Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc

2235 Vermont Route 14 South

East Montpelier, VT 05651

310632

45

Western Display Fireworks, Ltd

10946 S. New Era Rd

Canby, OR 97013

498941

46

Western Enterprises, Inc

P.O. Box 160

Carrier, OK 73727

203517

47

Western Fireworks, Inc

14592 Ottaway Road NE

Aurora, OR 97002

838585

48

Wolverine Fireworks Display, Inc

205 W Seidlers

Kawkawlin, MI

376857

49

Young Explosives Corp.

P.O. Box 18653

Rochester, NY 14618

450304

50

Zambelli Fireworks MFG, Co., Inc

P.O. 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 2015 and 2016 Independence Day Celebrations for 5 Motor Carriers Not Previously Exempted

Motor carrier

Street address

City, state, zip code

DOT No.

1

Pyro Shows of Texas, Inc

6601 9 Mile Azle Rd

Fort Worth, TX 76135

2432196

2

Sorgi American Fireworks Michigan, LLC

935 Wales Ridge Rd

Wales, MI 48027

2475727

3

Spirit of 76

6401 West Hwy 40

Columbia, MO 65202

2138948

4

USA Halloween Planet Inc. dba USA Fireworks

7800 Record Street, Suite A

Indianapolis, IN 46226

725457

5

Arthur Rozzi Pyrotechnics

6607 Red Hawk Ct

Maineville, OH 45039

2008107

[FR Doc. 2015-07906 Filed 4-6-15; 8:45 am]

BILLING CODE CODE 4910-EX-P