Hours of Service of Drivers; Renewal and Expansion of American Pyrotechnics Association 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 of Drivers; Renewal and Expansion of American Pyrotechnics Association Exemption From the 14-Hour Rule During Independence Day Celebrations

AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION:

Notice of final disposition; granting of application for exemption.

SUMMARY:

FMCSA announces the granting of an exemption for 51 member-companies of the American Pyrotechnics Association (APA) from FMCSA's regulation prohibiting drivers of commercial motor vehicles (CMVs) from driving after the 14th hour after coming on duty. FMCSA renews the exemption for 46 APA member

companies and grants 5 additional carriers coverage under the exemption, which is effective from June 28-July 8, 2015, and June 28-July 8, 2016, inclusive. The original application covered 55 carriers, but FMCSA has declined to exempt 3 of them, and 1 carrier is out of business, leaving 51 approved carriers. Drivers who operate these CMVs in conjunction with staging fireworks shows celebrating Independence Day will be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour driving window otherwise applicable. These drivers remain subject to the 60- and 70-hour limits; they may also drive 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. FMCSA believes that the terms and conditions of the exemption will likely enable APA member motor carriers to maintain a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.

DATES:

This exemption is effective from June 28, 2015 (12:01 a.m.) through July 8, 2015 (11:59 p.m.) and from June 28, 2016 (12:01 a.m.) through July 8, 2016 (11:59 p.m.).

FOR FURTHER INFORMATION CONTACT:

Mrs. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325, Email:

MCPSD@dot.gov,

Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

Docket:

For access to the docket to read background documents or comments submitted to the notice requesting public comments on the exemption application, 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 Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice.

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, applied for an exemption in 2004. A copy of that application is in the docket; it describes fully the nature of the pyrotechnic operations during a typical Independence Day period. Various APA members have held 2-year exemptions during Independence Day periods from 2005 through 2014. The last exemption, for 55 of its members, expired on July 9, 2014. The renewal application covered 50 members that previously held exemptions and 5 additional member companies, but FMCSA has decided not to exempt 3 of them; and 1 carrier, Hi-Tech FX, LLC (US DOT number 1549055), is out of business; 51 carriers are being granted the exemption. A copy of the renewal request is included in the docket referenced at the beginning of this notice.

The CMV drivers employed by APA members 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 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 stated that it was 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 shows under the current HOS rules, APA claimed that its members would be required to hire a second driver for most trips. The result would be a substantial increase in the cost of the fireworks shows—beyond the means of many of its members' customers—and many Americans would therefore be denied this important component of the Independence Day celebration. The 51 APA members within the scope of this exemption are listed in an appendix to this notice.

Method To Ensure an Equivalent or Greater Level of Safety

The APA believes that renewal of the exemption for previously exempt carriers and the granting of relief for new carriers 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 duty-period time provided by the exemption, safety would decline because APA drivers would be unable to return to their home base or other safe location 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 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 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.

APA asserted that the operational demands of this unique industry minimize the risk of CMV crashes. In the last few days before the 4th of July, 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. FMCSA believes that APA operations conducted under the terms and conditions of this limited exemption will likely provide a level of safety that is equivalent to the level of safety achieved without the exemption.

Public Comments

On April 7, 2015, FMCSA published notice of this renewal application, and asked for public comment (80 FR 186690). No comments were submitted.

FMCSA Decision

The FMCSA has evaluated APA's application and the safety records of the companies to which the exemption would apply. The Agency believes that APA members will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption [49 CFR 381.305(a)], and grants the requested exemption to the 51 APA member-companies listed in the appendix.

FMCSA denies the exemption applications of Garden State Fireworks, Inc. (USDOT number 435878); Pyro Engineering Inc. (USDOT number 530262); and Pyro Shows, Inc. (USDOT number 456818). The denial is based on their insufficient safety management controls and the Agency's analysis of their roadside inspections during the last 24 months. Under these circumstances, FMCSA believes it would be inappropriate at this time to grant an exemption to these three companies.

Terms and Conditions of the Exemption

Period of the Exemption

The exemption from the requirements of 49 CFR 395.3(a)(2) is effective from June 28, 2015 (12:01 a.m.) through July 8, 2015 (11:59 p.m.) and from June 28, 2016 (12:01 a.m.) through July 8, 2016 (11:59 p.m.). The exemption will expire on July 8, 2016, at 11:59 p.m. local time.

Extent of the Exemption

This exemption is restricted to the 51 motor carriers listed in the appendix and their CMV drivers. The drivers are exempt from 49 CFR 395.3(a)(2), which 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 may exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour limit. However, driving time is limited to 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 exemption. The exemption is further contingent on each driver having a minimum of 10 consecutive hours off duty prior to beginning a new duty period. The carriers and drivers must comply with all other applicable requirements of the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399) and Hazardous Materials Regulations (49 CFR parts 105-180).

Other Conditions

Each carrier must maintain USDOT registration, a Hazardous Materials Safety Permit (if required), minimum levels of public liability insurance, and not be subject to any “imminent hazard” or other out-of-service (OOS) order issued by FMCSA. Each driver covered by the exemption must be in possession of the exemption document, maintain a valid CDL with required endorsements, not be subject to any OOS order or suspension of driving privileges, and meet all physical qualifications required by 49 CFR part 391.

Preemption

During the periods the exemption is 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 Accident Notification

Exempt motor carriers must 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. Identifier of the Exemption: “APA”

b. Name of operating carrier and USDOT number,

c. Date of the accident,

d. City or town, and State, in which the accident occurred, or closest to the accident scene,

e. Driver's name and license number,

f. If any, co-driver's name and license number,

g. Vehicle number and state license number,

h. Number of individuals suffering physical injury,

i. Number of fatalities,

j. The police-reported cause of the accident,

k. Whether the driver was cited for violation of any traffic laws, motor carrier safety regulations, and

l. The total driving time and total on-duty time prior to the accident.

Termination

The FMCSA does not believe the motor carriers and drivers covered by this exemption 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.

Issued on: June 23, 2015.

T.F. Scott Darling, III,

Chief Counsel.

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 46 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 Gateway Fireworks Displays

P.O. Box 39327

St Louis, MO 63139

1325301

15 Great Lakes Fireworks

24805 Marine

Eastpointe, MI 48021

1011216

16 Hamburg Fireworks Display, Inc

2240 Horns Mill Road SE

Lancaster, OH

395079

17 Hawaii Explosives & Pyrotechnics, Inc

17-7850 N. Kulani Road

Mountain View, HI 96771

1375918

18 Hollywood Pyrotechnics, Inc

1567 Antler Point

Eagan, MN 55122

1061068

19 Homeland Fireworks, Inc

P.O. Box 7

Jamieson, OR 97909

1377525

20 Island Fireworks Co., Inc

N1597 County Rd VV

Hager City, WI 54014

414583

21 J&M Displays, Inc

18064 170th Ave

Yarmouth, IA 52660

377461

22 Lantis Fireworks, Inc

130 Sodrac Dr., Box 229

N. Sioux City, SD 57049

534052

23 Legion Fireworks Co., Inc

10 Legion Lane

Wappingers Falls, NY 12590

554391

24 Miand Inc. dba Planet Productions (Mad Bomber)

P.O. Box 294, 3999 Hupp Road R31

Kingsbury, IN 46345

777176

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

P.P. Box 322

Hallowell, ME 04347

734974

26 Melrose Pyrotechnics, Inc

1 Kinsgubury Industrial Park

Kingsbury, IN 46345

434586

27 Precocious Pyrotechnics, Inc

4420-278th Ave NW

Belgrade, MN 56312

435931

28 Pyro Spectacluars, Inc

3196 N Locust Ave

Rialto, CA 92376

029329

29 Pyro Spectaculars North, Inc

5301 Lang Avenue

McClellan, CA 95652

1671438

30 Pyrotechnic Display, Inc

8450 W. St. Francis Rd

Frankfort, IL 60423

1929883

31 Pyrotecnico (S. Vitale Pyrotechnic Industries, Inc.)

302 Wilson Rd

New Castle, PA 16105

526749

32 Pyrotecnico, LLC

60 West Ct

Mandeville, LA 70471

548303

33 Pyrotecnico FX

6965 Speedway Blvd. Suite 115

Las Vegas, NV 89115

1610728

34 Rainbow Fireworks, Inc

76 Plum Ave

Inman, KS 67546

1139643

35 RES Specialty Pyrotechnics

21595 286th St

Belle Plaine, MN 56011

523981

36 Rozzi's Famous Fireworks, Inc

11605 North Lebanon Rd

Loveland, OH 45140

0483686

37 Skyworks, Ltd

13513 W. Carrier Rd

Carrier, OK 73727

1421047

38 Spielbauer Fireworks Co, Inc

220 Roselawn Blvd

Green Bay, WI 54301

046479

39 Starfire Corporation

682 Cole Road

Carrolltown, PA 15722

554645

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

2235 Vermont Route 14 South

East Montpelier, VT 05651

310632

41 Western Display Fireworks, Ltd

10946 S. New Era Rd

Canby, OR 97013

498941

42 Western Enterprises, Inc

P.O. Box 160

Carrier, OK 73727

203517

43 Western Fireworks, Inc

14592 Ottaway Road NE

Aurora, OR 97002

838585

44 Wolverine Fireworks Display, Inc

205 W Seidlers

Kawkawlin, MI

376857

45 Young Explosives Corp

P.O. Box 18653

Rochester, NY 14618

450304

46 Zambelli Fireworks MFG, Co., Inc

P.O. Box 1463

New Castle, PA 16103

033167

Appendix to Renewal of Exemption 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. 2015-15879 Filed 6-26-15; 8:45 am]

BILLING CODE 4910-EX-P