Hours of Service (HOS) of Drivers; Application by American Pyrotechnics Association for Exemptions From the 14-Hour Rule and the Electronic Logging Device Rule During Independence Day Celebrations

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0052]

Hours of Service (HOS) of Drivers; Application by American Pyrotechnics Association for Exemptions From the 14-Hour Rule and the Electronic Logging Device Rule During Independence Day Celebrations

AGENCY:

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

ACTION:

Notice of application for exemptions; request for comments.

SUMMARY:

FMCSA announces that it has received an application from the American Pyrotechnics Association (APA) requesting exemptions from certain hours of service (HOS) regulations. Previous similar exemptions expired on July 8, 2021, and APA now requests the exemptions on behalf of 45 member companies. The exemptions would allow drivers to exclude off-duty and sleeper berth time of any length from the calculation of the 14-hour limit and to use paper records of duty status (RODS) in lieu of an electronic logging device (ELD) during the designated Independence Day periods. The requests are for the transportation of pyrotechnics from June 28 through July 8 of every year from 2022 through 2026.

DATES:

Comments must be received on or before August 8, 2022.

ADDRESSES:

You may submit comments identified by Federal Docket Management System (FDMS) Docket ID FMCSA-2021-0052 using 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:

Docket Operations, 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., ET, 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:

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. 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, 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

https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT:

Ms. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA, (202) 366-4225 or by email at

MCPSD@dot.gov.

If you have questions on viewing or submitting material to the docket, contact Dockets Operations, (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-2021-0052), 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-2021-0052”) in the “Keyword” box, and click “Search.” When the new screen appears, click on the “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. FMCSA will consider all comments and material received during the comment period.

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 any safety analyses that have been conducted. 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 achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The Agency must publish its decision in the

Federal Register

(49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption and the regulatory provision from which the exemption is granted. The notice must specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)).

III. Applicant's Requests

APA requests renewal of its HOS exemptions from the 14-hour rule in 49 CFR 395.3(a)(2) and the ELD rule in 49 CFR 395.8(a)(1)(i) for 42 of 60 companies included in the 2021 HOS exemptions, which expired on July 8, 2021 [86 FR 34834]. The application also requests the exemptions on behalf of 3 additional companies not included in the 2021 HOS exemptions. A copy of the request and additional correspondence modifying the request are in the docket at the beginning of this notice.

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.

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 Applications for Renewal of APA Exemptions From the 14-Hour and ELD HOS Rules for Independence Day Periods

June 28, 2022 Through July 8, 2026, for 45 Motor Carriers

Motor carrier

Street address

City, state, zip code

DOT No.

1

American Fireworks Display, LLC

105 County Route 7

McDonough, NY 13801

2115608

2

AM Pyrotechnics, LLC

2429 East 535th Rd

Buffalo, MO 65622

1034961

3

Arthur Rozzi Pyrotechnics

6607 Red Hawk Ct

Maineville, OH 45039

2008107

4

Artisan Pyrotechnics, Inc

82 Grace Road

Wiggins, MS 39577

1898096

5

Atlas PyroVision Entertainment Group, Inc

136 Sharon Road

Jaffrey, NH 03452

789777

6

Celebration Fireworks, Inc

7911 7th Street

Slatington, PA 18080

1527687

7

*CP Transport, LLC

6377 Hwy. 62 NE

Lanesville, IN 47136

3076205

8

Dominion Fireworks, Inc

669 Flank Road

Petersburg, VA 23805

540485

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

Aluminum King Mfg., Ltd. dba Flashing Thunder Fireworks

700 E Van Buren Street

Mitchell, IA 50461

420413

13

Great Lakes Fireworks

24805 Marine

Eastpointe, MI 48021

1011216

14

Hale Artificier, Inc

3185 East US Hwy. 64

Lexington, NC 27292

981325

15

Hamburg Fireworks Display, Inc

2240 Horns Mill Road SE

Lancaster, OH

395079

16

Hollywood Pyrotechnics, Inc

1567 Antler Point

Eagan, MN 55122

1061068

17

J&J Computing dba Fireworks Extravaganza

174 Route 17 North

Rochelle Park, NJ 07662

2064141

18

J&M Displays, Inc

18064 170th Ave

Yarmouth, IA 52660

377461

19

Johnny Rockets Fireworks Display Company

3240 Love Rock

Steger, IL 60475

1263181

20

Las Vegas Display Fireworks, Inc

4325 West Reno Ave

Las Vegas, NV 89118

3060878

21

Legion Fireworks Co., Inc

10 Legion Lane

Wappingers Falls, NY 12590

554391

22

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

P.O. Box 322

Hallowell, ME 04347

734974

23

Miand Inc. dba Planet Productions (Mad Bomber)

P.O. Box 294, 3999 Hupp Road R31

Kingsbury, IN 46345

777176

24

Montana Display Fireworks, Inc

9480 Inspiration Road

Missoula, MT 59808

1030231

25

*Pyro Productions Inc

2083 Helms Road

Rehobeth, AL 36301

3723192

26

*Pyro Shows East Coast

4652 Catawba River Road

Catawba, SC 29704

3709087

27

Pyro Shows, Inc

115 N 1st Street

LaFollette, TN 37766

456818

28

Pyro Shows of Alabama, Inc

3325 Poplar Lane

Adamsville, AL 35005

2859710

29

Pyro Shows of Texas, Inc

6601 9 Mile Azle Rd

Fort Worth, TX 76135

2432196

30

Pyro Spectaculars, Inc

3196 N Locust Ave

Rialto, CA 92376

029329

31

Pyro Spectaculars North, Inc

5301 Lang Avenue

McClellan, CA 95652

1671438

32

Pyrotecnico Fireworks Inc

299 Wilson Rd

New Castle, PA 16105

526749

33

Rainbow Fireworks, Inc

76 Plum Ave

Inman, KS 67546

1139643

34

RES Specialty Pyrotechnics dba RES Pyro

21595 286th St

Belle Plaine, MN 56011

523981

35

RKM Fireworks Company

27383 May St

Edwardsburg, MI 49112

1273436

36

Rozzi's Famous Fireworks, Inc

118 Karl Brown Way

Loveland, OH 45140

0483686

37

Santore's World Famous Fireworks, LLC

846 Stillwater Bridge Road

Schaghticoke, NY 12154

2574135

38

Southern Sky Fireworks, LLC

6181 Denham Rd

Sycamore, GA 31790-2603

3168056

39

Spielbauer Fireworks Co, Inc

1976 Lane Road

Green Bay, WI 54311

046479

40

Starfire Corporation

682 Cole Road

Carrolltown, PA 15722

554645

41

Vermont Fireworks Co., dba Northstar Fireworks Co., Inc

2235 Vermont Route 14 South

East Montpelier, VT 05651

310632

42

Western Display Fireworks, Ltd

10946 S. New Era Rd

Canby, OR 97013

498941

43

Wolverine Fireworks Display, Inc

205 W Seidlers

Kawkawlin, MI

376857

44

Young Explosives Corp

2165 New Michigan Rd

Canandaigua, NY 14618

450304

45

Zambelli Fireworks MFG, Co., Inc

120 Marshall Drive

Warrendale, PA 15086

033167

[FR Doc. 2022-14510 Filed 7-7-22; 8:45 am]

BILLING CODE 4910-EX-P