80 FR 124 pgs. 37040-37043 - Hours of Service of Drivers; Renewal and Expansion of American Pyrotechnics Association Exemption From the 14-Hour Rule During Independence Day Celebrations
Type: NOTICEVolume: 80Number: 124Pages: 37040 - 37043
Pages: 37040, 37041, 37042, 37043Docket number: [Docket No. FMCSA-2007-28043]
FR document: [FR Doc. 2015-15879 Filed 6-26-15; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Motor Carrier Safety Administration
Official PDF Version: PDF Version
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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:
[top] 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
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
[top] 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
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| Motor carrier | Street address | City, state, zip code | DOT No. |
|---|---|---|---|
| 1American Fireworks Company | 7041 Darrow Road | Hudson, OH 44236 | 103972 |
| 2American Fireworks Display, LLC | P.O. Box 980 | Oxford, NY 13830 | 2115608 |
| 3AM Pyrotechnics, LLC | 2429 East 535th Rd | Buffalo, MO 65622 | 1034961 |
| 4Atlas PyroVision Entertainment Group, Inc | 136 Old Sharon Rd | Jaffrey, NH 03452 | 789777 |
| 5Central States Fireworks, Inc | 18034 Kincaid Street | Athens, IL 62613 | 1022659 |
| 6Colonial Fireworks Company | 5225 Telegraph Road | Toledo, OH 43612 | 177274 |
| 7East Coast Pyrotechnics, Inc | 4652 Catawba River Rd | Catawba, SC 29704 | 545033 |
| 8Entertainment Fireworks, Inc | 13313 Reeder Road SW | Tenino, WA 98589 | 680942 |
| 9Falcon Fireworks | 3411 Courthouse Road | Guyton, GA 31312 | 1037954 |
| 10Fireworks & Stage FX America | 12650 Hwy 67S. Suite B | Lakeside, CA 92040 | 908304 |
| 11Fireworks by Grucci, Inc | 20 Pinehurst Drive | Bellport, NY 11713 | 324490 |
| 12J&J Computing dba Fireworks Extravaganza | 174 Route 17 North | Rochelle Park, NJ 07662 | 2064141 |
| 13Fireworks West Internationale | 910 North 3200 West | Logan, UT 84321 | 245423 |
| 14Gateway Fireworks Displays | P.O. Box 39327 | St Louis, MO 63139 | 1325301 |
| 15Great Lakes Fireworks | 24805 Marine | Eastpointe, MI 48021 | 1011216 |
| 16Hamburg Fireworks Display, Inc | 2240 Horns Mill Road SE | Lancaster, OH | 395079 |
| 17Hawaii Explosives & Pyrotechnics, Inc | 17-7850 N. Kulani Road | Mountain View, HI 96771 | 1375918 |
| 18Hollywood Pyrotechnics, Inc | 1567 Antler Point | Eagan, MN 55122 | 1061068 |
| 19Homeland Fireworks, Inc | P.O. Box 7 | Jamieson, OR 97909 | 1377525 |
| 20Island Fireworks Co., Inc | N1597 County Rd VV | Hager City, WI 54014 | 414583 |
| 21J&M Displays, Inc | 18064 170th Ave | Yarmouth, IA 52660 | 377461 |
| 22Lantis Fireworks, Inc | 130 Sodrac Dr., Box 229 | N. Sioux City, SD 57049 | 534052 |
| 23Legion Fireworks Co., Inc | 10 Legion Lane | Wappingers Falls, NY 12590 | 554391 |
| 24Miand Inc. dba Planet Productions (Mad Bomber) | P.O. Box 294, 3999 Hupp Road R31 | Kingsbury, IN 46345 | 777176 |
| 25Martin & Ware Inc. dba Pyro City Maine & Central Maine Pyrotechnics | P.P. Box 322 | Hallowell, ME 04347 | 734974 |
| 26Melrose Pyrotechnics, Inc | 1 Kinsgubury Industrial Park | Kingsbury, IN 46345 | 434586 |
| 27Precocious Pyrotechnics, Inc | 4420-278th Ave NW | Belgrade, MN 56312 | 435931 |
| 28Pyro Spectacluars, Inc | 3196 N Locust Ave | Rialto, CA 92376 | 029329 |
| 29Pyro Spectaculars North, Inc | 5301 Lang Avenue | McClellan, CA 95652 | 1671438 |
| 30Pyrotechnic Display, Inc | 8450 W. St. Francis Rd | Frankfort, IL 60423 | 1929883 |
| 31Pyrotecnico (S. Vitale Pyrotechnic Industries, Inc.) | 302 Wilson Rd | New Castle, PA 16105 | 526749 |
| 32Pyrotecnico, LLC | 60 West Ct | Mandeville, LA 70471 | 548303 |
| 33Pyrotecnico FX | 6965 Speedway Blvd. Suite 115 | Las Vegas, NV 89115 | 1610728 |
| 34Rainbow Fireworks, Inc | 76 Plum Ave | Inman, KS 67546 | 1139643 |
| 35RES Specialty Pyrotechnics | 21595 286th St | Belle Plaine, MN 56011 | 523981 |
| 36Rozzi's Famous Fireworks, Inc | 11605 North Lebanon Rd | Loveland, OH 45140 | 0483686 |
| 37Skyworks, Ltd | 13513 W. Carrier Rd | Carrier, OK 73727 | 1421047 |
| 38Spielbauer Fireworks Co, Inc | 220 Roselawn Blvd | Green Bay, WI 54301 | 046479 |
| 39Starfire Corporation | 682 Cole Road | Carrolltown, PA 15722 | 554645 |
| 40Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc | 2235 Vermont Route 14 South | East Montpelier, VT 05651 | 310632 |
| 41Western Display Fireworks, Ltd | 10946 S. New Era Rd | Canby, OR 97013 | 498941 |
| 42Western Enterprises, Inc | P.O. Box 160 | Carrier, OK 73727 | 203517 |
| 43Western Fireworks, Inc | 14592 Ottaway Road NE | Aurora, OR 97002 | 838585 |
| 44Wolverine Fireworks Display, Inc | 205 W Seidlers | Kawkawlin, MI | 376857 |
| 45Young Explosives Corp | P.O. Box 18653 | Rochester, NY 14618 | 450304 |
| 46Zambelli 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. |
|---|---|---|---|
| 1Pyro Shows of Texas, Inc | 6601 9 Mile Azle Rd | Fort Worth, TX 76135 | 2432196 |
| 2Sorgi American Fireworks Michigan, LLC | 935 Wales Ridge Rd | Wales, MI 48027 | 2475727 |
| 3Spirit of 76 | 6401 West Hwy 40 | Columbia, MO 65202 | 2138948 |
| 4USA Halloween Planet Inc. dba USA Fireworks | 7800 Record Street, Suite A | Indianapolis, IN 46226 | 725457 |
| 5Arthur 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