Hours of Service (HOS) of Drivers; American Pyrotechnics Association (APA) Application for an Exemption From the 14-Hour Rule During Independence Day Celebrations, 30047-30049 [E7-10275]
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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Notices
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transportation of persons, property and
mail between any point or points in the
United States and any point or points in
the European Common Aviation Area
(‘‘ECAA’’); and (C) other charters
(between non-EU/ECAA third countries
and the United States, and otherwise) in
accordance with 14 CFR Part 212.
Docket Number: OST–2003–14579.
Date Filed: May 18, 2007.
Due Date for Answers, Conforming
Applications, or Motion to Modify
Scope: June 8, 2007.
Description: Application of Republic
Airline Inc. d/b/a Republic Airlines
(‘‘Republic’’) requesting an amendment
of its certificate of public convenience
and necessity to remove Condition 4,
which limits Republic’s scheduled
passenger authority to operations
conducted under fee-for-service
agreements with major U.S. air carriers.
For
FHWA: Kathleen O. Laffey, Division
Administrator, Federal Highway
Administration, 19 Chenell Dr. Suite
One, Concord, NH, 03301, Office Hours:
8 a.m. to 4:30 p.m., (603) 228–0417, email:
NewHampshire.FHWA@fhwa.dot.gov.
For USACE: Christine A. Godfrey, Chief,
Regulatory Division, NE District, 696
Virginia Road, Concord, MA, 01742–
2751, Office Hours: 7:30 a.m. to 4 p.m.,
(978) 318–8335, e-mail:
christine.a.godfrey@usace.army.mil. For
NHDOT: William J. Cass, P.E., Assistant
Director of Project Development, NH
Department of Transportation, 1 Hazen
Drive, PO Box 483, Concord, NH, 03302,
Office Hours: 8 a.m. to 4 p.m., (603)
271–6152, bcass@dot.state.nh.us.
FOR FURTHER INFORMATION CONTACT:
Notice is
hereby given that the FHWA and other
Federal agencies have taken final agency
Renee V. Wright,
actions by issuing permits and
Program Manager, Docket Operations,
approvals for the following highway
Federal Register Liaison.
project in the State of New Hampshire:
[FR Doc. E7–10299 Filed 5–29–07; 8:45 am]
Improvements to the Interstate 93
BILLING CODE 4910–9X–P
corridor between Salem and
Manchester, New Hampshire, to
DEPARTMENT OF TRANSPORTATION improve the transportation efficiency
and reduce safety problems associated
Federal Highway Administration
with this approximately 19.8-mile
segment of highway. The existing fourNotice of Final Federal Agency Actions lane Interstate highway will be
on Proposed Highway in New
increased to eight lanes, improvements
Hampshire
will be made at each of the five
interchange locations along this segment
AGENCY: Federal Highway
of highway, and existing geometric
Administration (FHWA), DOT.
deficiencies will be addressed. The
ACTION: Notice of limitation on claims
FHWA project number is IM––IR–93–
for judicial review of actions of FHWA
1(174)0, while the New Hampshire
and other Federal agencies.
Department of Transportation (NHDOT)
SUMMARY: This notice announces actions project number is 10418-C. The actions
by the Federal agencies, and the laws
taken by the FHWA and other Federal
under which such actions were taken,
agencies that are found within the
are described in the Final
meaning of 23 U.S.C. 139(l)(l). These
Environmental Impact Statement (FEIS)
actions relate to a proposed highway
for the project, approved on April 28,
project, Interstate 93 beginning at the
2004, in the FHWA Record of Decision
Massachusetts State Line in Salem, and
(ROD) issued on June 28, 2005, and in
proceeding northerly 19.8 miles to the
other documents in the administrative
junction of I–293 in Manchester in
Rockingham and Hillsborough Counties, record. The FEIS, ROD, and other
documents in the Federal administrative
State of New Hampshire. These actions
record file are available by contacting
grant licenses, permits, and approval of
the FHWA or the NHDOT at the
the project.
addresses provided above. The FHWA
DATES: By this notice, the FHWA is
FEIS and ROD can be viewed and
advising the public of final agency
downloaded from the project Web site
actions subject to 23 U.S.C. 139(l)(l). A
at: https://www.rebuildingI93.com/
claim seeking judicial review of the
content/overview. The USACE decision
Federal agency actions on the highway
and permit (USACE Permit No.
project will be barred unless the claim
is filed on or before November 26, 2007. 199201232/NAE–2004–233) are
available by contacting USACE at the
If the Federal law that authorizes
address provided above.
judicial review of a claim provides a
This notice applies to all Federal
time period of less than 180 days for
filing such claim, then that shorter time agency decisions as of the issuance date
of this notice and all laws under which
period still applies.
VerDate Aug<31>2005
19:13 May 29, 2007
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SUPPLEMENTARY INFORMATION:
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30047
such actions were taken, including but
not limited to:
1. National Environmental Policy Act
(NEPA) [42 U.S.C. 4321–4351].
2. Federal-Aid Highway Act [23
U.S.C. 109].
3. Clean Air Act, 42 U.S.C. 7401–
7671(q).
4. Section 4(f) of the Department of
Transportation Act of 1966 [49 U.S.C.
303].
5. Fish and Wildlife Coordination Act
[16 U.S.C. 661–667(d)].
6. Magnuson-Stevens Fishery
Conservation and Management Act of
1976, as amended [16 U.S.C. 1801 et
seq.].
7. Section 106 of the National Historic
Preservation Act of 1966, as amended
[16 U.S.C. 470(f) et seq.].
8. Farmland Protection Policy Act
(FPPA) [7 U.S.C. 4201–4209]
9. Clean Water Act, 33 U.S.C. 1251–
1377 (Section 404, Section 401).
10. E.O. 11990 Protection of
Wetlands.
11. E.O. 11988 Floodplain
Management.
12. E.O. 12898 Federal Actions to
Address Environmental Justice in
Minority Populations and Low Income
Populations.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program)
Authority: 23 U.S.C. 139(1)(1)
Issued on: May 23, 2007.
Kathleen O. Laffey,
Division Administrator, Concord, NH.
[FR Doc. E7–10357 Filed 5–29–07; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–28090]
Hours of Service (HOS) of Drivers;
American Pyrotechnics Association
(APA) Application for an Exemption
From the 14-Hour Rule During
Independence Day Celebrations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
SUMMARY: The Federal Motor Carrier
Safety Administration (FMCSA)
requests public comment on the
American Pyrotechnics Association’s
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sroberts on PROD1PC70 with NOTICES
30048
Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Notices
(APA) application for an exemption
from the prohibition against driving a
commercial motor vehicle (CMV) after
the 14th hour of coming on duty. The
exemption for nine motor carriers
would be applicable for a period
beginning 7 days prior to, and 2 days
immediately following Independence
Day in 2007 and 2008. Fireworks
personnel who operate CMVs in
conjunction with fireworks shows
celebrating Independence Day would be
allowed to exclude off-duty and sleeperberth time of any length in the
calculation of the 14 hours. Drivers
would not be allowed to drive after
accumulating a total of 14 hours of onduty 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 weekly
limits. APA believes the exemption
would achieve a level of safety
equivalent to what would be provided
by compliance with the 14-hour rule as
it applies to other drivers of propertycarrying vehicles.
DATES: Comments must be received on
or before June 14, 2007.
ADDRESSES: You may submit comments
to the DOT Docket Management System
(DMS), referencing Docket Number
FMCSA–2007–28090, using any of the
following methods:
• Web Site: https://dmses.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation,
Room W12–140, 1200 New Jersey Ave.
SE., Washington, DC 20590.
• Hand Delivery: Room W12–140,
Ground Floor of West Building, U.S.
Department of Transportation, 1200
New Jersey Ave. SE., Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the Agency name and docket
number for this notice. Note that all
comments received will be posted
without change to https://dms.dot.gov,
including any personal information
provided. Please see the Privacy Act
heading for further information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or Room W12–
140, Ground Floor of West Building,
U.S. Department of Transportation, 1200
VerDate Aug<31>2005
19:13 May 29, 2007
Jkt 211001
New Jersey Ave., SE., Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The DMS is available 24 hours
each day, 365 days each year. If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of DOT’s dockets by
the name of the individual submitting
the comment (or of the person signing
the comment, if submitted on behalf of
an association, business, labor union, or
other entity). You may review the
Department of Transportation’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477; Apr. 11, 2000). This
statement is also available at https://
dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, Office of Bus and
Truck Standards and Operations, MC–
PSD, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590–0001.
Telephone: 202–366–4009. E-mail:
MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation
Equity Act for the 21st Century (Pub. L.
105–178, June 9, 1998, 112 Stat. 107)
amended 49 U.S.C. 31315 and 31136(e)
to provide authority to the Federal
Motor Carrier Safety Administration
(FMCSA) to grant exemptions from the
motor carrier safety regulations. The
FMCSA must publish a notice of each
exemption request in the Federal
Register (49 CFR 381.315(a)). The
FMCSA must provide the public with
an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted, and it must provide an
opportunity for public comment on the
request.
The FMCSA reviews the safety
analyses and the public comments and
determines whether granting the
exemption would 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 FMCSA’s decision must be
published in the Federal Register (49
CFR 381.315(b)). If FMCSA denies the
application, it must state the reason for
doing so. If FMCSA grants the
exemption, the notice must specify the
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person or class of persons receiving the
exemption and the regulatory provision
or provisions from which exemption is
being granted. The notice must also
specify the effective period of the
exemption (up to 2 years) and explain
the terms and conditions of the
exemption.
Application for an Exemption
The American Pyrotechnics
Association (APA) has requested an
exemption for nine member companies
from FMCSA’s prohibition against
drivers of property-carrying CMVs
operating such vehicles after the 14th
hour of coming on duty (49 CFR
395.3(a)(2)). Fireworks personnel
covered by the exemption would be
allowed to exclude off-duty and sleeperberth time of any length from the
calculation of the 14-hour rule. Drivers
would not be allowed to drive after the
accumulation of 14 hours of on-duty
time following 10 consecutive hours off
duty. This exemption would be
applicable to approximately 100 new
drivers employed by the motor carriers
identified in the appendix to this notice.
A copy of the application is included in
the docket referenced at the beginning
of this notice.
On July 1, 2005, FMCSA published a
notice in the Federal Register granting
a similar exemption to APA for 72
member companies. The original
exemption expired on July 7, 2006, and
APA has requested a renewal for those
original companies. That application for
renewal is being evaluated separately by
FMCSA, and notice of it is published
elsewhere in today’s edition of the
Federal Register.
APA, a trade association representing
the domestic fireworks industry, asserts
that full compliance with the current
hours-of-service (HOS) regulations
during the brief period surrounding
Independence Day imposes a substantial
economic hardship on its members that
operate fireworks for the public. This
period is the busiest time of the year for
these companies. APA members are
engaged to stage multiple shows in
celebration of Independence Day,
during a compressed timeframe.
The member-company drivers that
would be covered by the exemption are
trained pyrotechnicians, each holding a
commercial driver’s license with a
hazardous materials (HM) endorsement.
These drivers transport fireworks and
equipment to remote locations under
demanding schedules. During the week
before Independence Day, these
companies are engaged to stage multiple
shows in a very compressed period of
time. To meet the press of business in
this 1-week period under the current
E:\FR\FM\30MYN1.SGM
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30049
Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Notices
HOS rules, companies would be
required to hire a second driver for most
trips. This would result in a substantial
increase in the cost of these shows, and
as a result, many shows would be
cancelled. Alternatively, APA members
would be forced to significantly
decrease their engagements. In either
case, these companies would have to
decrease the number of shows they
provide, thereby denying many
Americans a primary component of
their Independence Day celebration.
Method To Ensure an Equivalent or
Greater Level of Safety
APA believes that the exemption will
not adversely affect the safety of the
motor carrier transportation provided by
their member companies. Many APA
member companies operated under the
prior exemption for two years with no
reports of incidents of any kind.
Moreover, according to the APA, the
exemption will enhance safety by
decreasing the number of CMVs
stationed with HM Division 1.3 and 1.4
products aboard at locations throughout
the country. Under the exemption,
CMVs will be able to return to their
home base, which is a secured area for
these types of products.
The FMCSA will file comments
received after the comment closing date
in the public docket and will consider
them to extent practicable. In addition
to late comments, FMCSA will also
continue to file in the public docket
other relevant information that becomes
available after the comment closing
date. Interested persons should monitor
the public docket for new material.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comments on APA’s application for an
exemption from the requirements of 49
CFR 395.3(a)(2) for these nine
companies. FMCSA will consider all
comments received by close of business
on June 14, 2007. Comments will be
available for examination in the docket
listed at the beginning of this notice.
Issued on: May 23, 2007.
Larry W. Minor,
Acting Associate Administrator, Policy and
Program Development.
Appendix to Notice of Application for
Exemption by American Pyrotechnics
Association From the 14-Hour Rule
During 2007 and 2008 Independence
Day Celebrations
APA MEMBERS TO BE COVERED BY EXEMPTION FROM 14 HOUR RULE IN HOURS OF SERVICE FOR DRIVERS REGULATION
Company name
Address
City, State, ZIP
Alpha-Lee Enterprises, Inc. ..............................
4111 FM 2351 .................................................
American Fireworks Company .........................
Cartwright Fireworks, Inc. ................................
Entertainment Fireworks, Inc. ..........................
7041 Darrow Road ..........................................
1608 Keely Road ............................................
P.O. Box 7160 ................................................
Fireworks Productions of Arizona, Ltd .............
Great Lakes Fireworks .....................................
Rainbow Fireworks, Inc. ...................................
Skyworks, Ltd. ..................................................
Stellar Fireworks, Inc. .......................................
17034 S. 54th Street .......................................
24805 Marine ..................................................
76 Plum Ave. ..................................................
13513 W. Carrier Road ...................................
4440 Southeast Blvd. ......................................
Friendswood, TX
77546.
Hudson, OH 44236 ....
Franklin, PA 16323 ....
Olympia, WA 98507–
7160.
Chandler, AZ 85226 ...
Eastpointe, MI 48021
Inman, KS 67546 .......
Carrier, OK 73727 ......
Wichita, KS 67210 .....
[FR Doc. E7–10275 Filed 5–29–07; 8:45 am]
challenges of project decisions subject
to a previous notice published in the
Federal Register on December 4, 2006.
DATES: By this notice, FTA is advising
the public of a final agency action
subject to Title 23, United States Code
(U.S.C.), section 139(l). Any claim
seeking judicial review of the FTA
action announced herein for the listed
public transportation project will be
barred unless the claim is filed on or
before November 26, 2007.
FOR FURTHER INFORMATION CONTACT: Carl
Bausch, Office of Planning and
Environment, 202–366–1626, or
Christopher Van Wyk, Office of Chief
Counsel, 202–366–1733. FTA is located
at 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Office hours are
from 9 a.m. to 5:30 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that FTA has taken a final
agency action for the public
transportation project listed below. This
notice describes the action taken for
which the 180-day statute of limitations
will apply. Nothing in this notice affects
the FTA’s previous decisions, or notice
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice of Limitation on Claims Against
a Proposed Public Transportation
Project
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Limitation on Claims.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: This notice announces a final
agency action taken by the Federal
Transit Administration (FTA) for the
Dulles Corridor Metrorail Project, a
public transportation project in the
Washington, DC metropolitan area. The
purpose of this notice is to announce
the decision by FTA not to perform
supplemental review under the National
Environmental Policy Act (NEPA) on
the subject project and to activate the
limitation on any claims that may
challenge this final agency action. This
notice does not alter or extend the
limitation period of 180 days for
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DOT No.
1324580
103972
882283
680942
948780
1011216
1139643
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1349562
thereof, for this project. More
specifically, the statute of limitations for
the approvals documented in the
project’s November 17, 2006, amended
Record of Decision and the
environmental documents on which it is
based will still expire on June 4, 2007,
as noticed in the Federal Register on
December 4, 2006 (71 FR 70449). This
notice only applies to the discrete action
taken by FTA at this time that is
described below.
The project and action subject to this
notice are:
Project name and location: Dulles
Corridor Metrorail Project; metropolitan
Washington, DC. Project sponsor:
Virginia Department of Rail and Public
Transportation, Washington
Metropolitan Area Transit Authority
(WMATA), and Metropolitan
Washington Airports Authority. Project
description: The project is an extension
of the Washington regional Metrorail
system in Fairfax and Loudoun
Counties, Virginia. It will include
approximately 23 miles of electricallypowered rapid rail transit operating in
exclusive right-of-way with at-grade,
aerial, and subway sections, 11 new
E:\FR\FM\30MYN1.SGM
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Agencies
[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Notices]
[Pages 30047-30049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10275]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-28090]
Hours of Service (HOS) of Drivers; American Pyrotechnics
Association (APA) Application for an Exemption From the 14-Hour Rule
During Independence Day Celebrations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on the American Pyrotechnics Association's
[[Page 30048]]
(APA) application for an exemption from the prohibition against driving
a commercial motor vehicle (CMV) after the 14th hour of coming on duty.
The exemption for nine motor carriers would be applicable for a period
beginning 7 days prior to, and 2 days immediately following
Independence Day in 2007 and 2008. Fireworks personnel who operate CMVs
in conjunction with fireworks shows celebrating Independence Day would
be allowed to exclude off-duty and sleeper-berth time of any length in
the calculation of the 14 hours. 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 weekly limits. APA
believes the exemption would achieve a level of safety equivalent to
what would be provided by compliance with the 14-hour rule as it
applies to other drivers of property-carrying vehicles.
DATES: Comments must be received on or before June 14, 2007.
ADDRESSES: You may submit comments to the DOT Docket Management System
(DMS), referencing Docket Number FMCSA-2007-28090, using any of the
following methods:
Web Site: https://dmses.dot.gov. Follow the instructions
for submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Ave. SE., Washington, DC
20590.
Hand Delivery: Room W12-140, Ground Floor of West
Building, U.S. Department of Transportation, 1200 New Jersey Ave. SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the Agency name and
docket number for this notice. Note that all comments received will be
posted without change to https://dms.dot.gov, including any personal
information provided. Please see the Privacy Act heading for further
information.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or Room W12-
140, Ground Floor of West Building, U.S. Department of Transportation,
1200 New Jersey Ave., SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The DMS is
available 24 hours each day, 365 days each year. 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 on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review the Department of Transportation's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477; Apr. 11, 2000). This statement is also available at
https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 1200
New Jersey Ave., SE., Washington, DC 20590-0001. Telephone: 202-366-
4009. E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, June 9, 1998, 112 Stat. 107) amended 49 U.S.C. 31315
and 31136(e) to provide authority to the Federal Motor Carrier Safety
Administration (FMCSA) to grant exemptions from the motor carrier
safety regulations. The FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The FMCSA must
provide the public with an opportunity to inspect the information
relevant to the application, including any safety analyses that have
been conducted, and it must provide an opportunity for public comment
on the request.
The FMCSA reviews the safety analyses and the public comments and
determines whether granting the exemption would 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 FMCSA's decision must
be published in the Federal Register (49 CFR 381.315(b)). If FMCSA
denies the application, it must state the reason for doing so. If FMCSA
grants the exemption, the notice must specify the person or class of
persons receiving the exemption and the regulatory provision or
provisions from which exemption is being granted. The notice must also
specify the effective period of the exemption (up to 2 years) and
explain the terms and conditions of the exemption.
Application for an Exemption
The American Pyrotechnics Association (APA) has requested an
exemption for nine member companies from FMCSA's prohibition against
drivers of property-carrying CMVs operating such vehicles after the
14th hour of coming on duty (49 CFR 395.3(a)(2)). Fireworks personnel
covered by the exemption would be allowed to exclude off-duty and
sleeper-berth time of any length from the calculation of the 14-hour
rule. Drivers would not be allowed to drive after the accumulation of
14 hours of on-duty time following 10 consecutive hours off duty. This
exemption would be applicable to approximately 100 new drivers employed
by the motor carriers identified in the appendix to this notice. A copy
of the application is included in the docket referenced at the
beginning of this notice.
On July 1, 2005, FMCSA published a notice in the Federal Register
granting a similar exemption to APA for 72 member companies. The
original exemption expired on July 7, 2006, and APA has requested a
renewal for those original companies. That application for renewal is
being evaluated separately by FMCSA, and notice of it is published
elsewhere in today's edition of the Federal Register.
APA, a trade association representing the domestic fireworks
industry, asserts that full compliance with the current hours-of-
service (HOS) regulations during the brief period surrounding
Independence Day imposes a substantial economic hardship on its members
that operate fireworks for the public. This period is the busiest time
of the year for these companies. APA members are engaged to stage
multiple shows in celebration of Independence Day, during a compressed
timeframe.
The member-company drivers that would be covered by the exemption
are trained pyrotechnicians, each holding a commercial driver's license
with a hazardous materials (HM) endorsement. These drivers transport
fireworks and equipment to remote locations under demanding schedules.
During the week before Independence Day, these companies are engaged to
stage multiple shows in a very compressed period of time. To meet the
press of business in this 1-week period under the current
[[Page 30049]]
HOS rules, companies would be required to hire a second driver for most
trips. This would result in a substantial increase in the cost of these
shows, and as a result, many shows would be cancelled. Alternatively,
APA members would be forced to significantly decrease their
engagements. In either case, these companies would have to decrease the
number of shows they provide, thereby denying many Americans a primary
component of their Independence Day celebration.
Method To Ensure an Equivalent or Greater Level of Safety
APA believes that the exemption will not adversely affect the
safety of the motor carrier transportation provided by their member
companies. Many APA member companies operated under the prior exemption
for two years with no reports of incidents of any kind. Moreover,
according to the APA, the exemption will enhance safety by decreasing
the number of CMVs stationed with HM Division 1.3 and 1.4 products
aboard at locations throughout the country. Under the exemption, CMVs
will be able to return to their home base, which is a secured area for
these types of products.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comments on APA's application for an exemption from the
requirements of 49 CFR 395.3(a)(2) for these nine companies. FMCSA will
consider all comments received by close of business on June 14, 2007.
Comments will be available for examination in the docket listed at the
beginning of this notice. The FMCSA will file comments received after
the comment closing date in the public docket and will consider them to
extent practicable. In addition to late comments, FMCSA will also
continue to file in the public docket other relevant information that
becomes available after the comment closing date. Interested persons
should monitor the public docket for new material.
Issued on: May 23, 2007.
Larry W. Minor,
Acting Associate Administrator, Policy and Program Development.
Appendix to Notice of Application for Exemption by American
Pyrotechnics Association From the 14-Hour Rule During 2007 and 2008
Independence Day Celebrations
Apa Members To Be Covered by Exemption From 14 Hour Rule in Hours of Service for Drivers Regulation
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Company name Address City, State, ZIP DOT No.
--------------------------------------------------------------------------------------------------
Alpha-Lee Enterprises, Inc...... 4111 FM 2351............ Friendswood, TX 1324580
77546.
American Fireworks Company...... 7041 Darrow Road........ Hudson, OH 44236.. 103972
Cartwright Fireworks, Inc....... 1608 Keely Road......... Franklin, PA 16323 882283
Entertainment Fireworks, Inc.... P.O. Box 7160........... Olympia, WA 98507- 680942
7160.
Fireworks Productions of 17034 S. 54th Street.... Chandler, AZ 85226 948780
Arizona, Ltd.
Great Lakes Fireworks........... 24805 Marine............ Eastpointe, MI 1011216
48021.
Rainbow Fireworks, Inc.......... 76 Plum Ave............. Inman, KS 67546... 1139643
Skyworks, Ltd................... 13513 W. Carrier Road... Carrier, OK 73727. 1421047
Stellar Fireworks, Inc.......... 4440 Southeast Blvd..... Wichita, KS 67210. 1349562
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[FR Doc. E7-10275 Filed 5-29-07; 8:45 am]
BILLING CODE 4910-EX-P