Hours of Service (HOS) of Drivers; Application of American Pyrotechnics Association (APA) for Exemption From the 14-Hour Rule During Independence Day Celebrations, 24066-24069 [E9-12056]
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24066
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
[FR Doc. E9–11988 Filed 5–21–09; 8:45 am]
BILLING CODE 4910–9X–C
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Project Number SP–0008–03(048)]
Environmental Impact Statement:
Rankin County, MS
erowe on PROD1PC63 with NOTICES
AGENCY: Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of Intent.
SUMMARY: The FHWA is issuing this
notice to advise the public that an
environmental impact statement will be
prepared for a proposed highway project
in Rankin County, Mississippi. The
project study area will extend a distance
of approximately 15 miles from U.S.
Highway 49 near Star, Mississippi, to
Interstate 20 near State Route 475 in
Pearl, Mississippi.
FOR FURTHER INFORMATION CONTACT: Mr.
Dickie Walters, Environmental
Protection Specialist, Federal Highway
Administration, 666 North Street, Suite
105, Jackson, MS 39202–3199,
Telephone: (601) 965–4217. Contact at
the State level is Mr. Claiborne
Barnwell, Environmental/Location
Division Engineer, Mississippi
Department of Transportation, P.O. Box
1850, Jackson, MS 39215–1850,
telephone: (601) 359–7920.
SUPPLEMENTARY INFORMATION: The
FHWA, in cooperation with the
Mississippi Department of
Transportation (MDOT), will prepare an
Environmental Impact Statement (EIS)
for a U.S. Highway 49 Star Connector in
Rankin County, Mississippi. The
proposed improvements are intended to
help alleviate high levels of congestion
and travel delays on U.S. Highway 49
between Star and Interstate 20.
A Coordination Plan for Agency and
Public Involvement will be developed
in accordance with Public Law 109–59,
SAFETEA–LU, Title VI, Section 6002,
Efficient Environmental Reviews for
Project Decision Making, August 10,
2005, and will outline the process by
which project information will be
communicated to the lead, cooperating,
participating, and other agencies and
organizations, and the public. This plan
will also identify how input from
agencies and the public will be solicited
and considered. The Coordination Plan
is intended to be a flexible and fluid
document and will be available at
public and agency meetings for review.
The purpose of the EIS is to address
the transportation, environmental, and
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14:18 May 21, 2009
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safety issues of such a transportation
corridor. The proposed fully controlled
U.S. Highway 49 Star Connector on new
location would provide a safer roadway
and improve mobility for those traveling
to or through the Jackson Metropolitan
area from the South Mississippi region.
Additionally, the proposed U.S.
Highway 49 Star Connector would
create an additional route to I–55 North
by providing traffic a route through the
planned Airport Parkway reducing
movements through the I–55/I–20/U.S.
49 interchange. Alternatives under
consideration include (1) taking no
action and (2) build alternatives.
The FHWA and MDOT are seeking
input as a part of the scoping process to
assist in determining and clarifying
issues relative to this project. Letters
describing the proposed action and
soliciting comments will be sent to
appropriate Federal, State, and local
agencies, Native American tribes,
private organizations and citizens who
have previously expressed or are known
to have interest in this proposal. A
formal scoping meeting with Federal,
State, and local agencies, and other
interested parties will be held in the
near future. Public involvement
meetings will be held during the EIS
process. The draft EIS will be available
for public and agency review and
comment prior to the official public
hearing.
To ensure that the full range of issues
related to this proposed action are
addressed and all significant issues
identified, comments and suggestions
are invited from all interested parties.
Comments or questions concerning this
proposed action and the EIS should be
directed to the FHWA at the address
provided above.
Dated: May 18, 2009.
Donald E. Davis,
Assistant Division Administrator, Federal
Highway Administration, Mississippi
Division, Jackson, Mississippi.
[FR Doc. E9–11991 Filed 5–21–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–28043]
Hours of Service (HOS) of Drivers;
Application of American Pyrotechnics
Association (APA) for Exemption From
the 14-Hour Rule During Independence
Day Celebrations
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
ACTION: Notice of application for
exemption; request for comments.
SUMMARY: The American Pyrotechnics
Association (APA) has applied for a
limited exemption from FMCSA’s
regulation that drivers of commercial
motor vehicles (CMVs) may not drive
after the 14th hour after coming on duty.
The exemption would apply solely to
the operation of CMVs by 14 designated
APA motor carriers in conjunction with
staging fireworks shows celebrating
Independence Day during the periods
June 28–July 8, 2009, and June 28–July
8, 2010, inclusive. During these two
periods, the approximately 100 CMV
drivers employed by these 14 APA
motor carriers in conjunction with
staging fireworks shows would be
allowed to exclude off-duty and sleeperberth time of any length from the
calculation of the 14 hours. 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. The APA maintains that the
terms and conditions of the limited
exemption would ensure a level of
safety equivalent to, or greater than, the
level of safety achieved without the
exemption.
DATES: This exemption would be
effective during the periods of June 28,
2009, through July 8, 2009, inclusive,
and June 28, 2010, through July 8, 2010,
inclusive. The exemption would expire
on July 9, 2010. Comments must be
received on or before June 8, 2009.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2007–28043 by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Telefax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave., 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 Ave., SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., E.T., Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments and additional
information on the exemption process,
see the Public Participation heading
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
erowe on PROD1PC63 with NOTICES
below. Note that all comments received
will be posted without change to
https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: You may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19476) or you may visit https://
DocketInfo.dot.gov.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
may obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal Web site. 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 online. Comments received
after the comment closing date will be
included in the docket, and we will
consider late comments to the extent
practicable.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas L. Yager, Chief, FMCSA Driver
and Carrier Operations Division, Office
of Bus and Truck Standards and
Operations: Telephone: 202–366–4325.
E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation
Equity Act for the 21st Century (Pub. L.
105–178, 112 Stat. 107, June 9, 1998)
amended 49 U.S.C. 31315 and 31136(e)
to provide FMCSA authority to grant
exemptions from its motor carrier safety
regulations, including the hours-ofservice (HOS) rules. The procedure for
requesting an exemption is prescribed
in 49 CFR part 381. 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, and to comment on the
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14:18 May 21, 2009
Jkt 217001
request. The Agency may grant an
exemption for up to 2 years.
The Agency reviews the safety
analyses and public comments and may
grant the exemption 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’’ (49 CFR
381.305). The decision of the Agency
must be published in the Federal
Register (49 CFR 381.315(b)) with the
reason for denying or, in the alternative,
the specific person or class of persons
receiving the exemption, and the
regulatory provision or provisions from
which the exemption is 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.
APA Application for Exemption
The HOS rules in 49 CFR 395.3(a)(2)
prohibit a property-carrying CMV driver
from driving after the 14th hour after
coming on duty following 10
consecutive hours off duty. APA, a trade
association representing the domestic
fireworks industry, has applied for an
exemption from this subsection for 14 of
its member motor carriers. A copy of the
application is included in the docket
referenced at the beginning of this
notice. A list of the 14 APA motor
carriers within the scope of this
exemption request is included as an
appendix to this notice.
The initial APA application for this
type of exemption was submitted in
2004; a copy of it is in this docket. That
application fully describes the nature of
the pyrotechnic operations of the CMV
drivers employed by APA-member
motor carriers during a typical
Independence Day period. The CMV
drivers are trained pyro-technicians
holding a commercial driver’s license
(CDL) with hazardous materials (HM)
endorsement. They transport fireworks
and related equipment by CMV on a
very demanding schedule, often to
remote locations. After they arrive, the
APA drivers set-up and stage fireworks
shows.
In 2007, FMCSA granted this same
limited exemption to 70 APA-member
motor carriers for their CMV
transportation of fireworks for
Independence Day displays in 2007 and
2008 (72 FR 28755, May 22, 2007). The
Agency is not aware of any adverse
safety events related to APA operations
during these periods. APA has now
applied for the same limited exemption
for 14 additional motor carriers. (APA
has also applied for renewal of the
exemption granted in 2007 for 61 of the
70 member-companies.)
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APA is seeking this exemption
because compliance with the current 14hour rule by its members during these
two 11-day periods would impose a
substantial economic hardship on
numerous cities, towns and
municipalities, as well as the APA
companies. To meet the demand for
fireworks under the current HOS rules,
APA asserts that its member companies
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 APA’s customers—and
would deny many Americans this
important component of their
Independence Day celebration.
Method To Ensure an Equivalent or
Greater Level of Safety
APA believes that this exemption
would not adversely affect the safety of
the motor carrier transportation
provided by its members during the two
eleven-day periods. According to the
APA, without the extra on-duty 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.
APA has stated its belief that the
operational demands of this unique
industry minimize the risk of a CMV
crash. During the exemption period,
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 a
period of several hours off duty in the
late afternoon and early evening prior to
the shoot. During this time, the CMV
drivers are able to rest and nap, thereby
reducing or eliminating the fatigue
accumulated during the day. After the
shoot, they drive the CMVs to the point
of origin. This occurs late in the
evening, and thus avoids heavy traffic.
Before beginning another duty day,
these drivers must take 10 consecutive
hours off duty, the same as other CMV
drivers. APA believes that these
operations, conducted under the terms
and conditions of this limited
exemption, would provide a level of
safety that is equivalent to, or greater
than, the level of safety achieved
without the exemption.
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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
Terms and Conditions of the Exemption
Period of the Exemption
APA’s request for exemption from the
requirements of 49 CFR 395.3(a)(2)
would be effective June 28 through July
8, 2009, inclusive, and from June 28
through July 8, 2010, inclusive. The
requested exemption would expire on
July 9, 2010.
Extent of the Exemption
This exemption would be restricted to
drivers employed by the 14 companies,
firms and entities listed in the appendix
to this notice. The drivers would be
entitled to a limited exemption from the
requirements of 49 CFR 395.3(a)(2),
which prohibits a driver from driving
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 sleeperberth 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
a 14-hour on-duty period. The
exemption would further be contingent
on each driver having 10 consecutive
hours off duty following 14 hours on
duty prior to beginning a new driving
period. The drivers must comply with
all other requirements of 49 CFR part
395.
Preemption
During the periods the exemption
would be in effect, no State would be
permitted to 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.
Notification to FMCSA
Each company, firm and entity listed
in the appendix to this notice 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 its 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
During the exemption periods,
FMCSA would retain the authority to
take all steps necessary to protect the
public interest, including revocation of
the exemption. Exempt motor carriers
and drivers would be subject to FMCSA
monitoring while operating under this
exemption. FMCSA would immediately
revoke the exemption for failure to
comply with its terms and conditions.
Request for Comments
In accordance with 49 U.S.C.
31315(b)(4) and 31136(e), FMCSA
requests public comments on APA’s
request for a limited exemption from the
requirements of 49 CFR 395.3(a)(2) for
the 14 motor carriers listed in the
appendix to this notice. FMCSA will
consider all comments received by close
of business on June 8, 2009. All
comments will be available for
examination in the docket listed under
the ADDRESSES section of this notice.
The Agency will consider to the extent
practicable comments received in the
public docket after the closing date of
the comment period.
Issued on: May 18, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
APPENDIX TO THE NOTICE OF APPLICATION OF AMERICAN PYROTECHNICS ASSOCIATION (APA) FOR A LIMITED HOS
EXEMPTION FOR 14 MOTOR CARRIERS DURING THE 2009 AND 2010 INDEPENDENCE DAY CELEBRATIONS
Motor carrier
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1 .............
2 .............
3 .............
4 .............
5 .............
6 .............
7 .............
8 .............
9 .............
10 ...........
11 ...........
12 ...........
13 ...........
14 ...........
Address
Alpha-Lee Enterpirses, Inc .................................................
American Fireworks Company ...........................................
Atlas Pyrovision Productions, LLC .....................................
Cartwright Fireworks, Inc ...................................................
DDT, LLC—All American Transport, LLC ..........................
Entertainment Fireworks, Inc .............................................
Fireworks Productions of Arizona, Ltd ...............................
Fireworks West Internationale ............................................
Great Lakes Fireworks .......................................................
Hollywood Pyrotechnics, Inc ..............................................
Johnny Rockets Fireworks Display Co ..............................
Night Magic, Inc .................................................................
Rainbow Fireworks, Inc ......................................................
Victory Fireworks Inc ..........................................................
4111 FM 2351, Friendswood, TX 77546 ...........................
7041 Darrow Road, Hudson, OH 44236 ............................
P.O. Box 498, Jaffrey, NH 03452 ......................................
1608 Keely Road, Franklin, PA 16323 ..............................
4503 E. 460, Pryor, OK 74361 ..........................................
P.O. Box 7160, Olympia, WA 98507–7160 .......................
17034 S 54th Street, Chandler, AZ 85226 ........................
3200 West 910 North, Logan, UT 84321 ...........................
24805 Marine, Eastpointe, MI 48021 .................................
1567 Antler Point, Eagan, MN 55122 ................................
4410 N. Hamilton, Chicago, IL 60625 ................................
P.O. Box 294, Kingsbury, IN 46345 ...................................
76 Plum Ave., Inman, KS 67546 .......................................
579 Vincent Lane, Ellsworth, WI 54011 .............................
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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
[FR Doc. E9–12056 Filed 5–21–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–28043]
Hours of Service (HOS) of Drivers;
Renewal of American Pyrotechnics
Association (APA) Exemption From the
14-Hour Rule During Independence
Day Celebrations
erowe on PROD1PC63 with NOTICES
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption;
request for comments.
SUMMARY: FMCSA announces its
decision to renew the exemption of the
American Pyrotechnics Association
(APA) from FMCSA’s regulation that
drivers of commercial motor vehicles
(CMVs) may not drive after the 14th
hour after coming on duty. The
exemption for 61 motor carriers and
approximately 3,000 CMV drivers is
applicable during the periods June 28–
July 8, 2009, and June 28–July 8, 2010,
inclusive. Drivers who operate 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 hours. These
drivers will continue to be subject to the
11-hour driving time limit, and the 60and 70-hour on-duty limits. FMCSA
believes that with the terms and
conditions in place, APA members will
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 renewed exemption is
effective during the periods of June 28,
2009, through July 8, 2009, inclusive,
and June 28, 2010, through July 8, 2010,
inclusive. The exemption expires on
July 9, 2010. Comments must be
received on or before June 8, 2009.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number 2007–
28043 by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the Online
instructions for submitting comments.
• Telefax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave., SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
VerDate Nov<24>2008
14:18 May 21, 2009
Jkt 217001
140, 1200 New Jersey Ave., SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., E.T., Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments and additional
information on the exemption process,
see the Public Participation heading
below. Note that all comments received
will be posted without change to
https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov, and follow the
Online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: You may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19476) or you may visit https://
DocketInfo.dot.gov.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
may obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal Web site. 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 Online. Comments received
after the comment closing date will be
included in the docket, and we will
consider late comments to the extent
practicable.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas L. Yager, Chief, FMCSA Driver
and Carrier Operations Division, Office
of Bus and Truck Standards and
Operations; Telephone: 202–366–4325,
e-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e),
FMCSA may renew an exemption from
the hours of service (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
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Fmt 4703
Sfmt 4703
24069
that would be achieved absent such
exemption.’’ The procedures for
requesting an exemption (including
renewals) are prescribed in 49 CFR part
381. FMCSA has evaluated the APA
application for a renewal on its merits
and decided to renew the exemption for
the 61 companies requested for a twoyear period. The list of APA member
companies covered by the exemption
from 49 CFR 395.3(a)(2) is included as
an Appendix to this Notice.
APA Application for Exemption
Renewal
The HOS rules in 49 CFR 395.3(a)(2)
prohibit a property-carrying CMV driver
from driving after the 14th hour after
coming on duty following 10
consecutive hours off duty. APA, a trade
association representing the domestic
fireworks industry, has applied for
renewal of an exemption from this
subsection. A copy of the request for
renewal is included in the docket
referenced at the beginning of this
notice. A copy of APA’s original request
for exemption, submitted in December
2004, is also in the docket.
As stated in APA’s 2004 request for
exemption, the CMV drivers employed
by APA members are trained
pyrotechnicians, and hold a commercial
driver’s license (CDL) with hazardous
materials (HM) endorsement. They
transport fireworks and equipment by
CMV on a very demanding schedule
during a brief Fourth of July period,
often to remote locations. After they
arrive, the APA drivers set up and stage
fireworks shows.
In 2007, FMCSA granted this
exemption to certain APA members for
property-carrying CMV transportation
associated with the Independence Day
fireworks displays in 2007 and 2008.
The exemption was limited to the
period from June 28 to July 6, inclusive,
in 2007 and 2008 (72 FR 28755, May 22,
2007).
APA is seeking renewal of this
exemption for the 2009 and 2010
Independence Day periods because
compliance with the current 14-hour
rule 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 member companies 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
APA’s customers—and that many
Americans would be denied this
important component of the celebration
of Independence Day.
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Pages 24066-24069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12056]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-28043]
Hours of Service (HOS) of Drivers; Application of American
Pyrotechnics Association (APA) for 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 American Pyrotechnics Association (APA) has applied for a
limited exemption from FMCSA's regulation that drivers of commercial
motor vehicles (CMVs) may not drive after the 14th hour after coming on
duty. The exemption would apply solely to the operation of CMVs by 14
designated APA motor carriers in conjunction with staging fireworks
shows celebrating Independence Day during the periods June 28-July 8,
2009, and June 28-July 8, 2010, inclusive. During these two periods,
the approximately 100 CMV drivers employed by these 14 APA motor
carriers in conjunction with staging fireworks shows would be allowed
to exclude off-duty and sleeper-berth time of any length from the
calculation of the 14 hours. 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. The
APA maintains that the terms and conditions of the limited exemption
would ensure a level of safety equivalent to, or greater than, the
level of safety achieved without the exemption.
DATES: This exemption would be effective during the periods of June 28,
2009, through July 8, 2009, inclusive, and June 28, 2010, through July
8, 2010, inclusive. The exemption would expire on July 9, 2010.
Comments must be received on or before June 8, 2009.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2007-28043 by any of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Telefax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., 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 Ave., SE., Washington, DC 20590, between
9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal
holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading
[[Page 24067]]
below. Note that all comments received will be posted without change to
https://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
Privacy Act: You may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19476) or you may visit https://DocketInfo.dot.gov.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You may obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. 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 online. Comments received after the
comment closing date will be included in the docket, and we will
consider late comments to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas L. Yager, Chief, FMCSA
Driver and Carrier Operations Division, Office of Bus and Truck
Standards and Operations: Telephone: 202-366-4325. E-mail:
MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide FMCSA authority to grant exemptions from its
motor carrier safety regulations, including the hours-of-service (HOS)
rules. The procedure for requesting an exemption is prescribed in 49
CFR part 381. 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,
and to comment on the request. The Agency may grant an exemption for up
to 2 years.
The Agency reviews the safety analyses and public comments and may
grant the exemption 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'' (49 CFR 381.305). The
decision of the Agency must be published in the Federal Register (49
CFR 381.315(b)) with the reason for denying or, in the alternative, the
specific person or class of persons receiving the exemption, and the
regulatory provision or provisions from which the exemption is 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.
APA Application for Exemption
The HOS rules in 49 CFR 395.3(a)(2) prohibit a property-carrying
CMV driver from driving after the 14th hour after coming on duty
following 10 consecutive hours off duty. APA, a trade association
representing the domestic fireworks industry, has applied for an
exemption from this subsection for 14 of its member motor carriers. A
copy of the application is included in the docket referenced at the
beginning of this notice. A list of the 14 APA motor carriers within
the scope of this exemption request is included as an appendix to this
notice.
The initial APA application for this type of exemption was
submitted in 2004; a copy of it is in this docket. That application
fully describes the nature of the pyrotechnic operations of the CMV
drivers employed by APA-member motor carriers during a typical
Independence Day period. The CMV drivers are trained pyro-technicians
holding a commercial driver's license (CDL) with hazardous materials
(HM) endorsement. They transport fireworks and related equipment by CMV
on a very demanding schedule, often to remote locations. After they
arrive, the APA drivers set-up and stage fireworks shows.
In 2007, FMCSA granted this same limited exemption to 70 APA-member
motor carriers for their CMV transportation of fireworks for
Independence Day displays in 2007 and 2008 (72 FR 28755, May 22, 2007).
The Agency is not aware of any adverse safety events related to APA
operations during these periods. APA has now applied for the same
limited exemption for 14 additional motor carriers. (APA has also
applied for renewal of the exemption granted in 2007 for 61 of the 70
member-companies.)
APA is seeking this exemption because compliance with the current
14-hour rule by its members during these two 11-day periods would
impose a substantial economic hardship on numerous cities, towns and
municipalities, as well as the APA companies. To meet the demand for
fireworks under the current HOS rules, APA asserts that its member
companies 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 APA's customers--and would deny many
Americans this important component of their Independence Day
celebration.
Method To Ensure an Equivalent or Greater Level of Safety
APA believes that this exemption would not adversely affect the
safety of the motor carrier transportation provided by its members
during the two eleven-day periods. According to the APA, without the
extra on-duty 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.
APA has stated its belief that the operational demands of this
unique industry minimize the risk of a CMV crash. During the exemption
period, 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 a period of several hours off duty
in the late afternoon and early evening prior to the shoot. During this
time, the CMV drivers are able to rest and nap, thereby reducing or
eliminating the fatigue accumulated during the day. After the shoot,
they drive the CMVs to the point of origin. This occurs late in the
evening, and thus avoids heavy traffic. Before beginning another duty
day, these drivers must take 10 consecutive hours off duty, the same as
other CMV drivers. APA believes that these operations, conducted under
the terms and conditions of this limited exemption, would provide a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.
[[Page 24068]]
Terms and Conditions of the Exemption
Period of the Exemption
APA's request for exemption from the requirements of 49 CFR
395.3(a)(2) would be effective June 28 through July 8, 2009, inclusive,
and from June 28 through July 8, 2010, inclusive. The requested
exemption would expire on July 9, 2010.
Extent of the Exemption
This exemption would be restricted to drivers employed by the 14
companies, firms and entities listed in the appendix to this notice.
The drivers would be entitled to a limited exemption from the
requirements of 49 CFR 395.3(a)(2), which prohibits a driver from
driving 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 a
14-hour on-duty period. The exemption would further be contingent on
each driver having 10 consecutive hours off duty following 14 hours on
duty prior to beginning a new driving period. The drivers must comply
with all other requirements of 49 CFR part 395.
Preemption
During the periods the exemption would be in effect, no State would
be permitted to 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.
Notification to FMCSA
Each company, firm and entity listed in the appendix to this notice
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 its 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
During the exemption periods, FMCSA would retain the authority to
take all steps necessary to protect the public interest, including
revocation of the exemption. Exempt motor carriers and drivers would be
subject to FMCSA monitoring while operating under this exemption. FMCSA
would immediately revoke the exemption for failure to comply with its
terms and conditions.
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comments on APA's request for a limited exemption from
the requirements of 49 CFR 395.3(a)(2) for the 14 motor carriers listed
in the appendix to this notice. FMCSA will consider all comments
received by close of business on June 8, 2009. All comments will be
available for examination in the docket listed under the ADDRESSES
section of this notice. The Agency will consider to the extent
practicable comments received in the public docket after the closing
date of the comment period.
Issued on: May 18, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
Appendix to the Notice of Application of American Pyrotechnics
Association (APA) for a Limited HOS Exemption for 14 Motor Carriers
During the 2009 and 2010 Independence Day Celebrations
------------------------------------------------------------------------
Motor carrier Address DOT No.
------------------------------------------------------------------------
1................ Alpha-Lee 4111 FM 2351, 1324580
Enterpirses, Inc. Friendswood, TX
77546.
2................ American Fireworks 7041 Darrow Road, 103972
Company. Hudson, OH 44236.
3................ Atlas Pyrovision P.O. Box 498, 789777
Productions, LLC. Jaffrey, NH 03452.
4................ Cartwright 1608 Keely Road, 882283
Fireworks, Inc. Franklin, PA 16323.
5................ DDT, LLC--All 4503 E. 460, Pryor, 1606354
American OK 74361.
Transport, LLC.
6................ Entertainment P.O. Box 7160, 680942
Fireworks, Inc. Olympia, WA 98507-
7160.
7................ Fireworks 17034 S 54th 948780
Productions of Street, Chandler,
Arizona, Ltd. AZ 85226.
8................ Fireworks West 3200 West 910 245423
Internationale. North, Logan, UT
84321.
9................ Great Lakes 24805 Marine, 1011216
Fireworks. Eastpointe, MI
48021.
10............... Hollywood 1567 Antler Point, 1061068
Pyrotechnics, Inc. Eagan, MN 55122.
11............... Johnny Rockets 4410 N. Hamilton, 1263181
Fireworks Display Chicago, IL 60625.
Co.
12............... Night Magic, Inc... P.O. Box 294, 557323
Kingsbury, IN
46345.
13............... Rainbow Fireworks, 76 Plum Ave., 1139643
Inc. Inman, KS 67546.
14............... Victory Fireworks 579 Vincent Lane, 539751
Inc. Ellsworth, WI
54011.
------------------------------------------------------------------------
[[Page 24069]]
[FR Doc. E9-12056 Filed 5-21-09; 8:45 am]
BILLING CODE 4910-EX-P
