Hours of Service (HOS) of Drivers; Granting of Exemption; American Pyrotechnics Association (APA), 37880-37882 [2011-16195]

Download as PDF 37880 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices APPENDIX TO NOTICE OF RENEWAL OF AMERICAN PYROTECHNICS ASSOCIATION (APA) EXEMPTION FROM THE 14-HOUR HOS RULE DURING 2011 AND 2012 INDEPENDENCE DAY CELEBRATIONS—Continued Motor carrier Address 1 Address 2 38. Rainbow Fireworks, Inc ...................... 39. RES Specialty Pyrotechnics ............... 40. Rich Brothers Company ..................... 41. Rozzi’s Famous Fireworks, Inc .......... 42. Skyworks, Ltd ..................................... 43. Spielbauer Fireworks Co, Inc ............. 44. Stonebraker-Rocky Mountain Fireworks Co. 45. Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc. 46. Wald & Co., Inc .................................. 47. Walt Disney Parks and Resorts US Inc. 48. Western Enterprises, Inc .................... 49. Winco Fireworks Int. LLC ................... 50. Wolverine Fireworks Display, Inc ....... 51. Victory Fireworks Inc .......................... 52. Young Explosives Corp ...................... 53. Zambelli Fireworks MFG, Co., Inc ...... 76 Plum Ave ............................................. 21595 286th St ......................................... 700 S Marion Rd ...................................... 11605 North Lebanon Rd ......................... 13513 W. Carrier Rd ................................ 220 Roselawn Blvd ................................... 5650 Lowell Blvd, Unit E .......................... Inman, KS 67546 ...................................... Belle Plaine, MN 56011 ............................ Sioux Falls, SD 57106 .............................. Loveland, OH 45140 ................................. Carrier, OK 73727 .................................... Green Bay, WI 54301 ............................... Denver, CO 80221 .................................... 1139643 523981 001356 0483686 1421047 046479 0029845 2235 Vermont Route 14 South ................. East Montpelier, VT 05651 ....................... 310632 PO Box 319 .............................................. Box 10000 ................................................. Greenwood, MO 64034–0319 .................. Lake Buena Vista, FL 32830 .................... 087079 1025131 PO Box 160 .............................................. 1992 NW Hwy 50 ..................................... 205 W Seidlers ......................................... 579 Vincent Lane ...................................... P.O. Box 18653 ........................................ PO Box 1463 ............................................ Carrier, OK 73727 .................................... Lone Jack, MO ......................................... Kawkawlin, MI ........................................... Ellsworth, WI 54011 .................................. Rochester, NY .......................................... New Castle, PA 16103 ............................. 203517 259688 376857 539751 450304 033167 [FR Doc. 2011–16192 Filed 6–27–11; 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; Granting of Exemption; American Pyrotechnics Association (APA) Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: Notice of final disposition; granting of application for exemption. ACTION: FMCSA announces its decision to grant the application for exemption from the American Pyrotechnics Association (APA) on behalf of 9 member motor carriers seeking relief from FMCSA’s hours-ofservice (HOS) regulation that prohibits driving of commercial motor vehicles (CMV) after the 14th hour after the driver comes on duty [49 CFR 395.3(a)(2)]. SUMMARY: This exemption is effective during the periods of June 28, 2011, through July 8, 2011, and June 28, 2012, through July 8, 2012, inclusive. mstockstill on DSK4VPTVN1PROD with NOTICES DATES: Ms. Christine Hydock, FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Telephone: 202–366–4325. E-mail: MCPSD@dot.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 16:46 Jun 27, 2011 Jkt 223001 Background 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 up to two years 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 U.S.C. 31315(b)(1)). The initial APA application for waiver or exemption relief from the 14hour rule was submitted in 2004; a copy of the application is in the 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 pyrotechnicians and hold commercial driver’s licenses with hazardous materials endorsements. They transport fireworks and related equipment by CMV on a very demanding schedule, often to remote locations. After they arrive, the APA drivers are responsible for set-up and staging of the fireworks shows. Previously, the Agency had granted a waiver to APA for a similar exemption for the 2004 Independence Day period, and two-year exemptions for the 2005– 2006 and 2007–2008 periods. In 2009, FMCSA granted the same limited exemption to 14 new APA-member motor carriers (74 FR 29266, June 19, 2009) and renewed 61exemptions of APA-member motor carriers (74 FR 29264, June 19, 2009) for their CMV transportation of fireworks for Independence Day displays in 2009 and 2010. APA is currently seeking relief for 9 APA-member companies from FMCSA’s PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 DOT No. HOS regulation for the 2011 and 2012 Independence Day periods. A list of the 9 APA-member companies being exempted from 49 CFR 395.3(a)(2) is included as an Appendix to this notice. The HOS rules prohibit a propertycarrying CMV driver from driving after the 14th hour after coming on duty following 10 consecutive hours off duty (49 CFR 395.3(a)(2)). During the periods June 28—July 8, 2011, and June 28— July 8, 2012, inclusive, the companies named in the Appendix, and CMV drivers employed by them, will be exempt from section 395.3(a)(2) if they are operating in conjunction with the staging of fireworks shows celebrating Independence Day. The exemption permits CMV drivers engaged in these operations to exclude off-duty and sleeper-berth time of any length from the calculation of the 14hour on-duty period. These drivers must continue to obtain 10 consecutive hours off duty prior to the 14-hour period, and observe the 11-hour driving time limit, as well as the 60- and 70-hour on-duty limits. APA sought 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 its members’ customers—and would deny many Americans this E:\FR\FM\28JNN1.SGM 28JNN1 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices important component of their Independence Day celebration. APA maintains that the operational demands of this unique industry minimize the risk of CMV crashes. It also maintains that renewal of the exemption will not adversely affect the safety of the fireworks transportation provided by these motor carriers, and will actually improve safety in the storage of hazardous materials. Public Comment On May 24, 2011, FMCSA published a notice in the Federal Register (76 FR 30232) announcing APA’s application for exemption for these 9 member motor carriers, and requesting public comment. The comment period closed on June 14, 2011. As of June 20, no comments were filed in response to the May 24 notice. FMCSA Decision In considering this application for exemption, the Agency reviewed its records for any unfavorable safety information regarding the applicants’ motor carrier operations. The Agency also reviewed records of the Pipeline and Hazardous Materials Safety Administration (PHMSA), which has jurisdiction over certain aspects of the transportation of hazardous materials, as specified in the Hazardous Materials Regulations (HMR)(49 CFR Parts 105– 185). FMCSA and PHMSA records contained no significant unfavorable safety information regarding these 9 motor carriers. The FMCSA decision to grant the request for exemption from 49 CFR 395.3(a)(2) is based on the merits of the application. The Agency believes that these APA operations, conducted under the terms and conditions of this limited exemption, will achieve a level of safety that, at a minimum, is equivalent to the level that would be achieved absent the exemption. The identical limited exemption has been in effect during Independence Day periods since 2005 for designated APA-member motor carriers conducting these operations. There have been no reported accidents or incidents involving these carriers while operating under the exemption. The drivers employed by the companies, firms, and entities listed in the appendix to this notice are granted relief from the requirements of 49 CFR 395.3(a)(2) under the following terms and conditions: Terms of the Exemption Period of the Exemption The exemption from the requirements of 49 CFR 395.3(a)(2) [the ‘‘14-hour rule’’] is effective from June 28 (12:01 a.m.) through July 8, 2011 (11:59 p.m.) and from June 28 (12:01 a.m.) through July 8, 2012 (11:59 p.m.). Extent of the Exemption This exemption is restricted to drivers employed by the companies, firms and entities listed in the Appendix to this notice. The drivers are provided a limited exemption from the requirements of 49 CFR 395.3(a)(2). This regulation prohibits a driver from driving after the 14th hour of 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. These drivers must continue to obtain 10 consecutive hours off duty prior to the 14-hour period, and remain subject to the 11-hour driving time limit, the 60- and 70-hour on-duty limits, and all other requirements of 49 CFR Part 395. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a person operating under the exemption (49 U.S.C. 31315(d)). Notification to FMCSA Under the exemption, each APA motor carrier, firm and entity listed in mstockstill on DSK4VPTVN1PROD with NOTICES Motor carrier 1. 2. 3. 4. 5. 6. 7. 8. 9. VerDate Mar<15>2010 16:46 Jun 27, 2011 Jkt 223001 the appendix to this notice must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier’s CMVs, operating under the terms of 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 closest to the accident scene, c. Driver’s name and 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 total onduty time period prior to the accident. Termination FMCSA does not believe the APA member-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. FMCSA will immediately revoke the exemption for failure to comply with its terms and conditions. Each motor carrier and each driver may be subject to periodic monitoring by FMCSA during the period of the exemption. Issued on: June 22, 2011. Anne S. Ferro, Administrator. Appendix to the Notice of Application of American Pyrotechnics Association (APA) For a Limited HOS Exemption for 9 Motor Carriers During the 2011 and 2012 Independence Day Celebrations Address AM Pyrotechnics, LLC .............................................................. Arthur Rozzi Pyrotechnics ........................................................ East Coast Pyrotechnics, Inc .................................................... Fireworks Extravaganza ........................................................... Hi-Tech FX, LLC ....................................................................... North Central Industries, Inc ..................................................... Pyro Spectaculars North, Inc .................................................... Pyrotechnic Display, Inc ........................................................... Western Display Fireworks, Ltd ................................................ PO 00000 Frm 00116 DOT No. 2429 East 535th Rd., Buffalo, MO 65622 ................................... 6607 Red Hawk Ct., Maineville, OH 45039 ................................ 4652 Catawba River Rd., Catawba, SC 29704 .......................... 58 Maple Lane, Otisville, NY 10963 ............................................ 1135 Ave. I, Fort Madison, IA 52627 .......................................... 1500 E. Washington, Muncie, IN 47305 ..................................... 5301 Lang Avenue, McClellan, CA 95652 .................................. 8450 W. St. Francis Rd., Frankfort, IL 60423 ............................. 10946 S. New Era Rd., Canby, OR 97013 ................................. Fmt 4703 Sfmt 9990 37881 E:\FR\FM\28JNN1.SGM 28JNN1 1034961 2008107 545033 2064141 1549055 00165755 1671438 1929883 498941 37882 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices [FR Doc. 2011–16195 Filed 6–27–11; 8:45 am] Background BILLING CODE 4910–EX–P On April 18, 2011, FMCSA published a notice of receipt of Federal diabetes exemption applications from twentyone individuals and requested comments from the public (76 FR 21792). The public comment period closed on May 18, 2011, and no comments were received. FMCSA has evaluated the eligibility of the twenty-one applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2011–0093] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt twenty-one individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective June 28, 2011. The exemptions expire on June 28, 2013. FOR FURTHER INFORMATION CONTACT: Elaine Papp, Chief, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Room W64–224, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: mstockstill on DSK4VPTVN1PROD with NOTICES Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: https:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov and/or 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., Monday through Friday, except Federal holidays. 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 DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/ 2008/pdf/E8-785.pdf. VerDate Mar<15>2010 16:46 Jun 27, 2011 Jkt 223001 Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current standard for diabetes in 1970 because several risk studies indicated that drivers with diabetes had a higher rate of crash involvement than the general population. The diabetes rule provides that ‘‘A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control’’ (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program based on the Agency’s July 2000 study entitled ‘‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century’’. The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These twenty-one applicants have had ITDM over a range of 1 to 36 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure requiring the assistance of another person or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision standard at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the April 18, 2011, Federal Register notice and will not be repeated in this notice. Discussion of Comment FMCSA did not receive any comments in this proceeding. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and that includes the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether it is related to an episode of hypoglycemia; (3) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (4) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Notices]
[Pages 37880-37882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16195]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]


Hours of Service (HOS) of Drivers; Granting of Exemption; 
American Pyrotechnics Association (APA)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; granting of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant the application for 
exemption from the American Pyrotechnics Association (APA) on behalf of 
9 member motor carriers seeking relief from FMCSA's hours-of-service 
(HOS) regulation that prohibits driving of commercial motor vehicles 
(CMV) after the 14th hour after the driver comes on duty [49 CFR 
395.3(a)(2)].

DATES: This exemption is effective during the periods of June 28, 2011, 
through July 8, 2011, and June 28, 2012, through July 8, 2012, 
inclusive.

FOR FURTHER INFORMATION CONTACT: Ms. Christine Hydock, 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 grant an exemption 
from the HOS requirements in 49 CFR 395.3(a)(2) for up to two years 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 U.S.C. 31315(b)(1)).
    The initial APA application for waiver or exemption relief from the 
14-hour rule was submitted in 2004; a copy of the application is in the 
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 
pyrotechnicians and hold commercial driver's licenses with hazardous 
materials endorsements. They transport fireworks and related equipment 
by CMV on a very demanding schedule, often to remote locations. After 
they arrive, the APA drivers are responsible for set-up and staging of 
the fireworks shows.
    Previously, the Agency had granted a waiver to APA for a similar 
exemption for the 2004 Independence Day period, and two-year exemptions 
for the 2005-2006 and 2007-2008 periods. In 2009, FMCSA granted the 
same limited exemption to 14 new APA-member motor carriers (74 FR 
29266, June 19, 2009) and renewed 61exemptions of APA-member motor 
carriers (74 FR 29264, June 19, 2009) for their CMV transportation of 
fireworks for Independence Day displays in 2009 and 2010.
    APA is currently seeking relief for 9 APA-member companies from 
FMCSA's HOS regulation for the 2011 and 2012 Independence Day periods. 
A list of the 9 APA-member companies being exempted from 49 CFR 
395.3(a)(2) is included as an Appendix to this notice.
    The HOS rules prohibit a property-carrying CMV driver from driving 
after the 14th hour after coming on duty following 10 consecutive hours 
off duty (49 CFR 395.3(a)(2)). During the periods June 28--July 8, 
2011, and June 28--July 8, 2012, inclusive, the companies named in the 
Appendix, and CMV drivers employed by them, will be exempt from section 
395.3(a)(2) if they are operating in conjunction with the staging of 
fireworks shows celebrating Independence Day.
    The exemption permits CMV drivers engaged in these operations to 
exclude off-duty and sleeper-berth time of any length from the 
calculation of the 14-hour on-duty period. These drivers must continue 
to obtain 10 consecutive hours off duty prior to the 14-hour period, 
and observe the 11-hour driving time limit, as well as the 60- and 70-
hour on-duty limits.
    APA sought 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 its members' customers--and would 
deny many Americans this

[[Page 37881]]

important component of their Independence Day celebration.
    APA maintains that the operational demands of this unique industry 
minimize the risk of CMV crashes. It also maintains that renewal of the 
exemption will not adversely affect the safety of the fireworks 
transportation provided by these motor carriers, and will actually 
improve safety in the storage of hazardous materials.

Public Comment

    On May 24, 2011, FMCSA published a notice in the Federal Register 
(76 FR 30232) announcing APA's application for exemption for these 9 
member motor carriers, and requesting public comment. The comment 
period closed on June 14, 2011. As of June 20, no comments were filed 
in response to the May 24 notice.

FMCSA Decision

    In considering this application for exemption, the Agency reviewed 
its records for any unfavorable safety information regarding the 
applicants' motor carrier operations. The Agency also reviewed records 
of the Pipeline and Hazardous Materials Safety Administration (PHMSA), 
which has jurisdiction over certain aspects of the transportation of 
hazardous materials, as specified in the Hazardous Materials 
Regulations (HMR)(49 CFR Parts 105-185). FMCSA and PHMSA records 
contained no significant unfavorable safety information regarding these 
9 motor carriers.
    The FMCSA decision to grant the request for exemption from 49 CFR 
395.3(a)(2) is based on the merits of the application. The Agency 
believes that these APA operations, conducted under the terms and 
conditions of this limited exemption, will achieve a level of safety 
that, at a minimum, is equivalent to the level that would be achieved 
absent the exemption. The identical limited exemption has been in 
effect during Independence Day periods since 2005 for designated APA-
member motor carriers conducting these operations. There have been no 
reported accidents or incidents involving these carriers while 
operating under the exemption. The drivers employed by the companies, 
firms, and entities listed in the appendix to this notice are granted 
relief from the requirements of 49 CFR 395.3(a)(2) under the following 
terms and conditions:

Terms of the Exemption

Period of the Exemption

    The exemption from the requirements of 49 CFR 395.3(a)(2) [the 
``14-hour rule''] is effective from June 28 (12:01 a.m.) through July 
8, 2011 (11:59 p.m.) and from June 28 (12:01 a.m.) through July 8, 2012 
(11:59 p.m.).

Extent of the Exemption

    This exemption is restricted to drivers employed by the companies, 
firms and entities listed in the Appendix to this notice. The drivers 
are provided a limited exemption from the requirements of 49 CFR 
395.3(a)(2). This regulation prohibits a driver from driving after the 
14th hour of 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. These drivers must continue to obtain 10 consecutive 
hours off duty prior to the 14-hour period, and remain subject to the 
11-hour driving time limit, the 60- and 70-hour on-duty limits, and all 
other requirements of 49 CFR Part 395.

Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a person operating under the 
exemption (49 U.S.C. 31315(d)).

Notification to FMCSA

    Under the exemption, each APA motor carrier, firm and entity listed 
in the appendix to this notice must notify FMCSA within 5 business days 
of any accident (as defined in 49 CFR 390.5), involving any of the 
motor carrier's CMVs, operating under the terms of 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 
closest to the accident scene,
    c. Driver's name and 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 total on-duty time period prior to 
the accident.

Termination

    FMCSA does not believe the APA member-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. FMCSA will immediately revoke the exemption for failure to 
comply with its terms and conditions. Each motor carrier and each 
driver may be subject to periodic monitoring by FMCSA during the period 
of the exemption.

    Issued on: June 22, 2011.
Anne S. Ferro,
Administrator.

Appendix to the Notice of Application of American Pyrotechnics 
Association (APA)

For a Limited HOS Exemption for 9 Motor Carriers During the 2011 and 
2012 Independence Day Celebrations

------------------------------------------------------------------------
          Motor carrier                     Address            DOT No.
------------------------------------------------------------------------
1. AM Pyrotechnics, LLC..........  2429 East 535th Rd.,          1034961
                                    Buffalo, MO 65622.
2. Arthur Rozzi Pyrotechnics.....  6607 Red Hawk Ct.,            2008107
                                    Maineville, OH 45039.
3. East Coast Pyrotechnics, Inc..  4652 Catawba River Rd.,        545033
                                    Catawba, SC 29704.
4. Fireworks Extravaganza........  58 Maple Lane,                2064141
                                    Otisville, NY 10963.
5. Hi-Tech FX, LLC...............  1135 Ave. I, Fort             1549055
                                    Madison, IA 52627.
6. North Central Industries, Inc.  1500 E. Washington,          00165755
                                    Muncie, IN 47305.
7. Pyro Spectaculars North, Inc..  5301 Lang Avenue,             1671438
                                    McClellan, CA 95652.
8. Pyrotechnic Display, Inc......  8450 W. St. Francis Rd.,      1929883
                                    Frankfort, IL 60423.
9. Western Display Fireworks, Ltd  10946 S. New Era Rd.,          498941
                                    Canby, OR 97013.
------------------------------------------------------------------------


[[Page 37882]]

[FR Doc. 2011-16195 Filed 6-27-11; 8:45 am]
BILLING CODE 4910-EX-P
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