Hours of Service (HOS) of Drivers; Application for Renewal and Expansion of American Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During Independence Day Celebrations, 26690-26693 [2013-10737]

Download as PDF 26690 Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Notices 11. Certification Signature Forms Complete form DOTF2307–1 Drug-Free Workplace Act Certification and Form DOTF2308–1 Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements. Signed Conflict of Interest Statements The statements must say that they, or members of their immediate families, do not have a personal, business or financial interest in any DOT-funded transportation projects, nor any relationships with local or state transportation agencies that may have the appearance of a conflict of interest. 12. Standard Form 424 Complete Standard Form 424 Application for Federal Assistance. Note: All forms can be downloaded from U.S. Department of Transportation Web site at http://www.dot.gov/gsearch/424%2Bform. Issued in Washington, DC, on April 24, 2013. Brandon Neal, Director, Office of Small and Disadvantaged Business Utilization, Office of the Secretary, U.S. Department of Transportation. [FR Doc. 2013–10780 Filed 5–6–13; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice To Rescind Notice of Intent To Prepare an Environmental Impact Statement: Loop 1604 From I–35 to US 90, Bexar County, TX tkelley on DSK3SPTVN1PROD with NOTICES BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION The Federal Highway Administration (FHWA), in cooperation with the Texas Department of Transportation (TxDOT) and the Alamo Regional Mobility Authority (RMA), is issuing this notice to advise the public that the Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the proposed improvements to Loop 1604 from I–35 to US 90 is rescinded. The NOI was originally published in the Federal Register on July 31, 2009 (Volume 74, No. 146, Page 38260) and an amended NOI was published on April 13, 2010 (Volume 75, No. 70, Page 18941) changing the limits of the project. FOR FURTHER INFORMATION CONTACT: Mr. Salvador Deocampo, District Engineer, District A, Federal Highway Administration (FHWA), Texas Division, 300 East 8th Street, Rm. 826, Austin, Texas 78701, Telephone 512– 536–5950. VerDate Mar<15>2010 15:24 May 06, 2013 Jkt 229001 Issued on: April 30, 2013. Salvador Deocampo, District Engineer. [FR Doc. 2013–10789 Filed 5–6–13; 8:45 am] Federal Highway Administration, DOT. ACTION: Rescind notice of intent to prepare an Environmental Impact Statement. AGENCY: SUMMARY: FHWA in cooperation with TxDOT and the Alamo RMA issued a NOI on July 31, 2009, advising the public that they would be preparing an EIS for transportation improvements to Loop 1604 from FM 1957 to I–35 North, a distance of 32.35 miles. FHWA, TxDOT and Alamo RMA then issued an amended NOI to advise the pubic of changes to the aforementioned EIS for proposed Loop 1604 improvements. Specifically, the southwestern limit of the proposed improvements changed from FM 1957 to US 90 for a total distance of approximately 37 miles. The change to the limits of the proposed improvements was consistent with the San Antonio-Bexar County Metropolitan Planning Organization’s (MPO) Mobility 2035 Plan (December 2009) and was done as part of a response to comments received during the first scoping meetings held in October 2009. Since then, changes in the MPO’s Mobility 2035 Plan and detailed analysis of the corridor have led to a decision to significantly change the design concept and scope of the proposed project and implementation. It is anticipated the project will be analyzed in two or more independent projects with different scopes and separate environmental documents. SUPPLEMENTARY INFORMATION: Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–28043] Hours of Service (HOS) of Drivers; Application for Renewal and Expansion of American Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During Independence Day Celebrations Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for renewal and expansion of exemption; request for comments. AGENCY: SUMMARY: The American Pyrotechnics Association (APA) has requested a renewal of its exemption for 48 APA member-companies from FMCSA’s regulation that drivers of commercial motor vehicles (CMVs) may not drive after the 14th hour after coming on duty, and the expansion of its exemption to PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 10 additional carriers. The APA was previously granted an exemption for 48 of the 58 APA member-companies during the Independence Day periods in 2011 and 2012. Like the other 48 member-companies that operated under the 2011–2012 exemption, the 10 additional member-companies would be subject to all of the terms and conditions of the exemption for the 2013–2014 periods. The exemption would apply solely to the operation of CMVs by these 58 APA-member companies in conjunction with staging fireworks shows celebrating Independence Day during the periods June 28–July 8, 2013, and June 28–July 8, 2014, inclusive. During these two periods, approximately 3,200 CMVs and drivers employed by these APA member-companies would be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour driving window. These 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 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: If granted, this exemption would be effective during the periods of June 28, 2013, through July 8, 2013, inclusive, and June 28, 2014, through July 8, 2014, inclusive. The exemption would expire on July 8, 2014 at 11:59 p.m. Comments must be received on or before June 6, 2013. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2007–28043 by any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. In the ENTER KEYWORD OR ID box enter FMCSA– 2007–28043 and click on the tab labeled SEARCH. On the ensuing page, click on any tab labeled SUBMIT A COMMENT on the extreme right of the page and a page should open that is titled ‘‘Submit a Comment.’’ You may identify yourself under section 1, ENTER INFORMATION, or you may skip section 1 and remain anonymous. You enter your comments in section 2, TYPE COMMENT & UPLOAD FILE. When you are ready to submit your comments, click on the tab labeled SUBMIT. Your comment is then submitted to the docket; and you will receive a tracking number. E:\FR\FM\07MYN1.SGM 07MYN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Notices • Fax: 1–202–493–2251. • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, 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 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 www.regulations.gov at any time, and in the ENTER KEYWORD OR ID box enter FMCSA–2007–28043 and click on the tab labeled SEARCH. Privacy Act: Anyone is able to 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 U.S. Department of Transportation’s online privacy policy at www.dot.gov/privacy or the complete Privacy Act Statement in the Federal Register published on January 17, 2008 (73 FR 3316). Public Participation: The www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You can obtain electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the www.regulations.gov 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. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Telephone: 202–366–4325. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: APA Application for Exemption The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a propertycarrying CMV driver from driving a VerDate Mar<15>2010 15:24 May 06, 2013 Jkt 229001 CMV after the 14th hour after coming on duty following 10 consecutive hours off duty. Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption from the HOS requirements in 49 CFR 395.3(a)(2) for a 2-year period if it finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The procedures for requesting an exemption (including renewals) are prescribed in 49 CFR part 381. The APA, a trade association representing the domestic fireworks industry, was previously granted an exemption for 48 of the 58 APA-member companies during the Independence Day periods in 2011 and 2012. The APA held similar 2-year exemptions during Independence Day periods from 2005 through 2010. The 2011–2012 exemption expired on July 9, 2012. Like the other 48 member companies that operated under the 2011–2012 exemption, the 10 specified additional member-companies would be subject to all of the terms and conditions of the exemption. The initial APA exemption application for 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 membercompanies during a typical Independence Day period. As stated in APA’s 2004 request, the CMV drivers employed by APA member-companies are trained pyro technicians who hold commercial driver’s licenses (CDLs) with hazardous materials (HM) endorsements. They transport fireworks and related equipment by CMVs on a very demanding schedule during a brief Independence Day period, often to remote locations. After they arrive, the drivers are responsible for set-up and staging of the fireworks shows. The APA states that it is seeking an HOS exemption for the 2013 and 2014 Independence Day periods because compliance with the current 14-hour rule in 49 CFR 395.3(a)(2) by its members would impose a substantial economic hardship on numerous cities, towns and municipalities, as well as its member-companies. To meet the demand for fireworks under the current HOS rules, APA member-companies state that they would be required to hire a second driver for most trips. The APA advises that the result would be a substantial increase in the cost of the fireworks shows—beyond the means of many of its members’ customers—and PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 26691 that many Americans would be denied this important component of the celebration of Independence Day. The 58 APA-member companies within the scope of this exemption request are listed in an appendix to this notice. A copy of the request for the exemption is included in the docket referenced at the beginning of this notice. Method To Ensure an Equivalent or Greater Level of Safety The APA believes that renewal of the exemption will not adversely affect the safety of the fireworks transportation provided by these motor carriers. According to APA, its membercompanies have operated under this exemption for eight previous Independence Day periods without a reported motor carrier safety incident. Moreover, it asserts, without the extra duty-period time provided by the exemption, safety would decline because APA drivers would be unable to return to their home base after each show. They would be forced to park the CMVs carrying HM 1.1G, 1.3G and 1.4G products in areas less secure than the motor carrier’s home base. As a condition of holding the exemption, each motor carrier would be required to notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5) involving the operation of any its CMVs while under this exemption. To date, FMCSA has received no accident notifications, nor is the Agency aware of any accidents reportable under terms of the prior APA exemptions. In its exemption request, APA asserts that the operational demands of this unique industry minimize the risks of CMV crashes. In the last few days before the Independence Day holiday, these drivers transport fireworks over relatively short routes from distribution points to the site of the fireworks display, and normally do so in the early morning when traffic is light. At the site, they spend considerable time installing, wiring, and safety-checking the fireworks displays, followed by several hours off duty in the late afternoon and early evening prior to the event. During this time, the drivers are able to rest and nap, thereby reducing or eliminating the fatigue accumulated during the day. Before beginning another duty day, these drivers must take 10 consecutive hours off duty, the same as other CMV drivers. Terms and Conditions of the Exemption Period of the Exemption The requested exemption from the requirements of 49 CFR 395.3(a)(2) is proposed to be effective June 28 through E:\FR\FM\07MYN1.SGM 07MYN1 26692 Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Notices July 8, 2013, inclusive, and from June 28 through July 8, 2014, inclusive. The exemption would expire on July 8, 2014, at 11:59 p.m. local time. or is inconsistent with this exemption with respect to a person or entity operating under the exemption (49 U.S.C. 31315(d)). Extent of the Exemption This exemption would be restricted to drivers employed by the 58 motor carriers listed in the appendix to this notice. The drivers would be given a limited exemption from the requirements of 49 CFR 395.3(a)(2). This regulation prohibits a driver from driving a CMV after the 14th hour after coming on duty and does not permit offduty 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 the 14-hour period after coming on duty. The exemption would be further contingent on each driver having a full 10 consecutive hours off duty following 14 hours on duty prior to beginning a new driving period. The carriers and drivers must comply with all other requirements of the Federal Motor Carrier Safety Regulations (49 CFR parts 350–399) and Hazardous Materials Regulations (49 CFR parts 105–180). FMCSA Notification Preemption During the periods the exemption would be in effect, no State may enforce any law or regulation that conflicts with Exempt motor carriers 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 The FMCSA does not believe the motor carriers and drivers covered by this exemption, if granted, will experience any deterioration of their safety record. However, should this occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA will immediately revoke the exemption for failure to comply with its terms and conditions. Exempt motor carriers and drivers would be subject to FMCSA monitoring while operating under this exemption. Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comments on the APA’s requested exemption from the requirements of 49 CFR 395.3(a)(2). The FMCSA will review all comments received and determine whether approval of the exemption is consistent with the requirements of 49 U.S.C. 31315. Interested parties or organizations possessing information that would show that any or all of these APA membercompanies are not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any information submitted and, if safety is being compromised or if the continuation of the exemption is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will immediately take steps to revoke the exemption of the company or companies and drivers in question. Issued on: April 30, 2013. Larry W. Minor, Associate Administrator for Policy. APPENDIX TO NOTICE OF APPLICATION FOR RENEWAL OF AMERICAN PYROTECHNICS ASSOCIATION (APA) EXEMPTION FROM THE 14-HOUR HOS RULE DURING 2013 AND 2014 INDEPENDENCE DAY CELEBRATIONS FOR 48 MOTOR CARRIERS Motor carrier tkelley on DSK3SPTVN1PROD with NOTICES 1. 2. 3. 4. 5. 6. Street address Alonzo Fireworks Display, Inc .............................................. American Fireworks Company ............................................. AM Pyrotechnics, LLC .......................................................... Arthur Rozzi Pyrotechnics .................................................... Atlas Enterprises Inc ............................................................. B.J. Alan Company ............................................................... 7. Cartwright Fireworks, Inc ...................................................... 8. Central States Fireworks, Inc ............................................... 9. Colonial Fireworks Company ................................................ 10. East Coast Pyrotechnics, Inc ............................................. 11. Entertainment Fireworks, Inc .............................................. 12. Falcon Fireworks ................................................................ 13. Fireworks & Stage FX America .......................................... 14. Fireworks by Grucci, Inc ..................................................... 15. Fireworks Extravaganza ..................................................... 16. Fireworks West Internationale ............................................ 17. Garden State Fireworks, Inc ............................................... 18. Gateway Fireworks Displays .............................................. 19. Great Lakes Fireworks ....................................................... 20. Hamburg Fireworks Display Inc ......................................... 21. Hi-Tech FX, LLC ................................................................. 22. Hollywood Pyrotechnics, Inc ............................................... 23. J&M Displays, Inc ............................................................... 24. Kellner’s Fireworks Inc ....................................................... 25. Lantis Productions dba Lantis Fireworks and Lasers ........ 26. Legion Fireworks Co., Inc ................................................... VerDate Mar<15>2010 15:24 May 06, 2013 Jkt 229001 PO 00000 Frm 00082 City, state & zip code 846 Stillwater Bridge Rd ......... 7041 Darrow Road ................. 2429 East 535th Rd ................ 6607 Red Hawk Ct ................. 6601 Nine Mile Azle Rd .......... 555 Martin Luther King, Jr Blvd. 1608 Keely Road .................... 18034 Kincaid Street .............. 5225 Telegraph Road ............. 4652 Catawba River Rd ......... 13313 Reeder Road SW ........ 3411 Courthouse Road .......... 12650 Hwy 67S. Suite B ........ 1 Grucci Lane ......................... 174 Route 17 North ................ 910 North 3200 West ............. 383 Carlton Road ................... P.O. Box 39327 ...................... 24805 Marine .......................... 2240 Horns Mill Road SE ....... 18060 170th Ave .................... 1567 Antler Point .................... 18064 170th Ave .................... 478 Old Rte 8 ......................... 799 N. 18150 W. .................... 10 Legion Lane ....................... Schaghticoke, NY 12154 ........ Hudson, OH 44236 ................. Buffalo, MO 65622 .................. Maineville, OH 45039 ............. Fort Worth, TX 76135 ............. Youngstown, OH 44502–1102 420639 103972 1034961 2008107 0116910 262140 Franklin, PA 16323 ................. Athens, IL 62613 .................... Toledo, OH 43612 .................. Catawba, SC 29704 ............... Tenino, WA 98589 .................. Guyton, GA 31312 .................. Lakeside, CA 92040 ............... Brookhaven, NY 11719 .......... Rochelle Park, NJ 07662 ........ Logan, UT 84321 .................... Millington, NJ 07946 ............... St Louis, MO 63139 ................ Eastpointe, MI 48021 .............. Lancaster, OH ......................... Yarmouth, IA 52660 ................ Eagan, MN 55122 ................... Yarmouth, IA 52660 ................ Harrisville, PA ......................... Fairfield, UT 84013 ................. Wappingers Falls, NY 12590 .. 882283 1022659 177274 545033 680942 1037954 908304 324490 2064141 245423 435878 1325301 1011216 395079 1549055 1061068 377461 481553 195428 554391 Fmt 4703 Sfmt 4703 E:\FR\FM\07MYN1.SGM 07MYN1 DOT No. Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Notices 26693 APPENDIX TO NOTICE OF APPLICATION FOR RENEWAL OF AMERICAN PYROTECHNICS ASSOCIATION (APA) EXEMPTION FROM THE 14-HOUR HOS RULE DURING 2013 AND 2014 INDEPENDENCE DAY CELEBRATIONS FOR 48 MOTOR CARRIERS—Continued Motor carrier Street address City, state & zip code 27. Mad Bomber/Planet Productions ........................................ PO Box 294, 3999 Hupp Road R31. 4420–278th Ave NW .............. 400 Broadhollow Rd. Ste #3 .. 701 W. Central Ave ................ 3196 N Locust Ave ................. 5301 Lang Avenue ................. 8450 W. St. Francis Rd .......... 302 Wilson Rd ........................ 60 West Ct .............................. 6965 Speedway Blvd. Suite 115. 76 Plum Ave ........................... 21595 286th St ....................... 11605 North Lebanon Rd ....... 13513 W. Carrier Rd .............. 220 Roselawn Blvd ................. 5650 Lowell Blvd, Unit E ........ 2235 Vermont Route 14 South 10946 S. New Era Rd ............ PO Box 160 ............................ 14592 Ottaway Road NE ........ 205 W Seidlers ....................... PO Box 1463 .......................... Kingsbury, IN 46345 ............... 777176 Belgrade, MN 56312 ............... Farmindale, NY 11735 ............ LaFollette, TN 37766 .............. Rialto, CA 92376 .................... McClellan, CA 95652 .............. Frankfort, IL 60423 ................. New Castle, PA 16105 ........... Mandeville, LA 70471 ............. Las Vegas, NV 89115 ............ 435931 530262 456818 029329 1671438 1929883 526749 548303 1610728 Inman, KS 67546 .................... Belle Plaine, MN 56011 .......... Loveland, OH 45140 ............... Carrier, OK 73727 .................. Green Bay, WI 54301 ............. Denver, CO 80221 .................. East Montpelier, VT 05651 ..... Canby, OR 97013 ................... Carrier, OK 73727 .................. Aurora, OR 97002 .................. Kawkawlin, MI ......................... New Castle, PA 16103 ........... 1139643 523981 0483686 1421047 046479 0029845 310632 498941 203517 838585 376857 033167 28. 29. 30. 31. 32. 33. 34. 35. 36. Precocious Pyrotechnics, Inc ............................................. Pyro Engineering Inc., dba/Bay Fireworks ......................... Pyro Shows Inc .................................................................. Pyro Spectacluars, Inc ........................................................ Pyro Spectaculars North, Inc .............................................. Pyrotechnic Display, Inc ..................................................... Pyrotecnico (S. Vitale Pyrotechnic Industries, Inc.) ........... Pyrotecnico, LLC ................................................................ Pyrotecnico FX ................................................................... 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. Rainbow Fireworks, Inc ...................................................... RES Specialty Pyrotechnics ............................................... Rozzi’s Famous Fireworks, Inc .......................................... Skyworks, Ltd ..................................................................... Spielbauer Fireworks Co, Inc ............................................. Stonebraker-Rocky Mountain Fireworks Co ....................... Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc Western Display Fireworks, Ltd .......................................... Western Enterprises, Inc .................................................... Western Fireworks, Inc ....................................................... Wolverine Fireworks Display, Inc ....................................... Zambelli Fireworks MFG, Co., Inc ...................................... DOT No. APPENDIX TO NOTICE OF APPLICATION FOR RENEWAL OF AMERICAN PYROTECHNICS ASSOCIATION EXEMPTION FROM THE 14-HOUR HOS RULE DURING 2013 AND 2014 INDEPENDENCE DAY CELEBRATIONS FOR 10 MOTOR CARRIERS NOT PREVIOUSLY EXEMPTED Motor carrier Street address City, state & zip code American Fireworks Display, LLC ........................................ Atlas Pyrovision Productions, Inc ......................................... Hawaii Explosives & Pyrotechnics, Inc ................................ Homeland Fireworks, Inc ...................................................... Island Fireworks Co., Inc ...................................................... Lantis Fireworks, Inc ............................................................. Martin & Ware Inc. dba Pyro City Maine & Central Maine Pyrotechnics. 8. Melrose Pyrotechnics, Inc .................................................... 9. Starfire Corporation .............................................................. 10. Young Explosives Corp ...................................................... P.O. Box 980 .......................... 136 Old Sharon Rd ................. 17–7850 N. Kulani Road ........ P.O. Box 7 .............................. N1597 County Rd VV ............. 130 Sodrac Dr., Box 229 ........ P.P. Box 322 ........................... Oxford, NY 13830 ................... Jaffrey, NH 03452 ................... Mountain View, HI 96771 ....... Jamieson, OR 97909 .............. Hager City, WI 54014 ............. N. Sioux City, SD 57049 ........ Hallowell, ME 04347 ............... 2115608 789777 1375918 1377525 414583 534052 734974 1 Kingsbury Industrial Park .... 682 Cole Road ........................ P.O. Box 18653 ...................... Kingsbury, IN 46345 ............... Carrolltown, PA 15722 ............ Rochester, NY 14618 ............. 434586 554645 450304 1. 2. 3. 4. 5. 6. 7. [FR Doc. 2013–10737 Filed 5–6–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2013–0002–N–10] tkelley on DSK3SPTVN1PROD with NOTICES Proposed Agency Information Collection Activities; Comment Request Comments must be submitted on or before June 6, 2013. DATES: Federal Railroad Administration, DOT. ACTION: Notice and request for comments. AGENCY: 15:24 May 06, 2013 Jkt 229001 Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (Telephone: (202) 493–6292), or Ms. Kimberly FOR FURTHER INFORMATION CONTACT: SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information VerDate Mar<15>2010 Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collections and their expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on February 20, 2013. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 DOT No. Toone, Office of Information Technology, RAD–20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (Telephone: (202) 493–6132). (These telephone numbers are not tollfree.) The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, § 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On February 20, 2013, FRA published a 60-day notice in SUPPLEMENTARY INFORMATION: E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Notices]
[Pages 26690-26693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10737]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]


Hours of Service (HOS) of Drivers; Application for Renewal and 
Expansion of American Pyrotechnics Association (APA) Exemption From the 
14-Hour Rule During Independence Day Celebrations

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

ACTION: Notice of application for renewal and expansion of exemption; 
request for comments.

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

SUMMARY: The American Pyrotechnics Association (APA) has requested a 
renewal of its exemption for 48 APA member-companies from FMCSA's 
regulation that drivers of commercial motor vehicles (CMVs) may not 
drive after the 14th hour after coming on duty, and the expansion of 
its exemption to 10 additional carriers. The APA was previously granted 
an exemption for 48 of the 58 APA member-companies during the 
Independence Day periods in 2011 and 2012. Like the other 48 member-
companies that operated under the 2011-2012 exemption, the 10 
additional member-companies would be subject to all of the terms and 
conditions of the exemption for the 2013-2014 periods. The exemption 
would apply solely to the operation of CMVs by these 58 APA-member 
companies in conjunction with staging fireworks shows celebrating 
Independence Day during the periods June 28-July 8, 2013, and June 28-
July 8, 2014, inclusive. During these two periods, approximately 3,200 
CMVs and drivers employed by these APA member-companies would be 
allowed to exclude off-duty and sleeper-berth time of any length from 
the calculation of the 14-hour driving window. 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: If granted, this exemption would be effective during the periods 
of June 28, 2013, through July 8, 2013, inclusive, and June 28, 2014, 
through July 8, 2014, inclusive. The exemption would expire on July 8, 
2014 at 11:59 p.m. Comments must be received on or before June 6, 2013.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2007-28043 by any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. In 
the ENTER KEYWORD OR ID box enter FMCSA-2007-28043 and click on the tab 
labeled SEARCH. On the ensuing page, click on any tab labeled SUBMIT A 
COMMENT on the extreme right of the page and a page should open that is 
titled ``Submit a Comment.'' You may identify yourself under section 1, 
ENTER INFORMATION, or you may skip section 1 and remain anonymous. You 
enter your comments in section 2, TYPE COMMENT & UPLOAD FILE. When you 
are ready to submit your comments, click on the tab labeled SUBMIT. 
Your comment is then submitted to the docket; and you will receive a 
tracking number.

[[Page 26691]]

     Fax: 1-202-493-2251.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building, Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, 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 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 www.regulations.gov at any time, and in the 
ENTER KEYWORD OR ID box enter FMCSA-2007-28043 and click on the tab 
labeled SEARCH.
    Privacy Act: Anyone is able to 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 
U.S. Department of Transportation's online privacy policy at 
www.dot.gov/privacy or the complete Privacy Act Statement in the 
Federal Register published on January 17, 2008 (73 FR 3316).
    Public Participation: The www.regulations.gov Web site is generally 
available 24 hours each day, 365 days each year. You can obtain 
electronic submission and retrieval help and guidelines under the 
``help'' section of the www.regulations.gov 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.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

APA Application for Exemption

    The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a 
property-carrying CMV driver from driving a CMV after the 14th hour 
after coming on duty following 10 consecutive hours off duty. Under 49 
U.S.C. 31315 and 31136(e), FMCSA may grant an exemption from the HOS 
requirements in 49 CFR 395.3(a)(2) for a 2-year period if it finds such 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such 
exemption. The procedures for requesting an exemption (including 
renewals) are prescribed in 49 CFR part 381.
    The APA, a trade association representing the domestic fireworks 
industry, was previously granted an exemption for 48 of the 58 APA-
member companies during the Independence Day periods in 2011 and 2012. 
The APA held similar 2-year exemptions during Independence Day periods 
from 2005 through 2010. The 2011-2012 exemption expired on July 9, 
2012. Like the other 48 member companies that operated under the 2011-
2012 exemption, the 10 specified additional member-companies would be 
subject to all of the terms and conditions of the exemption.
    The initial APA exemption application for 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-companies during a 
typical Independence Day period.
    As stated in APA's 2004 request, the CMV drivers employed by APA 
member-companies are trained pyro technicians who hold commercial 
driver's licenses (CDLs) with hazardous materials (HM) endorsements. 
They transport fireworks and related equipment by CMVs on a very 
demanding schedule during a brief Independence Day period, often to 
remote locations. After they arrive, the drivers are responsible for 
set-up and staging of the fireworks shows.
    The APA states that it is seeking an HOS exemption for the 2013 and 
2014 Independence Day periods because compliance with the current 14-
hour rule in 49 CFR 395.3(a)(2) by its members would impose a 
substantial economic hardship on numerous cities, towns and 
municipalities, as well as its member-companies. To meet the demand for 
fireworks under the current HOS rules, APA member-companies state that 
they would be required to hire a second driver for most trips. The APA 
advises that the result would be a substantial increase in the cost of 
the fireworks shows--beyond the means of many of its members' 
customers--and that many Americans would be denied this important 
component of the celebration of Independence Day. The 58 APA-member 
companies within the scope of this exemption request are listed in an 
appendix to this notice. A copy of the request for the exemption is 
included in the docket referenced at the beginning of this notice.

Method To Ensure an Equivalent or Greater Level of Safety

    The APA believes that renewal of the exemption will not adversely 
affect the safety of the fireworks transportation provided by these 
motor carriers. According to APA, its member-companies have operated 
under this exemption for eight previous Independence Day periods 
without a reported motor carrier safety incident. Moreover, it asserts, 
without the extra duty-period time provided by the exemption, safety 
would decline because APA drivers would be unable to return to their 
home base after each show. They would be forced to park the CMVs 
carrying HM 1.1G, 1.3G and 1.4G products in areas less secure than the 
motor carrier's home base. As a condition of holding the exemption, 
each motor carrier would be required to notify FMCSA within 5 business 
days of any accident (as defined in 49 CFR 390.5) involving the 
operation of any its CMVs while under this exemption. To date, FMCSA 
has received no accident notifications, nor is the Agency aware of any 
accidents reportable under terms of the prior APA exemptions.
    In its exemption request, APA asserts that the operational demands 
of this unique industry minimize the risks of CMV crashes. In the last 
few days before the Independence Day holiday, these drivers transport 
fireworks over relatively short routes from distribution points to the 
site of the fireworks display, and normally do so in the early morning 
when traffic is light. At the site, they spend considerable time 
installing, wiring, and safety-checking the fireworks displays, 
followed by several hours off duty in the late afternoon and early 
evening prior to the event. During this time, the drivers are able to 
rest and nap, thereby reducing or eliminating the fatigue accumulated 
during the day. Before beginning another duty day, these drivers must 
take 10 consecutive hours off duty, the same as other CMV drivers.

Terms and Conditions of the Exemption

Period of the Exemption

    The requested exemption from the requirements of 49 CFR 395.3(a)(2) 
is proposed to be effective June 28 through

[[Page 26692]]

July 8, 2013, inclusive, and from June 28 through July 8, 2014, 
inclusive. The exemption would expire on July 8, 2014, at 11:59 p.m. 
local time.

Extent of the Exemption

    This exemption would be restricted to drivers employed by the 58 
motor carriers listed in the appendix to this notice. The drivers would 
be given a limited exemption from the requirements of 49 CFR 
395.3(a)(2). This regulation prohibits a driver from driving a CMV 
after the 14th hour after coming on duty and does not permit off-duty 
periods to extend the 14-hour limit. Drivers covered by this exemption 
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 the 14-hour 
period after coming on duty. The exemption would be further contingent 
on each driver having a full 10 consecutive hours off duty following 14 
hours on duty prior to beginning a new driving period. The carriers and 
drivers must comply with all other requirements of the Federal Motor 
Carrier Safety Regulations (49 CFR parts 350-399) and Hazardous 
Materials Regulations (49 CFR parts 105-180).

Preemption

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

FMCSA Notification

    Exempt motor carriers 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

    The FMCSA does not believe the motor carriers and drivers covered 
by this exemption, if granted, will experience any deterioration of 
their safety record. However, should this occur, FMCSA will take all 
steps necessary to protect the public interest, including revocation of 
the exemption. The FMCSA will immediately revoke the exemption for 
failure to comply with its terms and conditions. Exempt motor carriers 
and drivers would be subject to FMCSA monitoring while operating under 
this exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comments on the APA's requested exemption from the 
requirements of 49 CFR 395.3(a)(2). The FMCSA will review all comments 
received and determine whether approval of the exemption is consistent 
with the requirements of 49 U.S.C. 31315.
    Interested parties or organizations possessing information that 
would show that any or all of these APA member-companies are not 
achieving the requisite statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any information submitted and, 
if safety is being compromised or if the continuation of the exemption 
is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will 
immediately take steps to revoke the exemption of the company or 
companies and drivers in question.

    Issued on: April 30, 2013.
Larry W. Minor,
Associate Administrator for Policy.

 Appendix to Notice of Application for Renewal of American Pyrotechnics Association (APA) Exemption From the 14-
             Hour HOS Rule During 2013 and 2014 Independence Day Celebrations for 48 Motor Carriers
----------------------------------------------------------------------------------------------------------------
              Motor carrier                     Street address          City, state & zip code        DOT No.
----------------------------------------------------------------------------------------------------------------
1. Alonzo Fireworks Display, Inc........  846 Stillwater Bridge Rd..  Schaghticoke, NY 12154....          420639
2. American Fireworks Company...........  7041 Darrow Road..........  Hudson, OH 44236..........          103972
3. AM Pyrotechnics, LLC.................  2429 East 535th Rd........  Buffalo, MO 65622.........         1034961
4. Arthur Rozzi Pyrotechnics............  6607 Red Hawk Ct..........  Maineville, OH 45039......         2008107
5. Atlas Enterprises Inc................  6601 Nine Mile Azle Rd....  Fort Worth, TX 76135......         0116910
6. B.J. Alan Company....................  555 Martin Luther King, Jr  Youngstown, OH 44502-1102.          262140
                                           Blvd.
7. Cartwright Fireworks, Inc............  1608 Keely Road...........  Franklin, PA 16323........          882283
8. Central States Fireworks, Inc........  18034 Kincaid Street......  Athens, IL 62613..........         1022659
9. Colonial Fireworks Company...........  5225 Telegraph Road.......  Toledo, OH 43612..........          177274
10. East Coast Pyrotechnics, Inc........  4652 Catawba River Rd.....  Catawba, SC 29704.........          545033
11. Entertainment Fireworks, Inc........  13313 Reeder Road SW......  Tenino, WA 98589..........          680942
12. Falcon Fireworks....................  3411 Courthouse Road......  Guyton, GA 31312..........         1037954
13. Fireworks & Stage FX America........  12650 Hwy 67S. Suite B....  Lakeside, CA 92040........          908304
14. Fireworks by Grucci, Inc............  1 Grucci Lane.............  Brookhaven, NY 11719......          324490
15. Fireworks Extravaganza..............  174 Route 17 North........  Rochelle Park, NJ 07662...         2064141
16. Fireworks West Internationale.......  910 North 3200 West.......  Logan, UT 84321...........          245423
17. Garden State Fireworks, Inc.........  383 Carlton Road..........  Millington, NJ 07946......          435878
18. Gateway Fireworks Displays..........  P.O. Box 39327............  St Louis, MO 63139........         1325301
19. Great Lakes Fireworks...............  24805 Marine..............  Eastpointe, MI 48021......         1011216
20. Hamburg Fireworks Display Inc.......  2240 Horns Mill Road SE...  Lancaster, OH.............          395079
21. Hi-Tech FX, LLC.....................  18060 170th Ave...........  Yarmouth, IA 52660........         1549055
22. Hollywood Pyrotechnics, Inc.........  1567 Antler Point.........  Eagan, MN 55122...........         1061068
23. J&M Displays, Inc...................  18064 170th Ave...........  Yarmouth, IA 52660........          377461
24. Kellner's Fireworks Inc.............  478 Old Rte 8.............  Harrisville, PA...........          481553
25. Lantis Productions dba Lantis         799 N. 18150 W............  Fairfield, UT 84013.......          195428
 Fireworks and Lasers.
26. Legion Fireworks Co., Inc...........  10 Legion Lane............  Wappingers Falls, NY 12590          554391

[[Page 26693]]

 
27. Mad Bomber/Planet Productions.......  PO Box 294, 3999 Hupp Road  Kingsbury, IN 46345.......          777176
                                           R31.
28. Precocious Pyrotechnics, Inc........  4420-278th Ave NW.........  Belgrade, MN 56312........          435931
29. Pyro Engineering Inc., dba/Bay        400 Broadhollow Rd. Ste     Farmindale, NY 11735......          530262
 Fireworks.                                3.
30. Pyro Shows Inc......................  701 W. Central Ave........  LaFollette, TN 37766......          456818
31. Pyro Spectacluars, Inc..............  3196 N Locust Ave.........  Rialto, CA 92376..........          029329
32. Pyro Spectaculars North, Inc........  5301 Lang Avenue..........  McClellan, CA 95652.......         1671438
33. Pyrotechnic Display, Inc............  8450 W. St. Francis Rd....  Frankfort, IL 60423.......         1929883
34. Pyrotecnico (S. Vitale Pyrotechnic    302 Wilson Rd.............  New Castle, PA 16105......          526749
 Industries, Inc.).
35. Pyrotecnico, LLC....................  60 West Ct................  Mandeville, LA 70471......          548303
36. Pyrotecnico FX......................  6965 Speedway Blvd. Suite   Las Vegas, NV 89115.......         1610728
                                           115.
37. Rainbow Fireworks, Inc..............  76 Plum Ave...............  Inman, KS 67546...........         1139643
38. RES Specialty Pyrotechnics..........  21595 286th St............  Belle Plaine, MN 56011....          523981
39. Rozzi's Famous Fireworks, Inc.......  11605 North Lebanon Rd....  Loveland, OH 45140........         0483686
40. Skyworks, Ltd.......................  13513 W. Carrier Rd.......  Carrier, OK 73727.........         1421047
41. Spielbauer Fireworks Co, Inc........  220 Roselawn Blvd.........  Green Bay, WI 54301.......          046479
42. Stonebraker-Rocky Mountain Fireworks  5650 Lowell Blvd, Unit E..  Denver, CO 80221..........         0029845
 Co.
43. Vermont Fireworks Co., Inc./          2235 Vermont Route 14       East Montpelier, VT 05651.          310632
 Northstar Fireworks Co., Inc.             South.
44. Western Display Fireworks, Ltd......  10946 S. New Era Rd.......  Canby, OR 97013...........          498941
45. Western Enterprises, Inc............  PO Box 160................  Carrier, OK 73727.........          203517
46. Western Fireworks, Inc..............  14592 Ottaway Road NE.....  Aurora, OR 97002..........          838585
47. Wolverine Fireworks Display, Inc....  205 W Seidlers............  Kawkawlin, MI.............          376857
48. Zambelli Fireworks MFG, Co., Inc....  PO Box 1463...............  New Castle, PA 16103......          033167
----------------------------------------------------------------------------------------------------------------


  Appendix to Notice of Application for Renewal of American Pyrotechnics Association Exemption From the 14-Hour
    HOS Rule During 2013 and 2014 Independence Day Celebrations for 10 Motor Carriers Not Previously Exempted
----------------------------------------------------------------------------------------------------------------
              Motor carrier                     Street address          City, state & zip code        DOT No.
----------------------------------------------------------------------------------------------------------------
1. American Fireworks Display, LLC......  P.O. Box 980..............  Oxford, NY 13830..........         2115608
2. Atlas Pyrovision Productions, Inc....  136 Old Sharon Rd.........  Jaffrey, NH 03452.........          789777
3. Hawaii Explosives & Pyrotechnics, Inc  17-7850 N. Kulani Road....  Mountain View, HI 96771...         1375918
4. Homeland Fireworks, Inc..............  P.O. Box 7................  Jamieson, OR 97909........         1377525
5. Island Fireworks Co., Inc............  N1597 County Rd VV........  Hager City, WI 54014......          414583
6. Lantis Fireworks, Inc................  130 Sodrac Dr., Box 229...  N. Sioux City, SD 57049...          534052
7. Martin & Ware Inc. dba Pyro City       P.P. Box 322..............  Hallowell, ME 04347.......          734974
 Maine & Central Maine Pyrotechnics.
8. Melrose Pyrotechnics, Inc............  1 Kingsbury Industrial      Kingsbury, IN 46345.......          434586
                                           Park.
9. Starfire Corporation.................  682 Cole Road.............  Carrolltown, PA 15722.....          554645
10. Young Explosives Corp...............  P.O. Box 18653............  Rochester, NY 14618.......          450304
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-10737 Filed 5-6-13; 8:45 am]
BILLING CODE 4910-EX-P