Hours of Service of Drivers: Application of Illumination Fireworks, LLC and ACE Pyro LLC, for Exemption From the 14-Hour Rule During Independence Day Celebrations, 36579-36581 [2014-15043]
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Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Notices
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Jeff
Secrist, Chief, East-South Division,
FMCSA Office of Registration & Safety
Information, West Building 6th Floor,
1200 New Jersey Avenue SE.,
Washington, DC 20590. Telephone:
(202) 385–2367; email jeff.secrist@
dot.gov.
SUPPLEMENTARY INFORMATION:
Background: The Federal Motor
Carrier Safety Administration (FMCSA)
registers for-hire motor carriers under 49
U.S.C. 13902, surface freight forwarders
under 49 U.S.C. 13903, and property
brokers under 49 U.S.C. 13904. Each
registration is effective from the date
specified under 49 U.S.C. 13905(c). 49
CFR part 365.413: ‘‘Procedures for
changing the name or business form of
a motor carrier, freight forwarder, or
property broker’’ states that carriers
must submit a letter containing the
required information to FMCSA’s Office
of Registration and Safety Information
(MC–RS), formerly sent to FMCSA’s IT
Operations Division (MC–RIO),
requesting the change; the new form
would assist entities in reporting this
information accurately and completely.
49 CFR 360.3(f) mentions fees that
FMCSA collects for ‘‘petition for
reinstatement of revoked operating
authority,’’ but does not provide any
specifics for the content that petition
should take.
For-hire motor carriers, brokers and
freight forwarders are required to notify
MC–RS when they change the name or
address of the company. Currently, the
name change request can be filed online
through the Licensing and Insurance
(L&I) Web site, or companies can fax or
mail a letter requesting either name or
address changes. Carriers can also
request reinstatement of a revoked
operating authority either via fax or
online via the Licensing & Insurance
(L&I) Web site. But many choose not to
do so. About 40% of name changes and
60% of reinstatements are filed online.
Of the rest, most are filed by faxing a
request letter to MC–RS. All the address
changes are received by either fax or
mail. The information collected is then
entered in the L&I database by FMCSA
staff. This enables FMCSA to maintain
up-to-date records so that the agency
can recognize the entity in question in
case of enforcement actions or other
procedures required to ensure that the
carrier is fit, willing and able to provide
for-hire transportation services, and so
that entities whose authority has been
revoked can resume operation if they
are not otherwise blocked from doing
VerDate Mar<15>2010
15:30 Jun 26, 2014
Jkt 232001
so. But the current method of collecting
the data means that many requests
include incomplete data, and cannot be
processed without additional follow-up
efforts by both FMCSA staff and the
entities. This multi-purpose form,
therefore, would simplify the process of
gathering the information needed to
process the entities’ requests in a timely
manner, with the least amount of effort
for all parties involved. This multipurpose form would be filed by
registrants on a voluntary, as-needed
basis. This multi-purpose form could be
put on the FMCSA Web site so entities
could access and print/fax/email the
form to MC–RS.
Users may report the following data
points (whichever are relevant to their
records change request):
1. What are the legal/doing business
as names of the entity/representative?
2. What is the contact information of
entity/representatives (phone number,
address, fax number, email address)?
3. What are the requested changes to
name or address of entity?
4. What is the docket MC/MX/FX
number of the entity?
5. What is the US DOT number of the
entity?
6. Is there any change in ownership,
management or control of the entity?
7. What kind of changes is the entity
making to the company?
8. Which authority does the entity/
representative wish to reinstate, motor
carrier or broker?
9. Does the entity/representative
authorize the fee for the name change or
reinstatement?
10. Does the entity/representative
authorize the reinstatement of operating
authority or name/address change?
11. What is the credit card
information (name, number, expiration
date, address, date) for the card used to
pay the fee?
Title: Motor Carrier Records Change
Form.
OMB Control Number: 2126–00XX.
Type of Request: New collection.
Respondents: For-hire motor carriers,
brokers and freight forwarders.
Estimated Number of Respondents:
22,300.
Estimated Time per Response: 15
minutes per response.
Expiration Date: N/A.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
5,575 hours [22,300 annual responses ×
0.25 hours = 5,575].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
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Fmt 4703
Sfmt 4703
36579
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued under the authority delegated in 49
CFR 1.87 on: June 18, 2014.
G. Kelly Regal,
Associate Administrator, Office of Research
and Information Technology and Chief
Information Officer.
[FR Doc. 2014–15026 Filed 6–26–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0111]
Hours of Service of Drivers:
Application of Illumination Fireworks,
LLC and ACE Pyro LLC, for Exemption
From the 14-Hour Rule During
Independence Day Celebrations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
Notice of final disposition; grant
of applications for exemptions.
ACTION:
FMCSA announces its
decision to grant exemptions to
Illumination Fireworks, LLC and ACE
Pyro, LLC (the applicants) from the
requirement that drivers of commercial
motor vehicles (CMVs) must not drive
following the 14th hour after coming on
duty. The exemptions will apply solely
to the operation of 50 CMV drivers
employed by the applicants in
conjunction with staging fireworks
shows celebrating Independence Day
during the periods June 28–July 8, 2014,
inclusive. During this period, the CMV
drivers employed by the applicants will
be allowed to exclude off-duty and
sleeper-berth time of any length from
the calculation of the 14 hours. These
drivers will 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 Agency has determined that
the terms and conditions of the limited
1-year exemptions will ensure a level of
safety equivalent to, or greater than, the
level of safety achieved without the
exemptions.
SUMMARY:
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36580
Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Notices
The exemptions are effective
during the periods of June 28 (12:01
a.m.) through July 8, 2014 (11:59 p.m.).
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The hours-of-service (HOS) rule in 49
CFR 395.3(a)(2) prohibits a propertycarrying CMV driver from driving a
CMV after the 14th hour after coming on
duty following 10 consecutive hours off
duty. FMCSA has authority under 49
U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the
Federal Motor Carrier Safety
Regulations. 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. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Request for Exemption
Illumination Fireworks, LLC (USDOT
2326703) and ACE Pyro, LLC (USDOT
1352892) are fireworks display
companies that employ CMV drivers
who hold commercial driver’s licenses
with hazardous materials endorsements
to transport Division 1.3G and 1.4G
fireworks in conjunction with the setup
of firework shows for Independence
Day. The applicants seek exemptions
from the 14-hour rule in 49 CFR
395.3(a)(2) so that drivers would be
allowed to exclude off-duty and sleeperberth time of any length from the
calculation of the 14 hours. The
VerDate Mar<15>2010
15:30 Jun 26, 2014
Jkt 232001
applicants state that the basis for their
request is the existing FMCSA
exemption granted to the American
Pyrotechnics Association (APA) under
Docket No. FMCSA–2007–28043, which
exempts comparable fireworks
companies from the 14-hour rule.
The applicants further state they are
seeking HOS exemptions for the 2014
and 2015 Independence Day periods
because compliance with the 14-hour
rule would impose economic hardship
on cities, municipalities, and
themselves. Complying with the
existing regulations means most shows
would require two drivers, significantly
increasing the cost of the fireworks
display.
The applicants assert that without the
extra duty-period provided by the
exemption, safety would decline
because firework drivers would be
unable to return to their home base after
each show should they have fireworks
remaining after the display. They would
be forced to park the CMVs carrying
Division 1.3G and 1.4G products in
areas less secure than the motor carriers’
home base.
Method To Ensure an Equivalent or
Greater Level of Safety
As a condition for maintaining the
exemptions, 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 CMVs under this
exemption. The applicants advise they
have never been in an accident. As
additional support for the requested
exemptions, the applicants contend that
the nature and duties of APA CMV
operators is exactly the same as the
CMV operators it employs and they feel
strongly that there will not be any
decline in safety.
In the exemption request, the
applicants assert 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. The
applicants noted that during the 2013
Independence Day season, the furthest
Illumination Fireworks or ACE Pyro
CMV traveled from its home base was
150 miles, which involves a very small
amount of driving compared to the
distance traveled by companies covered
by the APA exemption. At the site, they
spend considerable time installing,
wiring, and safety-checking the
fireworks displays, followed by several
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Frm 00125
Fmt 4703
Sfmt 4703
hours of 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.
A copy of the application for the
exemptions is available for review in the
docket for this notice.
Public Comments
On May 13, 2014, FMCSA published
notice of this application, and asked for
public comment (79 FR 27364). Three
comments were received to the public
docket. Mr. Thomas Ingraldi did not
oppose or support the exemption. He
stated that:
The overall log rules are not the problem.
Only one rule hampers production and
serves no purpose. This rule was to create
circadian rhythms in drivers and failed
miserably. That rule is the 14 hour clock.
Remove that one rule and production
increases because we can drive and sleep as
our body needs not as the clock dictates.
Another respondent, S. Johnson
opposed the exemption and stated,
‘‘There is NO reason the celebrations
cannot be performed within the current
driving and on duty regulations. No
worker should perform over 14 hours
per day. If additional hours are required,
a second crew should be hired.’’
The Advocates for Highway and Auto
Safety (Advocates) also opposed the
exemption. Advocates contends that its
arguments against the granting of the
present exemption are almost identical
to those provided in prior comments
regarding similar applications for
exemption filed by the American
Pyrotechnics Association (APA).
Because the present application relies
almost entirely upon the APA
exemption application process as a
foundation for its application,
Advocates sees no need to restate the
arguments in their entirety.
Advocates further stated its concern
with the safety record of ACE Pyro
LLC’s referring to the carrier’s driver,
vehicle, and hazardous materials out-ofservice rates which have been above
National averages. Advocates requested
FMCSA exclude ACE Pyro LLC from the
exemption if the agency decides to grant
the exemption based on its questionable
safety record. All comments are
available for review in the docket for
this notice.
FMCSA Response to Public Comments
and Agency Decision
Prior to publishing the Federal
Register notice announcing the receipt
E:\FR\FM\27JNN1.SGM
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Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Notices
of the applicants exemption request,
FMCSA ensured that the motor carriers
involved have a current USDOT
registration, Hazardous Materials Safety
Permit (if required), minimum required
levels of insurance, and are not subject
to any ‘‘imminent hazard’’ or other OOS
orders. The Agency conducted a
comprehensive investigation of the
safety performance history of each
applicant during the review process. As
part of this process, FMCSA reviewed
its Motor Carrier Management
Information System (MCMIS) safety
records, including inspection and
accident reports submitted to FMCSA
by State agencies, for each applicant
motor carrier. The Agency also
requested and received a records review
of each carrier from the Pipeline and
Hazardous Materials Safety
Administration (PHMSA). Upon
completion of this comprehensive
review, the Agency concludes that the
applicants will likely achieve a level of
safety that is equivalent to, or greater
than, the level of safety achieved
without the exemption [49 CFR
381.305(a)], and grants the requested
exemptions covering the operations of
50 CMV drivers employed by the
applicants. However, the Agency limits
the exemption to 2014 given the
concerns expressed by the Advocates.
Terms and Conditions of the Exemption
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Period of the Exemption
The exemptions from the
requirements of 49 CFR 395.3(a)(2) are
effective during the period of June 28
(12:01 a.m.) through July 8, 2014 (11:59
p.m.), inclusive.
Extent of the Exemptions
The drivers employed by the
applicants are provided 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 the exemptions may exclude
off-duty and sleeper-berth time of any
length from the calculation of the 14hour limit. The exemptions are
contingent on each driver driving no
more than 11 hours in the 14-hour
period after coming on duty as extended
by any off-duty or sleeper-berth time in
accordance with this exemption. The
exemptions are further contingent on
each driver having a minimum of 10
consecutive hours off duty prior to
beginning a new duty period. The
carriers and drivers must comply with
all other applicable requirements of the
Federal Motor Carrier Safety
VerDate Mar<15>2010
15:30 Jun 26, 2014
Jkt 232001
36581
Regulations (49 CFR parts 350–399) and
Hazardous Materials Regulations (49
CFR parts 105–180).
Issued on: June 20, 2014.
Anne S. Ferro,
Administrator.
Other Conditions
The exemptions are contingent upon
each carrier maintaining USDOT
registration, a Hazardous Materials
Safety Permit (if required), minimum
levels of public liability insurance, and
not being subject to any ‘‘imminent
hazard’’ or other out-of-service (OOS)
order issued by FMCSA. Each driver
covered by the exemptions must
maintain a valid CDL with the required
endorsements, not be subject to any
OOS order or suspension of driving
privileges, and meet all physical
qualifications required by 49 CFR part
391.
[FR Doc. 2014–15043 Filed 6–26–14; 8:45 am]
Preemption
During the periods the exemptions are
in effect, no State may enforce any law
or regulation that conflicts with or is
inconsistent with the exemptions with
respect to a person or entity operating
under the exemptions (49 U.S.C.
31315(d)).
FMCSA Accident Notification
Exempt motor carriers must notify
FMCSA within 5 business days of any
accidents (as defined by 49 CFR 390.5)
involving the operation of any of its
CMVs while under this exemption. The
notification must include the following
information:
a. 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 two
motor carriers and 50 drivers covered by
the exemptions 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 exemptions. The FMCSA will
immediately revoke the exemptions for
failure to comply with its terms and
conditions.
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Frm 00126
Fmt 4703
Sfmt 4703
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35841]
Piedmont & Atlantic Railroad Co., Inc.,
d/b/a/ Yadkin Valley Railroad
Company—Lease Exemption
Containing Interchange Commitment—
Norfolk Southern Railway Company
Piedmont & Atlantic Railroad Co.,
Inc., d/b/a/ Yadkin Valley Railroad
Company (YVRR), a Class III rail carrier,
has filed a verified notice of exemption
under 49 CFR 1150.41 to continue to
lease from Norfolk Southern Railway
Company (NSR) and operate
approximately 93 miles of rail line that
extend: (1) Approximately from
milepost K–37.0 at Rural Hall, Forsyth
County, N.C., to milepost K–100.2 at
North Wilkesboro, Wilkes County, N.C.;
and (2) approximately from milepost
CF–0.0 at Mount Airy, Surry County,
N.C., to milepost CF–29.8 at Rural Hall,
Forsyth County, N.C.1
YVRR and NSR have recently
amended their original lease agreement.
The amendment, among other things,
extends the term of the original lease
agreement. YVRR states that both the
original lease agreement and the
amended lease agreement contain a
lease credit arrangement, which the
Board has previously identified as a
type of interchange commitment in
Information Required in Notices and
Petitions Containing Interchange
Commitments, EP 714 (STB served Sept.
5, 2013). Accordingly, YVRR has
provided the required information set
forth at 49 CFR 1150.43(h)(1). However,
YVRR and NSR assert that, under the
facts of this transaction, the lease credit
arrangement does not constitute an
interchange commitment subject to the
interchange commitment rules and have
contemporaneously filed a joint motion
to strike the information required under
49 CFR 1150.43(h) that YVRR has
provided in its notice. The Board will
address the motion to strike in a
separate decision.
1 YVRR was granted authority to lease and
operate the rail line in Piedmont & Atlantic
Railroad—Lease & Operation Exemption—L&S
Holding Co., FD 32462 (ICC served Mar. 29, 1994)
(original lease agreement). Subsequently, YVRR
became the lessee (rather than the sub-lessee) of the
line at issue.
E:\FR\FM\27JNN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Notices]
[Pages 36579-36581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15043]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0111]
Hours of Service of Drivers: Application of Illumination
Fireworks, LLC and ACE Pyro LLC, for Exemption From the 14-Hour Rule
During Independence Day Celebrations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of applications for
exemptions.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant exemptions to
Illumination Fireworks, LLC and ACE Pyro, LLC (the applicants) from the
requirement that drivers of commercial motor vehicles (CMVs) must not
drive following the 14th hour after coming on duty. The exemptions will
apply solely to the operation of 50 CMV drivers employed by the
applicants in conjunction with staging fireworks shows celebrating
Independence Day during the periods June 28-July 8, 2014, inclusive.
During this period, the CMV drivers employed by the applicants will be
allowed to exclude off-duty and sleeper-berth time of any length from
the calculation of the 14 hours. These drivers will 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
Agency has determined that the terms and conditions of the limited 1-
year exemptions will ensure a level of safety equivalent to, or greater
than, the level of safety achieved without the exemptions.
[[Page 36580]]
DATES: The exemptions are effective during the periods of June 28
(12:01 a.m.) through July 8, 2014 (11:59 p.m.).
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
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. FMCSA has
authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from
certain parts of the Federal Motor Carrier Safety Regulations. 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. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
Request for Exemption
Illumination Fireworks, LLC (USDOT 2326703) and ACE Pyro, LLC
(USDOT 1352892) are fireworks display companies that employ CMV drivers
who hold commercial driver's licenses with hazardous materials
endorsements to transport Division 1.3G and 1.4G fireworks in
conjunction with the setup of firework shows for Independence Day. The
applicants seek exemptions from the 14-hour rule in 49 CFR 395.3(a)(2)
so that drivers would be allowed to exclude off-duty and sleeper-berth
time of any length from the calculation of the 14 hours. The applicants
state that the basis for their request is the existing FMCSA exemption
granted to the American Pyrotechnics Association (APA) under Docket No.
FMCSA-2007-28043, which exempts comparable fireworks companies from the
14-hour rule.
The applicants further state they are seeking HOS exemptions for
the 2014 and 2015 Independence Day periods because compliance with the
14-hour rule would impose economic hardship on cities, municipalities,
and themselves. Complying with the existing regulations means most
shows would require two drivers, significantly increasing the cost of
the fireworks display.
The applicants assert that without the extra duty-period provided
by the exemption, safety would decline because firework drivers would
be unable to return to their home base after each show should they have
fireworks remaining after the display. They would be forced to park the
CMVs carrying Division 1.3G and 1.4G products in areas less secure than
the motor carriers' home base.
Method To Ensure an Equivalent or Greater Level of Safety
As a condition for maintaining the exemptions, 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
CMVs under this exemption. The applicants advise they have never been
in an accident. As additional support for the requested exemptions, the
applicants contend that the nature and duties of APA CMV operators is
exactly the same as the CMV operators it employs and they feel strongly
that there will not be any decline in safety.
In the exemption request, the applicants assert 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. The applicants noted
that during the 2013 Independence Day season, the furthest Illumination
Fireworks or ACE Pyro CMV traveled from its home base was 150 miles,
which involves a very small amount of driving compared to the distance
traveled by companies covered by the APA exemption. At the site, they
spend considerable time installing, wiring, and safety-checking the
fireworks displays, followed by several hours of 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.
A copy of the application for the exemptions is available for
review in the docket for this notice.
Public Comments
On May 13, 2014, FMCSA published notice of this application, and
asked for public comment (79 FR 27364). Three comments were received to
the public docket. Mr. Thomas Ingraldi did not oppose or support the
exemption. He stated that:
The overall log rules are not the problem. Only one rule hampers
production and serves no purpose. This rule was to create circadian
rhythms in drivers and failed miserably. That rule is the 14 hour
clock. Remove that one rule and production increases because we can
drive and sleep as our body needs not as the clock dictates.
Another respondent, S. Johnson opposed the exemption and stated,
``There is NO reason the celebrations cannot be performed within the
current driving and on duty regulations. No worker should perform over
14 hours per day. If additional hours are required, a second crew
should be hired.''
The Advocates for Highway and Auto Safety (Advocates) also opposed
the exemption. Advocates contends that its arguments against the
granting of the present exemption are almost identical to those
provided in prior comments regarding similar applications for exemption
filed by the American Pyrotechnics Association (APA). Because the
present application relies almost entirely upon the APA exemption
application process as a foundation for its application, Advocates sees
no need to restate the arguments in their entirety.
Advocates further stated its concern with the safety record of ACE
Pyro LLC's referring to the carrier's driver, vehicle, and hazardous
materials out-of-service rates which have been above National averages.
Advocates requested FMCSA exclude ACE Pyro LLC from the exemption if
the agency decides to grant the exemption based on its questionable
safety record. All comments are available for review in the docket for
this notice.
FMCSA Response to Public Comments and Agency Decision
Prior to publishing the Federal Register notice announcing the
receipt
[[Page 36581]]
of the applicants exemption request, FMCSA ensured that the motor
carriers involved have a current USDOT registration, Hazardous
Materials Safety Permit (if required), minimum required levels of
insurance, and are not subject to any ``imminent hazard'' or other OOS
orders. The Agency conducted a comprehensive investigation of the
safety performance history of each applicant during the review process.
As part of this process, FMCSA reviewed its Motor Carrier Management
Information System (MCMIS) safety records, including inspection and
accident reports submitted to FMCSA by State agencies, for each
applicant motor carrier. The Agency also requested and received a
records review of each carrier from the Pipeline and Hazardous
Materials Safety Administration (PHMSA). Upon completion of this
comprehensive review, the Agency concludes that the applicants will
likely achieve a level of safety that is equivalent to, or greater
than, the level of safety achieved without the exemption [49 CFR
381.305(a)], and grants the requested exemptions covering the
operations of 50 CMV drivers employed by the applicants. However, the
Agency limits the exemption to 2014 given the concerns expressed by the
Advocates.
Terms and Conditions of the Exemption
Period of the Exemption
The exemptions from the requirements of 49 CFR 395.3(a)(2) are
effective during the period of June 28 (12:01 a.m.) through July 8,
2014 (11:59 p.m.), inclusive.
Extent of the Exemptions
The drivers employed by the applicants are provided 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 the exemptions may exclude off-duty and
sleeper-berth time of any length from the calculation of the 14-hour
limit. The exemptions are contingent on each driver driving no more
than 11 hours in the 14-hour period after coming on duty as extended by
any off-duty or sleeper-berth time in accordance with this exemption.
The exemptions are further contingent on each driver having a minimum
of 10 consecutive hours off duty prior to beginning a new duty period.
The carriers and drivers must comply with all other applicable
requirements of the Federal Motor Carrier Safety Regulations (49 CFR
parts 350-399) and Hazardous Materials Regulations (49 CFR parts 105-
180).
Other Conditions
The exemptions are contingent upon each carrier maintaining USDOT
registration, a Hazardous Materials Safety Permit (if required),
minimum levels of public liability insurance, and not being subject to
any ``imminent hazard'' or other out-of-service (OOS) order issued by
FMCSA. Each driver covered by the exemptions must maintain a valid CDL
with the required endorsements, not be subject to any OOS order or
suspension of driving privileges, and meet all physical qualifications
required by 49 CFR part 391.
Preemption
During the periods the exemptions are in effect, no State may
enforce any law or regulation that conflicts with or is inconsistent
with the exemptions with respect to a person or entity operating under
the exemptions (49 U.S.C. 31315(d)).
FMCSA Accident Notification
Exempt motor carriers must notify FMCSA within 5 business days of
any accidents (as defined by 49 CFR 390.5) involving the operation of
any of its CMVs while under this exemption. The notification must
include the following information:
a. 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 two motor carriers and 50 drivers
covered by the exemptions 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
exemptions. The FMCSA will immediately revoke the exemptions for
failure to comply with its terms and conditions.
Issued on: June 20, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-15043 Filed 6-26-14; 8:45 am]
BILLING CODE 4910-EX-P
