Hours of Service of Drivers: Renewal of Illumination Fireworks, LLC and ACE Pyro, LLC Exemptions From the 14-Hour Rule During Independence Day Celebrations, 36894-36896 [2015-15723]
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Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices
Issued under the authority delegated in 49
CFR 1.87 on: June 19, 2015.
G. Kelly Regal,
Associate Administrator, Office of Research
and Information Technology.
[FR Doc. 2015–15722 Filed 6–25–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0111]
Hours of Service of Drivers: Renewal
of Illumination Fireworks, LLC and
ACE Pyro, LLC Exemptions From the
14-Hour Rule During Independence
Day Celebrations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of applications for exemptions.
AGENCY:
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 a
CMV following the 14th hour after
coming on duty. The FMCSA renews
the exemptions for drivers of
approximately 50 CMVs employed by
the applicants in conjunction with
staging fireworks shows celebrating
Independence Day during the period
June 28–July 8, 2015, 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 will continue to be subject to the
11-hour driving time limit, and the 60and 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.
DATES: These exemptions are effective
during the period of June 28 (12:01 a.m.)
through July 8, 2015 (11:59 p.m.).
FOR FURTHER INFORMATION CONTACT: Mrs.
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards;
Telephone: 202–366–4325, Email:
MCPSD@dot.gov, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
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SUMMARY:
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18:15 Jun 25, 2015
Jkt 235001
Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, go to
www.regulations.gov at any time or visit
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., ET, Monday through
Friday, except Federal holidays. The online Federal document management
system is available 24 hours each day,
365 days each year. The docket number
is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
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 (FMCSRs). 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
The initial exemption application
from Illumination Fireworks, LLC
(USDOT 2326703) and ACE Pyro, LLC
(USDOT 1352892) (the applicants) for
relief from the HOS rule was submitted
in 2014; a copy is in the docket. That
document fully described the nature of
operations encountered by CMV drivers
employed by the applicants. On June 28,
2014, the Agency granted the
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
applicants’ exemptions from the HOS
regulation that prohibits drivers from
operating property-carrying CMVs after
the 14th hour after coming on duty. The
exemption expired on July 8, 2014.
On October 14, 2014, FMCSA
published notice of the applicants’
renewal request (79 FR 61687). The
applicants are fireworks display
companies that employ CMV drivers
who hold commercial driver’s licenses
(CDLs) with hazardous materials (HM)
endorsements to transport Division 1.3G
and 1.4G explosives (fireworks) in
conjunction with the setup of fireworks
shows for Independence Day. The
applicants seek exemptions from the 14hour rule in 49 CFR 395.3(a)(2) so that
drivers would be allowed to exclude offduty and sleeper-berth time of any
length from the calculation of the 14
hours. The applicants state they are
seeking HOS exemptions for the 2015
Independence Day period 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 fireworks 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 explosives 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 will 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.
In the exemption request, the
applicants asserted 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 2014
Independence Day season, the furthest
Illumination Fireworks or ACE Pyro
CMVs traveled from their home bases
was 150 miles, which involves a very
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Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices
small amount of driving. 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
Two comments were received in
response to the October 14 notice. The
Advocates for Highway and Auto Safety
(Advocates) and Ms. Lisa Kupsey
opposed the application.
The Advocates said 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 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.’’
Ms. Kupsey commented
‘‘Is this business that necessary that it
has to allow its employees to be
‘exempt’? Probably not.’’
All comments are available for review
in the docket for this notice.
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FMCSA Response to Public Comments
and Agency Decision
Prior to publishing the Federal
Register notice announcing the receipt
of the applicants’ exemption request,
FMCSA ensured that the motor carriers
involved have a current USDOT
registration, Hazardous Materials Safety
Permit, minimum required levels of
insurance, and were 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 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).
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18:15 Jun 25, 2015
Jkt 235001
FMCSA reviewed the comments and
concluded that the information
provided by Ms. Kupsey did not address
this notice.
With regards to Advocates’ suggestion
that the applicants should have
alternative means to comply with the
HOS regulations without an exemption,
FMCSA does not believe reasonable
alternatives are necessarily available in
many locations. Such alternatives
would include locating additional
drivers with CDLs and HM
endorsements. This is difficult for parttime, holiday-specific work. CDL
holders with HM endorsements are
likely to be in high demand, given the
Transportation Security Administration
requirements for such drivers. And, as
indicated in this notice and the
application, potential alternatives could
drive the cost of fireworks displays
beyond the financial capabilities of
many communities.
The FMCSA has evaluated the
application, the safety records of the
companies to which the exemption
would apply, and the comments. The
Agency believes 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 the CMV
drivers employed by the applicants.
Terms and Conditions of the
Exemptions
Period of the Exemptions
These exemptions are effective during
the period of June 28 (12:01 a.m.)
through July 8, 2015 (11:59 p.m.).
Extent of the Exemptions
The drivers employed by the
applicants are provided an 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 sleeperberth 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 FMCSRs (49 CFR
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Frm 00139
Fmt 4703
Sfmt 4703
36895
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, 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. Drivers operating under
an exemption must carry a copy of the
exemption document onboard the
vehicle for review by any law
enforcement officer.
Preemption
During the period 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 by email to MCPSD@DOT.GOV
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. Exemption Identifier: ‘‘ILLUM/
ACE’’
b. Name and USDOT number of the
motor carrier,
c. Date of the accident,
d. City or town, and State, in which
the accident occurred, or which is
closest to the scene of the accident,
e. Driver’s name and driver’s license
number,
f. Vehicle number and State license
number,
g. Number of individuals suffering
physical injury,
h. Number of fatalities,
i. The police-reported cause of the
accident,
j. Whether the driver was cited for
violation of any traffic laws, or motor
carrier safety regulations, and
k. 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 approximately 50
drivers covered by the exemptions will
experience any deterioration of their
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36896
Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices
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 8, 2015.
T. F. Scott Darling III,
Chief Counsel.
[FR Doc. 2015–15723 Filed 6–25–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Dated: June 23, 2015.
Dawn D. Wolfgang,
Treasury PRA Clearance Officer.
Submission for OMB Review;
Comment Request
Department of the Treasury.
Notice.
AGENCY:
ACTION:
BILLING CODE 4810–31–P
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VerDate Sep<11>2014
18:15 Jun 25, 2015
Jkt 235001
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0679]
Agency Information Collection
(Certification of Change or Correction
of Name Government Life Insurance,
VA Form 29–586) Activity Under OMB
Review
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3521), this notice
announces that the Veterans Benefits
Administration (VBA), Department of
Veterans Affairs, will submit the
collection of information abstracted
below to the Office of Management and
Budget (OMB) for review and comment.
The PRA submission describes the
nature of the information collection and
its expected cost and burden; it includes
the actual data collection instrument.
DATES: Comments must be submitted on
or before July 27, 2015.
ADDRESSES: Submit written comments
on the collection of information through
www.Regulations.gov, or to Office of
SUMMARY:
PO 00000
Frm 00140
Fmt 4703
Sfmt 9990
Information and Regulatory Affairs,
Office of Management and Budget, Attn:
VA Desk Officer; 725 17th St. NW.,
Washington, DC 20503 or sent through
electronic mail to oira_submission@
omb.eop.gov. Please refer to ‘‘OMB
Control No. 2900–0679’’ in any
correspondence.
FOR FURTHER INFORMATION CONTACT:
Crystal Rennie, Enterprise Records
Service (005R1B), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420, (202) 632–
7492 or email crystal.rennie@va.gov.
Please refer to ‘‘OMB Control No. 2900–
0679.’’
Title:
Certification of Change or Correction of
Name Government Life Insurance, VA
Form 29–586.
OMB Control Number: 2900–0679.
Type of Review: Revision of a
currently approved collection.
Abstract: The information collected
on this form is used by the Insurance
Activity to initiate the processing of the
insured’s request to change his/her
name. The information on the form is
required by law, U.S.C. 1904 and 1942.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The Federal Register
Notice with a 60-day comment period
soliciting comments on this collection
of information was published at 80 FR
2782 on January 20, 2015.
Affected Public: Individuals or
households.
Estimated Annual Burden: 20 Hours
Estimated Average Burden per
Respondent: 10 minutes.
Frequency of Response: On occasion
Estimated Number of Respondents:
120 a year
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–15720 Filed 6–25–15; 8:45 am]
The Department of the Treasury will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, Public Law 104–13, on or after the
date of publication of this notice.
DATES: Comments should be received on
or before July 27, 2015 to be assured of
consideration.
ADDRESSES: Send comments regarding
the burden estimate, or any other aspect
of the information collection, including
suggestions for reducing the burden, to
(1) Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Desk Officer for
Treasury, New Executive Office
Building, Room 10235, Washington, DC
20503, or email at OIRA_Submission@
OMB.EOP.gov and (2) Treasury PRA
Clearance Officer, 1750 Pennsylvania
Ave. NW., Suite 8140, Washington, DC
20220, or email at PRA@treasury.gov.
FOR FURTHER INFORMATION CONTACT:
Copies of the submission may be
obtained by emailing PRA@treasury.gov,
or viewing the entire information
collection request at www.reginfo.gov.
SUPPLEMENTARY INFORMATION:
Alcohol and Tobacco Tax and Trade
Bureau (TTB)
OMB Number: 1513–0090.
Type of Review: Revision of a
currently approved collection.
Title: Excise Tax Return—Alcohol and
Tobacco (Puerto Rico).
Form: TTB F 5000.25.
Abstract: Businesses in Puerto Rico
report their Federal excise tax liability
on distilled spirits, wine, beer, tobacco
products, and cigarette papers and tubes
on TTB F 5000.25. TTB uses this form
to identify the taxpayer and to
determine the amount and type of taxes
due and paid.
Affected Public: Private Sector:
Businesses or other for-profits.
Estimated Annual Burden Hours: 356.
Dated: June, 23, 2015.
By direction of the Secretary:
Kathleen M. Manwell,
Office of Privacy and Records Management,
Department of Veterans Affairs.
[FR Doc. 2015–15775 Filed 6–25–15; 8:45 am]
BILLING CODE 8320–01–P
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]]>Agencies
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Notices]
[Pages 36894-36896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15723]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0111]
Hours of Service of Drivers: Renewal of Illumination Fireworks,
LLC and ACE Pyro, LLC Exemptions 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 a CMV following the 14th hour after coming on duty. The FMCSA
renews the exemptions for drivers of approximately 50 CMVs employed by
the applicants in conjunction with staging fireworks shows celebrating
Independence Day during the period June 28-July 8, 2015, 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 will 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.
DATES: These exemptions are effective during the period of June 28
(12:01 a.m.) through July 8, 2015 (11:59 p.m.).
FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325, Email: MCPSD@dot.gov,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
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., ET, Monday
through Friday, except Federal holidays. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
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 (FMCSRs).
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
The initial exemption application from Illumination Fireworks, LLC
(USDOT 2326703) and ACE Pyro, LLC (USDOT 1352892) (the applicants) for
relief from the HOS rule was submitted in 2014; a copy is in the
docket. That document fully described the nature of operations
encountered by CMV drivers employed by the applicants. On June 28,
2014, the Agency granted the applicants' exemptions from the HOS
regulation that prohibits drivers from operating property-carrying CMVs
after the 14th hour after coming on duty. The exemption expired on July
8, 2014.
On October 14, 2014, FMCSA published notice of the applicants'
renewal request (79 FR 61687). The applicants are fireworks display
companies that employ CMV drivers who hold commercial driver's licenses
(CDLs) with hazardous materials (HM) endorsements to transport Division
1.3G and 1.4G explosives (fireworks) in conjunction with the setup of
fireworks 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 they are seeking
HOS exemptions for the 2015 Independence Day period 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 fireworks 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 explosives 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
will 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.
In the exemption request, the applicants asserted 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 2014 Independence Day season, the furthest Illumination
Fireworks or ACE Pyro CMVs traveled from their home bases was 150
miles, which involves a very
[[Page 36895]]
small amount of driving. 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
Two comments were received in response to the October 14 notice.
The Advocates for Highway and Auto Safety (Advocates) and Ms. Lisa
Kupsey opposed the application.
The Advocates said 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 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.''
Ms. Kupsey commented
``Is this business that necessary that it has to allow its
employees to be `exempt'? Probably not.''
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 of the applicants' exemption request, FMCSA ensured that the
motor carriers involved have a current USDOT registration, Hazardous
Materials Safety Permit, minimum required levels of insurance, and were
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
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).
FMCSA reviewed the comments and concluded that the information
provided by Ms. Kupsey did not address this notice.
With regards to Advocates' suggestion that the applicants should
have alternative means to comply with the HOS regulations without an
exemption, FMCSA does not believe reasonable alternatives are
necessarily available in many locations. Such alternatives would
include locating additional drivers with CDLs and HM endorsements. This
is difficult for part-time, holiday-specific work. CDL holders with HM
endorsements are likely to be in high demand, given the Transportation
Security Administration requirements for such drivers. And, as
indicated in this notice and the application, potential alternatives
could drive the cost of fireworks displays beyond the financial
capabilities of many communities.
The FMCSA has evaluated the application, the safety records of the
companies to which the exemption would apply, and the comments. The
Agency believes 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 the CMV drivers
employed by the applicants.
Terms and Conditions of the Exemptions
Period of the Exemptions
These exemptions are effective during the period of June 28 (12:01
a.m.) through July 8, 2015 (11:59 p.m.).
Extent of the Exemptions
The drivers employed by the applicants are provided an 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 FMCSRs (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, 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. Drivers operating under an exemption must carry a copy of
the exemption document onboard the vehicle for review by any law
enforcement officer.
Preemption
During the period 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 by email to MCPSD@DOT.GOV
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. Exemption Identifier: ``ILLUM/ACE''
b. Name and USDOT number of the motor carrier,
c. Date of the accident,
d. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
e. Driver's name and driver's license number,
f. Vehicle number and State license number,
g. Number of individuals suffering physical injury,
h. Number of fatalities,
i. The police-reported cause of the accident,
j. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
k. 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 approximately
50 drivers covered by the exemptions will experience any deterioration
of their
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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 8, 2015.
T. F. Scott Darling III,
Chief Counsel.
[FR Doc. 2015-15723 Filed 6-25-15; 8:45 am]
BILLING CODE 4910-EX-P
