Hours of Service (HOS) of Drivers; American Pyrotechnics Association (APA); Granting of Exemption From the 14-Hour Rule, 43701-43705 [2016-15797]

Download as PDF Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices The two inspections of Ace Pyro on record occurred on different vehicles in 2015. In both instances, there were OOS problems with brakes and on one a driver with an improper class of CDL. Because Ace Pyro had no negative information in our review of its safety records that would warrant an unsatisfactory safety rating, FMCSA does not consider these two inspections to be a clear indicator of overall safety problems with this carrier. The Agency believes that the applicants operating under the exemption 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)]. FMCSA therefore grants the requested exemptions for 5 years. VII. Terms and Conditions of the Exemption Period of the Exemption The exemption from the requirements of 49 CFR 395.3(a)(2) is effective for the periods of June 28–July 8, 2016 through 2020. sradovich on DSK3GDR082PROD with NOTICES Extent of the Exemption The exemption is restricted to the drivers employed by the applicants. The drivers are exempt 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 the exemption may exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour limit. The exemption is 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. The exemption is further contingent on each driver having a minimum of 10 consecutive hours off duty prior to beginning a new duty period. Drivers operating under the exemption must carry a copy of this Federal Register notice or equivalent signed letter from FMCSA, and provide it to enforcement officers upon request. 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 exemption is contingent upon each carrier maintaining USDOT registration, a Hazardous Materials Safety Permit (if required), minimum levels of public liability insurance, and VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 43701 not being subject to any ‘‘imminent hazard’’ or other out-of-service (OOS) orders issued by FMCSA. Each driver covered by the exemption is required to maintain a valid CDL with the appropriate endorsements, not be subject to any suspension of driving privileges, and meet all physical qualifications required by 49 CFR part 391. DEPARTMENT OF TRANSPORTATION Preemption AGENCY: In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. FMCSA Accident Notification Exempt motor carriers are required to notify FMCSA within 5 business days of any accident (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 Identity: ‘‘Illumination Fireworks’’ or ‘‘Ace Pyro’’ b. Name of operating motor carrier and USDOT number, c. Date of the accident, d. City or town, and State, in which the accident occurred, or closest to the accident scene, e. Driver’s name and driver’s license number and State of issuance, f. Vehicle number and State license plate 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 driver’s total driving time and total on-duty time period prior to the accident. Accidents would be reported via email to MCPSD@DOT.GOV. Issued on: June 27, 2016. T.F. Scott Darling, III, Acting Administrator . [FR Doc. 2016–15798 Filed 6–29–16; 4:15 pm] BILLING CODE 4910–EX–P PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–28043] Hours of Service (HOS) of Drivers; American Pyrotechnics Association (APA); Granting of Exemption From the 14-Hour Rule Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. FMCSA announces the granting of an exemption for 51 member companies of the American Pyrotechnics Association (APA) from the hours-of-service (HOS) regulation prohibiting drivers of commercial motor vehicles (CMVs) from driving after the 14th hour after coming on duty. Fiftyone APA members currently hold such exemptions. APA requests discontinuance of the exemption for 4 carriers, and new exemptions for 4 carriers, with the total therefore remaining at 51. The ‘‘Fixing America’s Surface Transportation Act’’ (FAST Act) extended the HOS exemptions in effect on the date of enactment of that Act to 5 years from the date of issuance. Because the FAST Act also authorized new exemptions for a period of up to 5 years, the Agency grants 4-year exemptions to 4 additional fireworks companies, ensuring that all 51 exemptions will terminate on July 8, 2020. FMCSA has determined that the terms and conditions of the exemption ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption. DATES: These exemptions from 49 CFR 395.3(a)(2) are effective from June 28 through July 8, at 11:59 p.m. local time, each year through 2020. ADDRESSES: Docket: For access to the docket to read background documents or comments, 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 Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments SUMMARY: E:\FR\FM\05JYN1.SGM 05JYN1 43702 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, 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. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation sradovich on DSK3GDR082PROD with NOTICES Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ‘‘FMCSA–2007–28043’’ in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis 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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 which exemption is granted. The notice must also specify the effective period of the exemption, and explain its terms and conditions. The exemption may be renewed (49 CFR 381.300(b)). Section 5206(a)(3) of the FAST Act amended 49 U.S.C. 31315 to permit FMCSA to grant exemptions for up to 5 years from the date of issuance, instead of the previous two years [section 31315(b)(2)]. This statutory provision will be codified in 49 CFR part 381 in a forthcoming rulemaking. Section 5206(b)(2)(A) of the FAST Act also extended all HOS exemptions in effect on the date of enactment to a period of 5 years from the date of issuance. FMCSA announced the extension of the HOS fireworks exemption in a Federal Register notice published on May 9, 2016 [81 FR 28115]. III. APA Application for Exemption The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a propertycarrying CMV from driving after the 14th hour after coming on duty following 10 consecutive hours off duty. The APA, a trade association representing the domestic fireworks industry, was granted an exemption for 51 member companies for the 2015 and 2016 Independence Day periods [80 FR 37040, June 29, 2015]. APA has requested new exemptions for four carriers and discontinuance of the exemptions for four carriers,1 maintaining the total at 51. As mentioned above, the 51 exemptions granted to APA members in 2015 (now reduced to 47 exemptions) were extended, pursuant to section 5206(b)(2)(A) of the FAST Act, through the annual Independence Day periods ending on July 8, 2020. The exemptions for the 4 new APA carriers will also expire on July 8, 2020. Although this is less than the 5-year exemption period authorized by 49 U.S.C. 31315(b)(2), as amended by section 5206(a)(3) of the FAST Act, FMCSA believes that the interests of the APA members and the Agency would best be served by harmonizing, as far as possible, the expiration dates of all such fireworksrelated exemptions. It should also be noted that section 5206(b)(2)(A) of the FAST Act extends HOS exemptions in effect on the date of enactment ‘‘for a period of 5 years from the date such exemption was granted’’ (emphasis added). FMCSA believes that the intent of the statute was to extend the effective period of an exemption from 2 to 5 1 Colonial Fireworks, DOT 177274; Fireworks West Internationale, DOT 245423; USA Halloween Planet Inc. dba USA Fireworks, DOT 725457; Western Fireworks Inc., DOT 838585. PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 years, on the assumption that exemptions begin upon issuance and remain in effect (in most cases) for 2 consecutive years. Since the 2015 fireworks exemption involved 2 separate periods, both ending after ‘‘the date such exemption was granted,’’ the Agency believes the FAST Act amendment is best interpreted as extending the end date of the fireworks exemption—namely July 8 of each year—through 2020. Like the other 47 APA companies that operated under the 2015 exemption, the 4 additional companies would be subject to all of the terms and conditions of the exemption. The original APA application for relief from the 14-hour rule was submitted in 2004; a copy is in the docket. That application fully describes the nature of the pyrotechnic operations of the CMV drivers during a typical Independence Day period. As stated in the 2004 request, the CMV drivers employed by APA members 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 exemption for an additional four member companies because compliance with the current 14-hour rule in 49 CFR 395.3(a)(2) would impose a substantial economic hardship on numerous cities, towns and municipalities, as well as its member companies. To meet the demand for fireworks without the exemption, APA states that its member companies 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 47 APA member companies currently exempt, as well as the four carriers seeking an exemption for the first time, are listed in an appendix to this notice. The four new carriers are identified with an asterisk. A copy of the request for the exemption is included in the docket referenced at the beginning of this notice. IV. Method To Ensure an Equivalent or Greater Level of Safety The APA believes that the new exemptions would not adversely affect the safety of the fireworks transportation E:\FR\FM\05JYN1.SGM 05JYN1 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices sradovich on DSK3GDR082PROD with NOTICES provided by these motor carriers. According to APA, its membercompanies have operated under this exemption for 10 previous Independence Day periods without a reported motor carrier safety incident. Moreover, it asserts, without the extra 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 unused fireworks (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 five business days of any accident (as defined in 49 CFR 390.5) involving the operation of any of 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 asserted that the operational demands of this unique industry minimize the risks of CMV crashes. In the last few days before July 4, 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 drivers of property-carrying CMVs. V. Public Comments On May 9, 2016, FMCSA published notice of this application and requested public comments (81 FR 28115). Two comments were submitted, both opposing the exemption. The first was from an individual who objected to the exemption in principle, stating ‘‘I find it hypocritical of the FMCSA to consider exemptions to the hours of service regulations for any special interests.’’ The second comment, from the Advocates for Highway and Auto Safety (Advocates), listed objections to 19 of the 51 carriers. Of these 19, two were among the four carriers proposed to be added to this exemption. In most cases, Advocates pointed out the carrier had out-of-service (OOS) rates well above the national averages. Advocates also described violations that were found VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 during roadside inspections of the carriers. Further, they asserted that FMCSA had not conducted thorough safety-record checks of the carriers because the OOS rates and inspection violations were not mentioned in the May 9, 2016, Federal Register notice (81 FR 28115). FMCSA Response Section 5206(b)(2)(A) of the FAST Act extended HOS exemptions in effect on the date of enactment ‘‘for a period of 5 years from the date such exemption was granted.’’ Therefore, the exemptions of the 47 carriers that were included in the previous exemption period have been statutorily extended until July 8, 2020 [81 FR 28115]. Prior to the time exemption applications are announced in the Federal Register, FMCSA checks basic elements of safety records for any factors that would disqualify the carrier, such as being under an Imminent Hazard Order. Other elements of the safety records are checked during the comment period of the notice. The information provided by Advocates for each carrier was also identified by FMCSA during the comment period and has been considered in this final determination for the four new applicant-carriers. With regard to safety statistics, none of the 51 carriers granted exemptions in 2015 (which were extended by the FAST Act) or the 4 carriers proposed for exemption in 2016, was under an OOS or Imminent Hazard Order, had any alerts in the Safety Management System (SMS), or was under investigation by the Pipeline and Hazardous Materials Safety Administration. All had ‘‘satisfactory’’ safety ratings based on compliance reviews, and all had valid Hazardous Materials Safety Permits. A few ‘‘acute critical’’ violations attributed to 3 of the carriers occurred months after the Independence Day holiday, when the carriers were not operating under the exemption. Because of the small numbers of inspections on record for most of these carriers, the OOS rates cited by Advocates do not constitute a statistically reliable basis for a comparison with national averages. For example, a carrier having only three inspections, one of which included a driver OOS violation, would have a driver OOS rate of 33% compared to the national average of approximately 5%. Under those circumstances, FMCSA would not consider the apparent high OOS rate to be particularly significant. Carrier Pyrotecnico LLC, USDOT 548303, was identified as not having a valid registration with FMCSA. However, investigation of the carrier’s PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 43703 MCS–150B registration documents indicated that the carrier’s officials had mistakenly used the same USDOT number when intending to apply for new registration of a different carrier. The carrier is reportedly undertaking a correction of the records. The Agency considers Pyrotecnico LLC, USDOT 526749, to be registered and included in the exemptions extended by the FAST Act. In light of the above, FMCSA believes that the fireworks carriers previously granted HOS exemptions remain likely, as before, to achieve a level of safety equivalent to or greater than the level that compliance with the 14-hour rule would ensure. Similarly, the Agency has concluded that the 4 APA members applying for the same HOS exemption would likely meet the same standard and has decided to grant them a 4-year exemption from the 14-hour rule. VI. Terms and Conditions of the Exemption Period of the Exemption The exemption from 49 CFR 395.3(a)(2) is effective from June 28 through July 8, at 11:59 p.m. local time, each year through 2020 for the 51 carriers identified in this notice. Terms and Conditions of the Exemption The exemptions from 49 CFR 395.3(a)(2) will be limited to drivers employed by the 47 motor carriers already covered by the exemption, and drivers employed by 4 motor carriers that were not included for the 2015 period. The four carriers are identified by an asterisk in the appendix table of this notice. Section 395.3(a)(2) 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 may exclude off-duty and sleeper-berth time of any length from the calculation of the 14hour limit. This exemption is contingent on each driver driving no more than 11 hours in the 14-hour period after coming on duty, as extended by any offduty or sleeper-berth time in accordance with this exception. 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. Drivers operating under the exemption must carry a copy of this Federal Register notice or equivalent signed letter from FMCSA, and provide it to enforcement officers upon request. The carriers and drivers must comply with all other applicable requirements of the Federal Motor Carrier Safety E:\FR\FM\05JYN1.SGM 05JYN1 43704 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices Regulations (49 CFR parts 350–399) and Hazardous Materials Regulations (49 CFR parts 105–180). Preemption In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. 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 their CMVs while under this exemption. The notification must include the following information: a. Name of the exemption: ‘‘APA,’’ b. Date of the accident, c. City or town, and State, in which the accident occurred, or which is closest to the scene of the accident, d. Driver’s name and driver’s license number, e. Vehicle number and State license number, f. Number of individuals suffering physical injury, g. Number of fatalities, h. The police-reported cause of the accident, i. Whether the driver was cited for violation of any traffic laws, or motor carrier safety regulations, and j. 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 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 are subject to FMCSA monitoring while operating under this exemption. Issued on: June 27, 2016. T.F. Scott Darling, III, Acting Administrator. APPENDIX TO NOTICE OF APPLICATION FOR APPROVAL OF MOTOR CARRIERS TO UTILIZE AMERICAN PYROTECHNICS ASSOCIATION’S (APA) EXEMPTION FROM THE 14-HOUR RULE DURING 2016 INDEPENDENCE DAY CELEBRATIONS Street address City, state, zip code 1. American Fireworks Company ............................................. 2. American Fireworks Display, LLC ........................................ 3. AM Pyrotechnics, LLC .......................................................... 4. Arthur Rozzi Pyrotechnics .................................................... 5. Atlas PyroVision Entertainment Group, Inc .......................... 6. Central States Fireworks, Inc ............................................... 7. East Coast Pyrotechnics, Inc ............................................... 8. Entertainment Fireworks, Inc ................................................ 9. Falcon Fireworks .................................................................. 10. Fireworks & Stage FX America .......................................... 11. Fireworks by Grucci, Inc ..................................................... 12. * Flashing Thunder Fireworks dba Legal Aluminum King Mtg. 13. J&J Computing dba Fireworks Extravaganza .................... 14. Gateway Fireworks Displays .............................................. 15. Great Lakes Fireworks ....................................................... 16. Hamburg Fireworks Display, Inc ........................................ 17. Hawaii Explosives & Pyrotechnics, Inc .............................. 18. Hollywood Pyrotechnics, Inc ............................................... 19. Homeland Fireworks, Inc .................................................... 20. Island Fireworks Co., Inc .................................................... 21. J&M Displays, Inc ............................................................... 22. Lantis Fireworks, Inc ........................................................... 23. Legion Fireworks Co., Inc ................................................... 24. Miand Inc. dba Planet Productions (Mad Bomber) ............ sradovich on DSK3GDR082PROD with NOTICES Motor carrier 7041 Darrow Road ................. P.O. Box 980 .......................... 2429 East 535th Rd ................ 6607 Red Hawk Ct ................. 136 Old Sharon Rd ................. 18034 Kincaid Street .............. 4652 Catawba River Rd ......... 13313 Reeder Road SW ........ 3411 Courthouse Road .......... 12650 Hwy 67S. Suite B ........ 20 Pinehurst Drive .................. 700 E Van Buren Street ......... Hudson, OH 44236 ................. Oxford, NY 13830 ................... Buffalo, MO 65622 .................. Maineville, OH 45039 ............. Jaffrey, NH 03452 ................... Athens, IL 62613 .................... Catawba, SC 29704 ............... Tenino, WA 98589 .................. Guyton, GA 31312 .................. Lakeside, CA 92040 ............... Bellport, NY 11713 ................. Mitchell, IA 50461 ................... 103972 2115608 1034961 2008107 789777 1022659 545033 680942 1037954 908304 324490 420413 174 Route 17 North ................ P.O. Box 39327 ...................... 24805 Marine .......................... 2240 Horns Mill Road SE ....... 17–7850 N. Kulani Road ........ 1567 Antler Point .................... P.O. Box 7 .............................. N1597 County Rd VV ............. 18064 170th Ave .................... 130 Sodrac Dr., Box 229 ........ 10 Legion Lane ....................... P.O. Box 294, 3999 Hupp Road. P.P. Box 322 ........................... Rochelle Park, NJ 07662 ........ St Louis, MO 63139 ................ Eastpointe, MI 48021 .............. Lancaster, OH ......................... Mountain View, HI 96771 ....... Eagan, MN 55122 ................... Jamieson, OR 97909 .............. Hager City, WI 54014 ............. Yarmouth, IA 52660 ................ N. Sioux City, SD 57049 ........ Wappingers Falls, NY 12590 .. Kingsbury, IN 46345 ............... 2064141 1325301 1011216 395079 1375918 1061068 1377525 414583 377461 534052 554391 777176 Hallowell, ME 04347 ............... 734974 1 Kinsgubury Industrial Park .. 4420–278th Ave NW .............. 115 N 1st Street ..................... 6601 9 Mile Azle Rd ............... 400 Broadhollow Rd. Ste #3 .. 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 ....... 3626 CR 203 .......................... 13513 W. Carrier Rd .............. Kingsbury, IN 46345 ............... Belgrade, MN 56312 ............... LaFollette, TN 37766 .............. Fort Worth, TX 76135 ............. Farmindale, NY 11735 ............ Rialto, CA 92376 .................... McClellan, CA 95652 .............. Frankfort, IL 60423 ................. New Castle, PA 16105 ........... Mandeville, LA 70471 ............. Las Vegas, NV 89115 ............ 434586 435931 456818 2432196 530262 029329 1671438 1929883 526749 548303 1610728 Inman, KS 67546 .................... Belle Plaine, MN 56011 .......... Loveland, OH 45140 ............... Liverpool, TX 77577 ............... Carrier, OK 73727 .................. 1139643 523981 0483686 1324580 1421047 25. Martin & Ware Inc. dba Pyro City Maine & Central Maine Pyrotechnics. 26. Melrose Pyrotechnics, Inc .................................................. 27. Precocious Pyrotechnics, Inc ............................................. 28. * Pyro Shows, Inc ............................................................... 29. Pyro Shows of Texas, Inc .................................................. 30. * Pyro Engineering Inc., dba/Bay Fireworks ....................... 31. Pyro Spectaculars, Inc ........................................................ 32. Pyro Spectaculars North, Inc .............................................. 33. Pyrotechnic Display, Inc ..................................................... 34. Pyrotecnico (S. Vitale Pyrotechnic Industries, Inc.) ........... 35. Pyrotecnico, LLC ................................................................ 36. Pyrotecnico FX ................................................................... 37. 38. 39. 40. 41. Rainbow Fireworks, Inc ...................................................... RES Specialty Pyrotechnics ............................................... Rozzi’s Famous Fireworks, Inc .......................................... * Sky Wonder Pyrotechnics, LLC ........................................ Skyworks, Ltd ..................................................................... VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1 DOT No. 43705 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices APPENDIX TO NOTICE OF APPLICATION FOR APPROVAL OF MOTOR CARRIERS TO UTILIZE AMERICAN PYROTECHNICS ASSOCIATION’S (APA) EXEMPTION FROM THE 14-HOUR RULE DURING 2016 INDEPENDENCE DAY CELEBRATIONS—Continued Motor carrier 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. Street address Sorgi American Fireworks Michigan, LLC .......................... Spielbauer Fireworks Co, Inc ............................................. Spirit of 76 .......................................................................... Starfire Corporation ............................................................ Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc. Western Display Fireworks, Ltd .......................................... Western Enterprises, Inc .................................................... Wolverine Fireworks Display, Inc ....................................... Young Explosives Corp ...................................................... Zambelli Fireworks MFG, Co., Inc ...................................... City, state, zip code DOT No. 935 Wales Ridge Rd .............. 220 Roselawn Blvd ................. 6401 West Hwy 40 ................. 682 Cole Road ........................ 2235 Vermont Route 14 South 10946 S. New Era Rd ............ P.O. Box 160 .......................... 205 W Seidlers ....................... P.O. Box 18653 ...................... P.O. Box 1463 ........................ Wales, MI 48027 ..................... Green Bay, WI 54301 ............. Columbia, MO 65202 .............. Carrolltown, PA 15722 ............ East Montpelier, VT 05651 ..... Canby, OR 97013 ................... Carrier, OK 73727 .................. Kawkawlin, MI ......................... Rochester, NY 14618 ............. New Castle, PA 16103 ........... 2475727 046479 2138948 554645 310632 498941 203517 376857 450304 033167 * Not included in 2015 list of approved carriers. [FR Doc. 2016–15797 Filed 6–29–16; 4:15 pm] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Fourth Allocation of Public Transportation Emergency Relief Funds in Response to Hurricane Sandy Federal Transit Administration (FTA), DOT. ACTION: Notice. AGENCY: The Federal Transit Administration (FTA) announces the allocation of $834,612,566 through the Public Transportation Emergency Relief Program (Emergency Relief Program, Catalogue of Federal Domestic Assistance #20.527) for recovery projects to three FTA recipients with estimated damages that exceed the amounts of funding previously made available: The Metropolitan Transportation Authority of New York, the New Jersey Transit Corporation, and the Port Authority of New York and New Jersey. Funds allocated in this notice are in addition to funds allocated on March 29, 2013 (78 FR 19357), May 29, 2013 (78 FR 32296), and November 5, 2014 (79 FR 65762), and brings the total amount of Hurricane Sandy Emergency Relief funds allocated by FTA to date to $10.088 billion. Of that amount, $5,196,184,125 has been allocated for emergency response, recovery, and rebuilding projects and $4,891,883,625 has been allocated for resilience projects, which are designed to protect transit systems in the Hurricane Sandy disaster area from damages associated with future storms. With this notice, FTA has now fully allocated all of the funding made available under the Disaster Relief Appropriations Act of 2013 (Appropriations Act, Pub. L. 113–2). sradovich on DSK3GDR082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:27 Jul 01, 2016 Jkt 238001 FTA is allocating funds consistent with the requirements of the Appropriations Act, the FTA Emergency Relief Program 49 U.S.C. 5324, the Final Rule for the Emergency Relief Program, 49 CFR part 602, published in the Federal Register on October 7, 2014 (78 FR 23806), and all previously announced FTA policies and procedures for Hurricane Sandy Emergency Relief funding. In addition, this notice establishes a procedure for recipients to request the reallocation of funding previously allocated for resilience projects to fund eligible disaster recovery expenses in excess of the total amount of funding available from previous allocations, insurance payments, and the expected local cost share. Funds reallocated under this procedure must be used for disaster recovery expenses or be returned to FTA upon completion of the recovery effort. Reallocation requests are subject to the terms and conditions specified in this notice and must be approved by FTA. Unless specifically revised by this notice, all previously published program policies and requirements associated with Hurricane Sandy recovery and rebuilding funding remain in effect. FOR FURTHER INFORMATION CONTACT: Contact the appropriate FTA Regional Office found at http://www.fta.dot.gov for application-specific information and other assistance needed in preparing an FTA grant application. For programspecific questions, please contact Adam Schildge, Office of Program Management, 1200 New Jersey Ave. SE., Washington, DC 20590, phone: (202) 366–0778, or email, Adam.Schildge@dot.gov. For legal questions, contact Helen Serassio, Office of Chief Counsel, same address, phone: (202) 366–1974, or email, Helen.Serassio@dot.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 Table of Contents I. Allocation of Hurricane Sandy Recovery Funding II. Procedure for Reallocation of Resilience Funds for Disaster Recovery III. Award Administration I. Allocation of Hurricane Sandy Recovery Funding The FTA Emergency Relief (ER) Program provides FTA with the authority to reimburse emergency response and recovery costs for public transportation systems, including costs for projects to protect systems in danger of future damage (resilience projects), after an emergency or major disaster. The Disaster Relief Appropriations Act provides $10.9 billion for FTA’s Emergency Relief Program for recovery, relief, and resilience efforts in areas affected by Hurricane Sandy. However, as a result of the Balanced Budget and Emergency Deficit Control Act of 2011 (Pub. L. 112–25) for fiscal year (FY) 2013, approximately five percent, or almost $545 million of the $10.9 billion, was subject to sequestration and is unavailable for Hurricane Sandy disaster relief, leaving approximately $10.349 billion available. In addition, $185 million was transferred to the Federal Railroad Administration (FRA) leaving a balance of $10.164 billion. FTA has allocated the available funding in multiple tiers for emergency response, recovery and rebuilding, locally-prioritized resilience projects, competitively selected resilience projects, and through direct transfers to other DOT offices. Purpose of allocation Response, Recovery and Rebuilding (including $834 million in this notice) ............. Locally-Prioritized Resilience .......................... E:\FR\FM\05JYN1.SGM 05JYN1 Amount allocated $5,196,184,125 1,300,000,000

Agencies

[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43701-43705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15797]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]


Hours of Service (HOS) of Drivers; American Pyrotechnics 
Association (APA); Granting of Exemption From the 14-Hour Rule

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces the granting of an exemption for 51 member 
companies of the American Pyrotechnics Association (APA) from the 
hours-of-service (HOS) regulation prohibiting drivers of commercial 
motor vehicles (CMVs) from driving after the 14th hour after coming on 
duty. Fifty-one APA members currently hold such exemptions. APA 
requests discontinuance of the exemption for 4 carriers, and new 
exemptions for 4 carriers, with the total therefore remaining at 51. 
The ``Fixing America's Surface Transportation Act'' (FAST Act) extended 
the HOS exemptions in effect on the date of enactment of that Act to 5 
years from the date of issuance. Because the FAST Act also authorized 
new exemptions for a period of up to 5 years, the Agency grants 4-year 
exemptions to 4 additional fireworks companies, ensuring that all 51 
exemptions will terminate on July 8, 2020. FMCSA has determined that 
the terms and conditions of the exemption ensure a level of safety 
equivalent to, or greater than, the level of safety achieved without 
the exemption.

DATES: These exemptions from 49 CFR 395.3(a)(2) are effective from June 
28 through July 8, at 11:59 p.m. local time, each year through 2020.

ADDRESSES: 
    Docket: For access to the docket to read background documents or 
comments, 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 Docket Management System 
(FDMS) is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments

[[Page 43702]]

from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, 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. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2007-28043'' in the ``Keyword'' box and 
click ``Search.'' Next, click ``Open Docket Folder'' button and choose 
the document listed to review. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption, and 
explain its terms and conditions. The exemption may be renewed (49 CFR 
381.300(b)).
    Section 5206(a)(3) of the FAST Act amended 49 U.S.C. 31315 to 
permit FMCSA to grant exemptions for up to 5 years from the date of 
issuance, instead of the previous two years [section 31315(b)(2)]. This 
statutory provision will be codified in 49 CFR part 381 in a 
forthcoming rulemaking. Section 5206(b)(2)(A) of the FAST Act also 
extended all HOS exemptions in effect on the date of enactment to a 
period of 5 years from the date of issuance. FMCSA announced the 
extension of the HOS fireworks exemption in a Federal Register notice 
published on May 9, 2016 [81 FR 28115].

III. APA Application for Exemption

    The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a 
property-carrying CMV from driving after the 14th hour after coming on 
duty following 10 consecutive hours off duty. The APA, a trade 
association representing the domestic fireworks industry, was granted 
an exemption for 51 member companies for the 2015 and 2016 Independence 
Day periods [80 FR 37040, June 29, 2015]. APA has requested new 
exemptions for four carriers and discontinuance of the exemptions for 
four carriers,\1\ maintaining the total at 51. As mentioned above, the 
51 exemptions granted to APA members in 2015 (now reduced to 47 
exemptions) were extended, pursuant to section 5206(b)(2)(A) of the 
FAST Act, through the annual Independence Day periods ending on July 8, 
2020. The exemptions for the 4 new APA carriers will also expire on 
July 8, 2020. Although this is less than the 5-year exemption period 
authorized by 49 U.S.C. 31315(b)(2), as amended by section 5206(a)(3) 
of the FAST Act, FMCSA believes that the interests of the APA members 
and the Agency would best be served by harmonizing, as far as possible, 
the expiration dates of all such fireworks-related exemptions. It 
should also be noted that section 5206(b)(2)(A) of the FAST Act extends 
HOS exemptions in effect on the date of enactment ``for a period of 5 
years from the date such exemption was granted'' (emphasis added). 
FMCSA believes that the intent of the statute was to extend the 
effective period of an exemption from 2 to 5 years, on the assumption 
that exemptions begin upon issuance and remain in effect (in most 
cases) for 2 consecutive years. Since the 2015 fireworks exemption 
involved 2 separate periods, both ending after ``the date such 
exemption was granted,'' the Agency believes the FAST Act amendment is 
best interpreted as extending the end date of the fireworks exemption--
namely July 8 of each year--through 2020. Like the other 47 APA 
companies that operated under the 2015 exemption, the 4 additional 
companies would be subject to all of the terms and conditions of the 
exemption.
---------------------------------------------------------------------------

    \1\ Colonial Fireworks, DOT 177274; Fireworks West 
Internationale, DOT 245423; USA Halloween Planet Inc. dba USA 
Fireworks, DOT 725457; Western Fireworks Inc., DOT 838585.
---------------------------------------------------------------------------

    The original APA application for relief from the 14-hour rule was 
submitted in 2004; a copy is in the docket. That application fully 
describes the nature of the pyrotechnic operations of the CMV drivers 
during a typical Independence Day period.
    As stated in the 2004 request, the CMV drivers employed by APA 
members 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 exemption for an additional 
four member companies because compliance with the current 14-hour rule 
in 49 CFR 395.3(a)(2) would impose a substantial economic hardship on 
numerous cities, towns and municipalities, as well as its member 
companies. To meet the demand for fireworks without the exemption, APA 
states that its member companies 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 47 APA member companies currently exempt, as well as the four 
carriers seeking an exemption for the first time, are listed in an 
appendix to this notice. The four new carriers are identified with an 
asterisk. A copy of the request for the exemption is included in the 
docket referenced at the beginning of this notice.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    The APA believes that the new exemptions would not adversely affect 
the safety of the fireworks transportation

[[Page 43703]]

provided by these motor carriers. According to APA, its member-
companies have operated under this exemption for 10 previous 
Independence Day periods without a reported motor carrier safety 
incident. Moreover, it asserts, without the extra 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 unused fireworks (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 five business days of any accident (as defined in 49 CFR 
390.5) involving the operation of any of 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 asserted that the operational demands 
of this unique industry minimize the risks of CMV crashes. In the last 
few days before July 4, 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 drivers of property-carrying CMVs.

V. Public Comments

    On May 9, 2016, FMCSA published notice of this application and 
requested public comments (81 FR 28115). Two comments were submitted, 
both opposing the exemption. The first was from an individual who 
objected to the exemption in principle, stating ``I find it 
hypocritical of the FMCSA to consider exemptions to the hours of 
service regulations for any special interests.'' The second comment, 
from the Advocates for Highway and Auto Safety (Advocates), listed 
objections to 19 of the 51 carriers. Of these 19, two were among the 
four carriers proposed to be added to this exemption. In most cases, 
Advocates pointed out the carrier had out-of-service (OOS) rates well 
above the national averages. Advocates also described violations that 
were found during roadside inspections of the carriers. Further, they 
asserted that FMCSA had not conducted thorough safety-record checks of 
the carriers because the OOS rates and inspection violations were not 
mentioned in the May 9, 2016, Federal Register notice (81 FR 28115).

FMCSA Response

    Section 5206(b)(2)(A) of the FAST Act extended HOS exemptions in 
effect on the date of enactment ``for a period of 5 years from the date 
such exemption was granted.'' Therefore, the exemptions of the 47 
carriers that were included in the previous exemption period have been 
statutorily extended until July 8, 2020 [81 FR 28115].
    Prior to the time exemption applications are announced in the 
Federal Register, FMCSA checks basic elements of safety records for any 
factors that would disqualify the carrier, such as being under an 
Imminent Hazard Order. Other elements of the safety records are checked 
during the comment period of the notice. The information provided by 
Advocates for each carrier was also identified by FMCSA during the 
comment period and has been considered in this final determination for 
the four new applicant-carriers.
    With regard to safety statistics, none of the 51 carriers granted 
exemptions in 2015 (which were extended by the FAST Act) or the 4 
carriers proposed for exemption in 2016, was under an OOS or Imminent 
Hazard Order, had any alerts in the Safety Management System (SMS), or 
was under investigation by the Pipeline and Hazardous Materials Safety 
Administration. All had ``satisfactory'' safety ratings based on 
compliance reviews, and all had valid Hazardous Materials Safety 
Permits. A few ``acute critical'' violations attributed to 3 of the 
carriers occurred months after the Independence Day holiday, when the 
carriers were not operating under the exemption. Because of the small 
numbers of inspections on record for most of these carriers, the OOS 
rates cited by Advocates do not constitute a statistically reliable 
basis for a comparison with national averages. For example, a carrier 
having only three inspections, one of which included a driver OOS 
violation, would have a driver OOS rate of 33% compared to the national 
average of approximately 5%. Under those circumstances, FMCSA would not 
consider the apparent high OOS rate to be particularly significant.
    Carrier Pyrotecnico LLC, USDOT 548303, was identified as not having 
a valid registration with FMCSA. However, investigation of the 
carrier's MCS-150B registration documents indicated that the carrier's 
officials had mistakenly used the same USDOT number when intending to 
apply for new registration of a different carrier. The carrier is 
reportedly undertaking a correction of the records. The Agency 
considers Pyrotecnico LLC, USDOT 526749, to be registered and included 
in the exemptions extended by the FAST Act.
    In light of the above, FMCSA believes that the fireworks carriers 
previously granted HOS exemptions remain likely, as before, to achieve 
a level of safety equivalent to or greater than the level that 
compliance with the 14-hour rule would ensure. Similarly, the Agency 
has concluded that the 4 APA members applying for the same HOS 
exemption would likely meet the same standard and has decided to grant 
them a 4-year exemption from the 14-hour rule.

VI. Terms and Conditions of the Exemption

Period of the Exemption

    The exemption from 49 CFR 395.3(a)(2) is effective from June 28 
through July 8, at 11:59 p.m. local time, each year through 2020 for 
the 51 carriers identified in this notice.

Terms and Conditions of the Exemption

    The exemptions from 49 CFR 395.3(a)(2) will be limited to drivers 
employed by the 47 motor carriers already covered by the exemption, and 
drivers employed by 4 motor carriers that were not included for the 
2015 period. The four carriers are identified by an asterisk in the 
appendix table of this notice. Section 395.3(a)(2) 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 may exclude off-duty and sleeper-berth time 
of any length from the calculation of the 14-hour limit. This exemption 
is 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 exception. 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. Drivers operating under the exemption must carry a copy 
of this Federal Register notice or equivalent signed letter from FMCSA, 
and provide it to enforcement officers upon request. The carriers and 
drivers must comply with all other applicable requirements of the 
Federal Motor Carrier Safety

[[Page 43704]]

Regulations (49 CFR parts 350-399) and Hazardous Materials Regulations 
(49 CFR parts 105-180).
Preemption
    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

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 their CMVs while under this exemption. The 
notification must include the following information:
    a. Name of the exemption: ``APA,''
    b. Date of the accident,
    c. City or town, and State, in which the accident occurred, or 
which is closest to the scene of the accident,
    d. Driver's name and driver's license number,
    e. Vehicle number and State license number,
    f. Number of individuals suffering physical injury,
    g. Number of fatalities,
    h. The police-reported cause of the accident,
    i. Whether the driver was cited for violation of any traffic laws, 
or motor carrier safety regulations, and
    j. 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 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 are 
subject to FMCSA monitoring while operating under this exemption.

    Issued on: June 27, 2016.
T.F. Scott Darling, III,
Acting Administrator.

 Appendix to Notice of Application for Approval of Motor Carriers To Utilize American Pyrotechnics Association's
                 (APA) Exemption From the 14-Hour Rule During 2016 Independence Day Celebrations
----------------------------------------------------------------------------------------------------------------
              Motor carrier                     Street address           City, state, zip code        DOT No.
----------------------------------------------------------------------------------------------------------------
1. American Fireworks Company...........  7041 Darrow Road..........  Hudson, OH 44236..........          103972
2. American Fireworks Display, LLC......  P.O. Box 980..............  Oxford, NY 13830..........         2115608
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 PyroVision Entertainment Group,  136 Old Sharon Rd.........  Jaffrey, NH 03452.........          789777
 Inc.
6. Central States Fireworks, Inc........  18034 Kincaid Street......  Athens, IL 62613..........         1022659
7. East Coast Pyrotechnics, Inc.........  4652 Catawba River Rd.....  Catawba, SC 29704.........          545033
8. Entertainment Fireworks, Inc.........  13313 Reeder Road SW......  Tenino, WA 98589..........          680942
9. Falcon Fireworks.....................  3411 Courthouse Road......  Guyton, GA 31312..........         1037954
10. Fireworks & Stage FX America........  12650 Hwy 67S. Suite B....  Lakeside, CA 92040........          908304
11. Fireworks by Grucci, Inc............  20 Pinehurst Drive........  Bellport, NY 11713........          324490
12. * Flashing Thunder Fireworks dba      700 E Van Buren Street....  Mitchell, IA 50461........          420413
 Legal Aluminum King Mtg.
13. J&J Computing dba Fireworks           174 Route 17 North........  Rochelle Park, NJ 07662...         2064141
 Extravaganza.
14. Gateway Fireworks Displays..........  P.O. Box 39327............  St Louis, MO 63139........         1325301
15. Great Lakes Fireworks...............  24805 Marine..............  Eastpointe, MI 48021......         1011216
16. Hamburg Fireworks Display, Inc......  2240 Horns Mill Road SE...  Lancaster, OH.............          395079
17. Hawaii Explosives & Pyrotechnics,     17-7850 N. Kulani Road....  Mountain View, HI 96771...         1375918
 Inc.
18. Hollywood Pyrotechnics, Inc.........  1567 Antler Point.........  Eagan, MN 55122...........         1061068
19. Homeland Fireworks, Inc.............  P.O. Box 7................  Jamieson, OR 97909........         1377525
20. Island Fireworks Co., Inc...........  N1597 County Rd VV........  Hager City, WI 54014......          414583
21. J&M Displays, Inc...................  18064 170th Ave...........  Yarmouth, IA 52660........          377461
22. Lantis Fireworks, Inc...............  130 Sodrac Dr., Box 229...  N. Sioux City, SD 57049...          534052
23. Legion Fireworks Co., Inc...........  10 Legion Lane............  Wappingers Falls, NY 12590          554391
24. Miand Inc. dba Planet Productions     P.O. Box 294, 3999 Hupp     Kingsbury, IN 46345.......          777176
 (Mad Bomber).                             Road.
25. Martin & Ware Inc. dba Pyro City      P.P. Box 322..............  Hallowell, ME 04347.......          734974
 Maine & Central Maine Pyrotechnics.
26. Melrose Pyrotechnics, Inc...........  1 Kinsgubury Industrial     Kingsbury, IN 46345.......          434586
                                           Park.
27. Precocious Pyrotechnics, Inc........  4420-278th Ave NW.........  Belgrade, MN 56312........          435931
28. * Pyro Shows, Inc...................  115 N 1st Street..........  LaFollette, TN 37766......          456818
29. Pyro Shows of Texas, Inc............  6601 9 Mile Azle Rd.......  Fort Worth, TX 76135......         2432196
30. * Pyro Engineering Inc., dba/Bay      400 Broadhollow Rd. Ste #3  Farmindale, NY 11735......          530262
 Fireworks.
31. Pyro Spectaculars, 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. * Sky Wonder Pyrotechnics, LLC......  3626 CR 203...............  Liverpool, TX 77577.......         1324580
41. Skyworks, Ltd.......................  13513 W. Carrier Rd.......  Carrier, OK 73727.........         1421047

[[Page 43705]]

 
42. Sorgi American Fireworks Michigan,    935 Wales Ridge Rd........  Wales, MI 48027...........         2475727
 LLC.
43. Spielbauer Fireworks Co, Inc........  220 Roselawn Blvd.........  Green Bay, WI 54301.......          046479
44. Spirit of 76........................  6401 West Hwy 40..........  Columbia, MO 65202........         2138948
45. Starfire Corporation................  682 Cole Road.............  Carrolltown, PA 15722.....          554645
46. Vermont Fireworks Co., Inc./          2235 Vermont Route 14       East Montpelier, VT 05651.          310632
 Northstar Fireworks Co., Inc..            South.
47. Western Display Fireworks, Ltd......  10946 S. New Era Rd.......  Canby, OR 97013...........          498941
48. Western Enterprises, Inc............  P.O. Box 160..............  Carrier, OK 73727.........          203517
49. Wolverine Fireworks Display, Inc....  205 W Seidlers............  Kawkawlin, MI.............          376857
50. Young Explosives Corp...............  P.O. Box 18653............  Rochester, NY 14618.......          450304
51. Zambelli Fireworks MFG, Co., Inc....  P.O. Box 1463.............  New Castle, PA 16103......          033167
----------------------------------------------------------------------------------------------------------------
* Not included in 2015 list of approved carriers.

[FR Doc. 2016-15797 Filed 6-29-16; 4:15 pm]
 BILLING CODE 4910-EX-P