Hours of Service of Drivers: Application for Renewal of Exemptions From the 14-Hour Rule During Independence Day Celebrations for Illumination Fireworks, LLC and ACE Pyro, LLC, 43699-43701 [2016-15798]
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
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4351]; Federal-Aid Highway Act [23
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7671(q)].
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Protection Policy Act [7 U.S.C. 4201–
4209].
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Issued on: June 23, 2016.
Todd D. Jorgensen,
Division Administrator.
[FR Doc. 2016–15685 Filed 7–1–16; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
sradovich on DSK3GDR082PROD with NOTICES
Federal Motor Carrier Safety
Administration
Sunshine Act Meetings; Unified Carrier
Registration Plan Board of Directors
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Unified Carrier
Registration Plan Board of Directors
Meeting.
AGENCY:
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The meeting will be
held on July 14, 2016, from 12:00 Noon
to 3:00 p.m., Eastern Daylight Time.
PLACE: This meeting will be open to the
public via conference call. Any
interested person may call 1–877–422–
1931, passcode 2855443940, to listen
and participate in this meeting.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: The
Unified Carrier Registration Plan Board
of Directors (the Board) will continue its
work in developing and implementing
the Unified Carrier Registration Plan
and Agreement and to that end, may
consider matters properly before the
Board.
FOR FURTHER INFORMATION CONTACT: Mr.
Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at
(505) 827–4565.
TIME AND DATE:
Issued on: June 27, 2016.
Larry W. Minor,
Associate Administrator, Office of Policy,
Federal Motor Carrier Safety Administration.
[FR Doc. 2016–15933 Filed 6–30–16; 11:15 am]
BILLING CODE 4910–EX–P
43699
to, or greater than, the level of safety
achieved without the exemptions.
DATES: These exemptions are effective
during the periods of June 28 through
July 8, 2016 through 2020.
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 FDMS is available
24 hours each day, 365 days each year
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
granting of renewal.
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–2014–0111’’
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.
FMCSA announces its
decision to grant exemption renewals to
Illumination Fireworks, LLC and ACE
Pyro, LLC (the applicants) from the
prohibition on driving commercial
motor vehicles (CMVs) after the 14th
hour after coming on duty. The
applicants requested the exemption
renewals for the period of June 28–July
8, for the next 5 years (2016–2020
inclusive). The applicants were
previously granted exemptions during
the Independence Day periods of 2014
and 2015. The 5-year renewals will
cover the drivers of approximately 50
CMVs employed by the applicants to
stage fireworks shows celebrating
Independence Day. The Agency has
determined that the terms and
conditions of the limited exemptions
will ensure a level of safety equivalent
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 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).
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0111]
Hours of Service of Drivers:
Application for Renewal of Exemptions
From the 14-Hour Rule During
Independence Day Celebrations for
Illumination Fireworks, LLC and ACE
Pyro, LLC
AGENCY:
SUMMARY:
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
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)).
sradovich on DSK3GDR082PROD with NOTICES
III. Application for Exemptions
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. The applicants represent two
fireworks display companies that were
previously granted exemptions during
the Independence Day periods of June
28–July 8, 2014 and 2015. The
applicants’ initial exemption
application for relief from the 14-hour
rule, submitted in 2014 and in docket
FMCSA–2014–0111, fully describes the
CMV operations of fireworks companies
during the extended July 4 holiday.
The applicants requested a renewal of
their exemptions for the period of June
28–July 8, for the next 5 years (2016–
2020 inclusive). Section 5206(a)(2) of
the ‘‘Fixing America’s Surface
Transportation Act’’ (FAST Act) [Pub. L.
114–94, 129 Stat. 1312, Dec. 4, 2015]
amended 49 U.S.C. 31315(b) to permit
exemptions for no longer than 5 years
from their dates of inception.
As stated in the applicants’ request,
their CMV drivers hold commercial
driver’s licenses (CDLs) with hazardous
materials endorsements and transport
Division 1.3G and 1.4G fireworks to set
up fireworks shows for Independence
Day. The applicants state that
compliance with the 14-hour rule would
impose economic hardship on cities,
municipalities, and themselves because
two drivers would be required,
significantly increasing the cost of the
fireworks display.
The applicants assert that without the
extra duty-period provided by the
exemption, safety would decline as
firework drivers would be unable to
return to their home base following each
show, should they have unused
fireworks after the display. They would
be forced to park the CMVs carrying
Division 1.3G and 1.4G products in
areas less secure than the motor carrier’s
home base.
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IV. Method To Ensure an Equivalent or
Greater Level of Safety
As a condition for maintaining the
exemption, each motor carrier would be
required to notify FMCSA within 5
business days of any crash (as defined
in 49 CFR 390.5) involving the
operation of any CMVs under this
exemption. The applicants advise they
have never been involved in a crash.
In the exemption request, the
applicants assert that the operational
demands of this unique industry
minimize the risks of CMV crashes. In
the last few days before the
Independence Day holiday, these
drivers transport fireworks over
relatively short routes from distribution
points to the site of the fireworks
display and normally do so in the early
morning when traffic is light. The
applicants noted that during the 2015
Independence Day season, the farthest
Illumination Fireworks traveled from its
home base was 150 miles. At the site,
drivers spend considerable time
installing, wiring, and checking the
safety of fireworks, followed by several
hours of duty in the late afternoon and
early evening prior to the event. Before
beginning another duty day, these
drivers must take 10 consecutive hours
off duty, the same as other CMV drivers.
V. Public Comments
On March 16, 2016, FMCSA
published notice of this application, and
asked for public comment (81 FR
14208). One comment was received;
Advocates for Highway and Auto Safety
(Advocates) opposed the exemption.
Advocates said it ‘‘objects to the
granting of the present exemption on the
same policy and safety grounds detailed
in prior comments regarding similar
applications for exemption filed by the
American Pyrotechnics Association and
the original application filed by the
applicants.’’ Advocates pointed out that
Illumination Fireworks’ out-of-service
(OOS) rate for vehicles was 61 percent
above the national average; for drivers
more than 5 times the national average;
and for hazardous materials nearly 6.5
times the national average. It also noted
that Illumination Fireworks was cited
for three violations on June 28, 2014, the
first day of the previous exemption; two
of the violations resulted in OOS orders.
Similarly, Advocates described ACE
Pyro’s vehicle OOS rate as double the
national average and its driver OOS rate
as more than 3.5 times the national
average. Advocates stated that, ‘‘Motor
carriers of hazardous materials with less
than exemplary safety records, such as
these petitioners, should not be granted
an exemption from the federal safety
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and hours of service requirements that
have been specifically adopted to ensure
operating safety on our public roads and
highways.’’
All comments are available for review
in the docket for this notice.
VI. FMCSA Response to Public
Comments and Agency Decision
The Agency comprehensively
investigates the safety history of each
applicant during the review process.
Prior to publishing a Federal Register
notice announcing the receipt of an
exemption request, FMCSA ensures that
the motor carriers involved have a
current USDOT registration, Hazardous
Materials Safety Permit (if required),
minimum required levels of insurance,
and are not subject to any ‘‘imminent
hazard’’ or other OOS orders. The rating
of the carrier in the Agency’s Safety
Management System (SMS) is
considered. FMCSA has reviewed these
safety records, including inspection and
accident reports, for the applicants. The
Agency also requested and received a
records review of each carrier from the
Pipeline and Hazardous Materials Safety
Administration (PHMSA). None of these
records reflected decisive negative
information about the applicants’ safety
performance or status. Each applicant
has a ‘‘satisfactory’’ safety rating.
The OOS records of Illumination
Fireworks and ACE Pyro, as described
by the Advocates, are not representative
of the safety record of these carriers.
Because of the small numbers of
inspections on record for the applicants,
the OOS rates are not a valid basis for
comparison with industry-wide
averages. For example, a carrier having
only three inspections, with one of
those including a driver OOS violation,
would have a driver OOS rate of 33%
compared to the National average for
inspected drivers of approximately 5%.
Under those circumstances, FMCSA
would not consider the apparently high
OOS rate to be particularly significant.
The June 28, 2014 inspection of
Illumination cited by Advocates
occurred nearly 2 years ago. The OOS
violations included a problem with the
hazardous materials (HM) shipping
papers and a driver with an improper
class of CDL. Although serious, neither
of these violations posed an imminent
hazard since one was a paperwork
violation and the driver cited for the
other held a CDL with a hazardous
materials endorsement. FMCSA
considers 2 years of data when
evaluating safety records. This
inspection will no longer be within the
2-year period by the time this year’s
exemption period begins.
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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.
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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
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17:27 Jul 01, 2016
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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
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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:
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]]>Agencies
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43699-43701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15798]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0111]
Hours of Service of Drivers: Application for Renewal of
Exemptions From the 14-Hour Rule During Independence Day Celebrations
for Illumination Fireworks, LLC and ACE Pyro, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; granting of renewal.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant exemption renewals to
Illumination Fireworks, LLC and ACE Pyro, LLC (the applicants) from the
prohibition on driving commercial motor vehicles (CMVs) after the 14th
hour after coming on duty. The applicants requested the exemption
renewals for the period of June 28-July 8, for the next 5 years (2016-
2020 inclusive). The applicants were previously granted exemptions
during the Independence Day periods of 2014 and 2015. The 5-year
renewals will cover the drivers of approximately 50 CMVs employed by
the applicants to stage fireworks shows celebrating Independence Day.
The Agency has determined that the terms and conditions of the limited
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 periods of June 28
through July 8, 2016 through 2020.
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 FDMS is available 24 hours each
day, 365 days each year
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-2014-0111'' 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 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).
[[Page 43700]]
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)).
III. Application for Exemptions
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. The
applicants represent two fireworks display companies that were
previously granted exemptions during the Independence Day periods of
June 28-July 8, 2014 and 2015. The applicants' initial exemption
application for relief from the 14-hour rule, submitted in 2014 and in
docket FMCSA-2014-0111, fully describes the CMV operations of fireworks
companies during the extended July 4 holiday.
The applicants requested a renewal of their exemptions for the
period of June 28-July 8, for the next 5 years (2016-2020 inclusive).
Section 5206(a)(2) of the ``Fixing America's Surface Transportation
Act'' (FAST Act) [Pub. L. 114-94, 129 Stat. 1312, Dec. 4, 2015] amended
49 U.S.C. 31315(b) to permit exemptions for no longer than 5 years from
their dates of inception.
As stated in the applicants' request, their CMV drivers hold
commercial driver's licenses (CDLs) with hazardous materials
endorsements and transport Division 1.3G and 1.4G fireworks to set up
fireworks shows for Independence Day. The applicants state that
compliance with the 14-hour rule would impose economic hardship on
cities, municipalities, and themselves because two drivers would be
required, significantly increasing the cost of the fireworks display.
The applicants assert that without the extra duty-period provided
by the exemption, safety would decline as firework drivers would be
unable to return to their home base following each show, should they
have unused fireworks after the display. They would be forced to park
the CMVs carrying Division 1.3G and 1.4G products in areas less secure
than the motor carrier's home base.
IV. Method To Ensure an Equivalent or Greater Level of Safety
As a condition for maintaining the exemption, each motor carrier
would be required to notify FMCSA within 5 business days of any crash
(as defined in 49 CFR 390.5) involving the operation of any CMVs under
this exemption. The applicants advise they have never been involved in
a crash.
In the exemption request, the applicants assert that the
operational demands of this unique industry minimize the risks of CMV
crashes. In the last few days before the Independence Day holiday,
these drivers transport fireworks over relatively short routes from
distribution points to the site of the fireworks display and normally
do so in the early morning when traffic is light. The applicants noted
that during the 2015 Independence Day season, the farthest Illumination
Fireworks traveled from its home base was 150 miles. At the site,
drivers spend considerable time installing, wiring, and checking the
safety of fireworks, followed by several hours of duty in the late
afternoon and early evening prior to the event. Before beginning
another duty day, these drivers must take 10 consecutive hours off
duty, the same as other CMV drivers.
V. Public Comments
On March 16, 2016, FMCSA published notice of this application, and
asked for public comment (81 FR 14208). One comment was received;
Advocates for Highway and Auto Safety (Advocates) opposed the
exemption.
Advocates said it ``objects to the granting of the present
exemption on the same policy and safety grounds detailed in prior
comments regarding similar applications for exemption filed by the
American Pyrotechnics Association and the original application filed by
the applicants.'' Advocates pointed out that Illumination Fireworks'
out-of-service (OOS) rate for vehicles was 61 percent above the
national average; for drivers more than 5 times the national average;
and for hazardous materials nearly 6.5 times the national average. It
also noted that Illumination Fireworks was cited for three violations
on June 28, 2014, the first day of the previous exemption; two of the
violations resulted in OOS orders. Similarly, Advocates described ACE
Pyro's vehicle OOS rate as double the national average and its driver
OOS rate as more than 3.5 times the national average. Advocates stated
that, ``Motor carriers of hazardous materials with less than exemplary
safety records, such as these petitioners, should not be granted an
exemption from the federal safety and hours of service requirements
that have been specifically adopted to ensure operating safety on our
public roads and highways.''
All comments are available for review in the docket for this
notice.
VI. FMCSA Response to Public Comments and Agency Decision
The Agency comprehensively investigates the safety history of each
applicant during the review process. Prior to publishing a Federal
Register notice announcing the receipt of an exemption request, FMCSA
ensures that the motor carriers involved have a current USDOT
registration, Hazardous Materials Safety Permit (if required), minimum
required levels of insurance, and are not subject to any ``imminent
hazard'' or other OOS orders. The rating of the carrier in the Agency's
Safety Management System (SMS) is considered. FMCSA has reviewed these
safety records, including inspection and accident reports, for the
applicants. The Agency also requested and received a records review of
each carrier from the Pipeline and Hazardous Materials Safety
Administration (PHMSA). None of these records reflected decisive
negative information about the applicants' safety performance or
status. Each applicant has a ``satisfactory'' safety rating.
The OOS records of Illumination Fireworks and ACE Pyro, as
described by the Advocates, are not representative of the safety record
of these carriers. Because of the small numbers of inspections on
record for the applicants, the OOS rates are not a valid basis for
comparison with industry-wide averages. For example, a carrier having
only three inspections, with one of those including a driver OOS
violation, would have a driver OOS rate of 33% compared to the National
average for inspected drivers of approximately 5%. Under those
circumstances, FMCSA would not consider the apparently high OOS rate to
be particularly significant.
The June 28, 2014 inspection of Illumination cited by Advocates
occurred nearly 2 years ago. The OOS violations included a problem with
the hazardous materials (HM) shipping papers and a driver with an
improper class of CDL. Although serious, neither of these violations
posed an imminent hazard since one was a paperwork violation and the
driver cited for the other held a CDL with a hazardous materials
endorsement. FMCSA considers 2 years of data when evaluating safety
records. This inspection will no longer be within the 2-year period by
the time this year's exemption period begins.
[[Page 43701]]
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.
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 off-duty
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 sleeper-berth 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 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.
Preemption
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
