Hours of Service (HOS) of Drivers; American Pyrotechnics Assn. (APA) Application for Exemption From the 14-Hour Rule; Request To Add New Member to Current APA Exemption, 31683-31686 [2017-14262]

Download as PDF Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES CFR 390.5 and as well as in section 390.5T while in effect). Background Title 49 of the Code of Federal Regulations, section 390.15(b), requires motor carriers to make certain specified records and information pertaining to CMV accidents available to an authorized representative or special agent of the FMCSA upon request or as part of an inquiry. Motor carriers are required to maintain an ‘‘accident register’’ consisting of information concerning all ‘‘accidents’’ involving their CMVs (49 CFR 390.15(b)(see ‘‘Definition: Accident,’’ above). The following information must be recorded for each accident: Date, location, driver name, number of injuries, number of fatalities, and whether certain dangerous hazardous materials were released. In addition, the motor carrier must maintain copies of all accident reports required by insurers or governmental entities. Motor carriers must maintain this information for three years after the date of the accident. Section 390.15 does not require motor carriers to submit any information or records to FMCSA or any other party. This ICR supports the DOT strategic goal of safety. By requiring motor carriers to gather and record information concerning CMV accidents, FMCSA is strengthening its ability to assess the safety performance of motor carriers. This information is a valuable resource in Agency initiatives to prevent, and reduce the severity of, CMV crashes. The Agency increases its burden estimate from 26,700 to 36,157 hours. The regulatory requirement has not changed for accident recordkeeping. The increase is due to two revised estimates: (1) The population of motor carriers subject to the regulation, from 520,000 to 886,122, and (2) the number of reportable accidents, from 89,000 to 120,522. The Agency has amended the population of motor carriers to include the accident recordkeeping burden of intrastate motor carriers. In past estimates, the Agency had taken the position that the accident recordkeeping of intrastate carriers occurred as a result of State law. However, the OMB has directed FMCSA to include such intrastate activities in its IC estimates, so we do so in this burden estimate statement for the first time. The Agency estimates that 886,122 motor carriers are subject to accident register requirements (508,367 interstate and 377,755 intrastate motor carriers). The Agency further estimates that the number of accidents that must be reported by intrastate or interstate motor carriers is 120,522. VerDate Sep<11>2014 22:55 Jul 06, 2017 Jkt 241001 The Agency received no comments to the 60-day Federal Register notice published on March 22, 2017 (82 FR 14793). Public Comments Invited FMCSA requests that you comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for FMCSA to perform its functions, (2) the accuracy of the estimated burden, (3) ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information, and (4) ways that the burden could be minimized without reducing the quality of the collected information. Issued under the authority delegated in 49 CFR 1.87 on: June 28, 2017. G. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2017–14272 Filed 7–6–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–28043] Hours of Service (HOS) of Drivers; American Pyrotechnics Assn. (APA) Application for Exemption From the 14-Hour Rule; Request To Add New Member to Current APA Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to grant an exemption to the American Pyrotechnics Association’s (APA) new member-company, Pyro Shows of Alabama, Inc., from the prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty. During the 2016 Independence Day period 51 APA members held such an exemption, effective during the period June 28 through July 8 each year through 2020. APA advised FMCSA of the discontinuance of the exemption for one carrier; with the addition of the new member the total remains at 51. The exemption granted to Pyro Shows of Alabama, Inc. will terminate at the same time as the other 50 exempted carriers. 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 SUMMARY: PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 31683 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 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: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614–942–6477. 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 E:\FR\FM\07JYN1.SGM 07JYN1 31684 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES 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 (up to 5 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). APA Application for Exemption The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a propertycarrying CMV from driving a commercial motor vehicle (CMV) 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 exemptions for 51 member companies through the annual Independence Day periods ending on July 8, 2020 [81 FR 43701, July 5, 2016]. APA has requested an additional exemption for Pyro Shows of Alabama Inc. (USDOT 2859710) and the discontinuance of an exemption for Pyrotechnico, LLC, also known as Wild Dragon Fireworks (USDOT 548303), maintaining the total at 51. Like the other carriers currently operating under the exemption, Pyro Shows of Alabama’s exemption 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. Like the other 50 member-companies, this additional member company would be subject to all of the terms and conditions of the exemption. The initial APA application for relief from the 14-hour rule was submitted in 2004; a copy is in the docket. That application fully described the nature of VerDate Sep<11>2014 20:56 Jul 06, 2017 Jkt 241001 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 member companies are trained pyro-technicians who hold commercial driver’s licenses (CDLs) with hazardous materials (HM) endorsements. They transport fireworks and related equipment by CMVs on a very demanding schedule during a brief Independence Day period, often to remote locations. After they arrive, the drivers are responsible for set-up and staging of the fireworks shows. The APA states that it is seeking an additional exemption for Pyro Shows of Alabama, Inc. 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 exemptions, 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 50 APA member companies currently exempt (as well as Pyro Shows of Alabama, seeking an exemption for the first time) are listed in an appendix to this notice. Pyro Shows of Alabama is identified with an asterisk. A copy of the request for the exemption is included in the docket referenced at the beginning of this notice. Method To Ensure an Equivalent or Greater Level of Safety The APA believes that the exemption would not adversely affect the safety of the fireworks transportation provided by this motor carrier. 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 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 will be required to notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5) involving the operation of any its CMVs while under this exemption. To date, FMCSA has PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 received no accident notifications, nor is the Agency aware of any accidents reportable under terms of the prior APA exemptions. In its exemption request, APA asserts that the operational demands of this unique industry minimize the risks of CMV crashes. In the last few days before 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 safetychecking the fireworks displays, followed by several hours off duty in the late afternoon and early evening prior to the event. During this time, the drivers are able to rest and nap, thereby reducing or eliminating the fatigue accumulated during the day. Before beginning another duty day, these drivers must take 10 consecutive hours off duty, the same as other CMV drivers. Public Comments On May 15, 2017, FMCSA published notice of this application and requested public comments (82 FR 22375). One comment was submitted by an individual who objected to the exemption, stating ‘‘Thank you. I am dead set against this especially with one of the last lines of this article, stating it would mean having to hire 2 drivers. Point being? Hire a second driver and quit it.’’ FMCSA Response FMCSA has determined that granting an exemption to Pyro Shows of Alabama, Inc. will achieve a level of safety equivalent to or greater than the level that compliance with the 14-hour rule would ensure. Prior to publishing the Federal Register notice announcing the receipt of APA’s application to add Pyro Shows of Alabama to the current list of carriers operating under the exemption, FMCSA ensured that the motor carrier possessed an active USDOT registration, minimum required levels of insurance, and was not subject to any ‘‘imminent hazard’’ or other outof-service (OOS) orders. The Agency conducted a comprehensive investigation of the safety performance history on each of the motor carriers listed in the appendix table during the review process. As part of this process, FMCSA reviewed its Motor Carrier Management Information System safety records, including inspection and accident reports submitted to FMCSA by State agencies. With regard to safety statistics, none of the carriers, including Pyro Shows of Alabama, was under an imminent E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices hazard or OOS 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. 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 50 motor carriers already covered by the exemption, and drivers employed by Pyro Shows of Alabama, which is 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 is further contingent on each driver having a full 10 consecutive hours off duty following 14 hours on duty prior to beginning a new driving period. The carriers and drivers must comply with all other requirements of the Federal Motor Carrier Safety Regulations (49 CFR parts 350–399) and Hazardous Materials Regulations (49 CFR parts 105–180). Preemption 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 are 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 be by email to MCPSD@DOT.GOV and 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 State, number, and class, e. Co-Driver’s name and driver’s license State, number, and class, f. Vehicle company number and power unit license plate State and number, 31685 g. Number of individuals suffering physical injury, h. Number of fatalities, i. The police-reported cause of the accident, j. Whether the driver was cited for violation of any traffic laws, or motor carrier safety regulations, and k. The total driving time and the total on-duty time of the CMV driver at the time of the accident. In addition, if there are any injuries or fatalities, the carrier must forward the police accident report to MCPSD@ DOT.GOV as soon as available. 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 would be subject to FMCSA monitoring while operating under this exemption. Issued on: June 29, 2017. Randi F. Hutchinson, Chief Counsel. Appendix to Notice of Application for Approval of Motor Carriers To Utilize American Pyrotechnics Association’s (APA) Exemption From the 14-Hour Rule During 2017 Independence Day Celebrations asabaliauskas on DSKBBXCHB2PROD with NOTICES Motor carrier 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) .......... 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 R31. 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 VerDate Sep<11>2014 20:56 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1 DOT No. 31686 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices Motor carrier Street address City, state, zip code 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 Alabama, Inc ........................................... 30 Pyro Shows of Texas, Inc ................................................. 31 Pyro Engineering Inc., dba/Bay Fireworks ....................... 32 Pyro Spectaculars, Inc ...................................................... 33 Pyro Spectaculars North, Inc ............................................ 34 Pyrotechnic Display, Inc ................................................... 35 Pyrotecnico (S. Vitale Pyrotechnic Industries, Inc.) ......... 36 Pyrotecnico FX .................................................................. P.P. Box 322 ........................... Hallowell, ME 04347 ............... 734974 1 Kinsgubury Industrial Park .. 4420–278th Ave NW .............. 115 N 1st Street ..................... 3325 Poplar Lane ................... 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 ........................ 6965 Speedway Blvd. Suite 115. 76 Plum Ave ........................... 21595 286th St ....................... 11605 North Lebanon Rd ....... 3626 CR 203 .......................... 13513 W. Carrier Rd .............. 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 ........................ Kingsbury, IN 46345 ............... Belgrade, MN 56312 ............... LaFollette, TN 37766 .............. Adamsville, AL 35005 ............. Fort Worth, TX 76135 ............. Farmindale, NY 11735 ............ Rialto, CA 92376 .................... McClellan, CA 95652 .............. Frankfort, IL 60423 ................. New Castle, PA 16105 ........... Las Vegas, NV 89115 ............ 434586 435931 456818 2859710 2432196 530262 029329 1671438 1929883 526749 1610728 Inman, KS 67546 .................... Belle Plaine, MN 56011 .......... Loveland, OH 45140 ............... Liverpool, TX 77577 ............... Carrier, OK 73727 .................. 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 ........... 1139643 523981 0483686 1324580 1421047 2475727 046479 2138948 554645 310632 498941 203517 376857 450304 033167 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Rainbow Fireworks, Inc .................................................... RES Specialty Pyrotechnics ............................................. Rozzi’s Famous Fireworks, Inc ......................................... Sky Wonder Pyrotechnics, LLC ........................................ Skyworks, Ltd .................................................................... 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 .................................... DOT No. * Not included in 2016 list of approved carriers. [FR Doc. 2017–14262 Filed 7–3–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network Agency Information Collection Activities; Comment Request; Renewal Without Change of Bank Secrecy Act Recordkeeping Requirements Financial Crimes Enforcement Network (‘‘FinCEN’’), U.S. Department of the Treasury. ACTION: Notice and request for comments. AGENCY: FinCEN, a bureau of the U.S. Department of the Treasury (‘‘Treasury’’), invites all interested parties to comment on its proposed renewal without change of the Bank Secrecy Act (‘‘BSA’’) recordkeeping requirements addressed in this notice. FinCEN intends to submit these requirements for approval by the Office of Management and Budget (‘‘OMB’’) of a three-year extension of Control Numbers 1506–0050 through 1506– 0059. This request for comments is made pursuant to the Paperwork Reduction Act (‘‘PRA’’) of 1995. In addition, FinCEN is seeking comment on 31 CFR 1010.430, the nature of records and retention period, which is not subject to the PRA because there is asabaliauskas on DSKBBXCHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:55 Jul 06, 2017 Jkt 241001 no information collection associated with it.1 DATES: Written comments should be received on or before September 5, 2017 to be assured of consideration. ADDRESSES: Comments may be submitted by any of the following methods: • Federal E-rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Refer to Docket Number FINCEN–2017– 0008 and the specific OMB control number the comment applies to. • Mail: Policy Division, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183. Refer to Docket Number FINCEN–2017–0008 and the specific OMB control number. Please submit comments by one method only. All comments submitted in response to this notice will become a matter of public record. Therefore, you should submit only information that you wish to make publicly available. FOR FURTHER INFORMATION CONTACT: The FinCEN Resource Center at 800–767– 2825 or electronically at frc@fincen.gov. SUPPLEMENTARY INFORMATION: The BSA, Titles I and II of Public Law 91–508, as 1 This section applies to all the BSA recordkeeping rules; it imposes a 5-year record retention period for all BSA recordkeeping rules and includes a brief discussion of how to make the records. This paragraph is not subject to the PRA because it only deals with the retention timeperiod. PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 amended, codified at 12 U.S.C. 1829(b), 12 U.S.C. 1951–1959, and 31 U.S.C. et seq., authorizes the Secretary of the Treasury, inter alia, to issue regulations requiring records and reports that are determined to have a high degree of usefulness in criminal, tax and regulatory matters. Title III of the USA PATRIOT Act of 2001, Pub. L. 107–56, included certain amendments to the anti-money laundering provisions of Title II of the BSA, 31 U.S.C. 5311 et seq., which are intended to aid in the prevention, detection and prosecution of international money laundering and terrorist financing. Regulations implementing Title II of the BSA appear at 31 CFR Chapter X. The authority of the Secretary of the Treasury to administer Title II of the BSA has been delegated to the Director of FinCEN. The information collected and retained under the regulation addressed in this notice assists Federal, state, and local law enforcement as well as regulatory authorities in the identification, investigation, and prosecution of money laundering and other matters. In accordance with the requirements of the PRA, 44 U.S.C. 3506(c)(2)(A), and its implementing regulations, the following information is presented concerning the recordkeeping requirements listed below. Title: BSA Recordkeeping Requirements. E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31683-31686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14262]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]


Hours of Service (HOS) of Drivers; American Pyrotechnics Assn. 
(APA) Application for Exemption From the 14-Hour Rule; Request To Add 
New Member to Current APA Exemption

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to grant an exemption to the 
American Pyrotechnics Association's (APA) new member-company, Pyro 
Shows of Alabama, Inc., from the prohibition on driving commercial 
motor vehicles (CMVs) after the 14th hour after the driver comes on 
duty. During the 2016 Independence Day period 51 APA members held such 
an exemption, effective during the period June 28 through July 8 each 
year through 2020. APA advised FMCSA of the discontinuance of the 
exemption for one carrier; with the addition of the new member the 
total remains at 51. The exemption granted to Pyro Shows of Alabama, 
Inc. will terminate at the same time as the other 50 exempted carriers. 
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 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: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 614-942-6477. 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

[[Page 31684]]

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 (up 
to 5 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).
APA Application for Exemption
    The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a 
property-carrying CMV from driving a commercial motor vehicle (CMV) 
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 exemptions for 51 member companies 
through the annual Independence Day periods ending on July 8, 2020 [81 
FR 43701, July 5, 2016]. APA has requested an additional exemption for 
Pyro Shows of Alabama Inc. (USDOT 2859710) and the discontinuance of an 
exemption for Pyrotechnico, LLC, also known as Wild Dragon Fireworks 
(USDOT 548303), maintaining the total at 51. Like the other carriers 
currently operating under the exemption, Pyro Shows of Alabama's 
exemption 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. Like the other 50 member-companies, this 
additional member company would be subject to all of the terms and 
conditions of the exemption.
    The initial APA application for relief from the 14-hour rule was 
submitted in 2004; a copy is in the docket. That application fully 
described 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 
member companies are trained pyro-technicians who hold commercial 
driver's licenses (CDLs) with hazardous materials (HM) endorsements. 
They transport fireworks and related equipment by CMVs on a very 
demanding schedule during a brief Independence Day period, often to 
remote locations. After they arrive, the drivers are responsible for 
set-up and staging of the fireworks shows.
    The APA states that it is seeking an additional exemption for Pyro 
Shows of Alabama, Inc. 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 exemptions, 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 50 APA member companies currently exempt (as well as Pyro 
Shows of Alabama, seeking an exemption for the first time) are listed 
in an appendix to this notice. Pyro Shows of Alabama is identified with 
an asterisk. A copy of the request for the exemption is included in the 
docket referenced at the beginning of this notice.
Method To Ensure an Equivalent or Greater Level of Safety
    The APA believes that the exemption would not adversely affect the 
safety of the fireworks transportation provided by this motor carrier. 
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 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 will be required 
to notify FMCSA within 5 business days of any accident (as defined in 
49 CFR 390.5) involving the operation of any its CMVs while under this 
exemption. To date, FMCSA has received no accident notifications, nor 
is the Agency aware of any accidents reportable under terms of the 
prior APA exemptions.
    In its exemption request, APA asserts that the operational demands 
of this unique industry minimize the risks of CMV crashes. In the last 
few days before 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 CMV drivers.
Public Comments
    On May 15, 2017, FMCSA published notice of this application and 
requested public comments (82 FR 22375). One comment was submitted by 
an individual who objected to the exemption, stating ``Thank you. I am 
dead set against this especially with one of the last lines of this 
article, stating it would mean having to hire 2 drivers. Point being? 
Hire a second driver and quit it.''
FMCSA Response
    FMCSA has determined that granting an exemption to Pyro Shows of 
Alabama, Inc. will achieve a level of safety equivalent to or greater 
than the level that compliance with the 14-hour rule would ensure. 
Prior to publishing the Federal Register notice announcing the receipt 
of APA's application to add Pyro Shows of Alabama to the current list 
of carriers operating under the exemption, FMCSA ensured that the motor 
carrier possessed an active USDOT registration, minimum required levels 
of insurance, and was not subject to any ``imminent hazard'' or other 
out-of-service (OOS) orders. The Agency conducted a comprehensive 
investigation of the safety performance history on each of the motor 
carriers listed in the appendix table during the review process. As 
part of this process, FMCSA reviewed its Motor Carrier Management 
Information System safety records, including inspection and accident 
reports submitted to FMCSA by State agencies.
    With regard to safety statistics, none of the carriers, including 
Pyro Shows of Alabama, was under an imminent

[[Page 31685]]

hazard or OOS 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.
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 50 motor carriers already covered by the exemption, and 
drivers employed by Pyro Shows of Alabama, which is 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 is further contingent on each driver having a full 10 
consecutive hours off duty following 14 hours on duty prior to 
beginning a new driving period. The carriers and drivers must comply 
with all other requirements of the Federal Motor Carrier Safety 
Regulations (49 CFR parts 350-399) and Hazardous Materials Regulations 
(49 CFR parts 105-180).
Preemption
    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 are 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 be by email to MCPSD@DOT.GOV and 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 State, number, and class,
    e. Co-Driver's name and driver's license State, number, and class,
    f. Vehicle company number and power unit license plate State and 
number,
    g. Number of individuals suffering physical injury,
    h. Number of fatalities,
    i. The police-reported cause of the accident,
    j. Whether the driver was cited for violation of any traffic laws, 
or motor carrier safety regulations, and
    k. The total driving time and the total on-duty time of the CMV 
driver at the time of the accident.
    In addition, if there are any injuries or fatalities, the carrier 
must forward the police accident report to MCPSD@DOT.GOV as soon as 
available.
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 would be 
subject to FMCSA monitoring while operating under this exemption.

    Issued on: June 29, 2017.
Randi F. Hutchinson,
Chief Counsel.

Appendix to Notice of Application for Approval of Motor Carriers To 
Utilize American Pyrotechnics Association's (APA) Exemption From the 
14-Hour Rule During 2017 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      136 Old Sharon Rd......  Jaffrey, NH 03452.....  789777
 Group, 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       2064141
 Extravaganza.                                                  07662.
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       1375918
 Inc.                                                           96771.
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       534052
                                                                57049.
23 Legion Fireworks Co., Inc........  10 Legion Lane.........  Wappingers Falls, NY    554391
                                                                12590.
24 Miand Inc. dba Planet Productions  P.O. Box 294, 3999 Hupp  Kingsbury, IN 46345...  777176
 (Mad Bomber).                         Road R31.

[[Page 31686]]

 
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 Alabama, Inc......  3325 Poplar Lane.......  Adamsville, AL 35005..  2859710
30 Pyro Shows of Texas, Inc.........  6601 9 Mile Azle Rd....  Fort Worth, TX 76135..  2432196
31 Pyro Engineering Inc., dba/Bay     400 Broadhollow Rd. Ste  Farmindale, NY 11735..  530262
 Fireworks.                            #3.
32 Pyro Spectaculars, Inc...........  3196 N Locust Ave......  Rialto, CA 92376......  029329
33 Pyro Spectaculars North, Inc.....  5301 Lang Avenue.......  McClellan, CA 95652...  1671438
34 Pyrotechnic Display, Inc.........  8450 W. St. Francis Rd.  Frankfort, IL 60423...  1929883
35 Pyrotecnico (S. Vitale             302 Wilson Rd..........  New Castle, PA 16105..  526749
 Pyrotechnic Industries, Inc.).
36 Pyrotecnico FX...................  6965 Speedway Blvd.      Las Vegas, NV 89115...  1610728
                                       Suite 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
42 Sorgi American Fireworks           935 Wales Ridge Rd.....  Wales, MI 48027.......  2475727
 Michigan, 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     310632
 Northstar Fireworks Co., Inc.         South.                   05651.
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 2016 list of approved carriers.






[FR Doc. 2017-14262 Filed 7-3-17; 8:45 am]
BILLING CODE 4910-EX-P