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]
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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.
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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:
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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
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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
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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
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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
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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
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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
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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:
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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: https://
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]
-----------------------------------------------------------------------
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