[Federal Register: May 30, 2007 (Volume 72, Number 103)]
[Notices]
[Page 30047-30049]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my07-135]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-28090]
Hours of Service (HOS) of Drivers; American Pyrotechnics
Association (APA) Application for an Exemption From the 14-Hour Rule
During Independence Day Celebrations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on the American Pyrotechnics Association's
[[Page 30048]]
(APA) application for an exemption from the prohibition against driving
a commercial motor vehicle (CMV) after the 14th hour of coming on duty.
The exemption for nine motor carriers would be applicable for a period
beginning 7 days prior to, and 2 days immediately following
Independence Day in 2007 and 2008. Fireworks personnel who operate CMVs
in conjunction with fireworks shows celebrating Independence Day would
be allowed to exclude off-duty and sleeper-berth time of any length in
the calculation of the 14 hours. Drivers would not be allowed to drive
after accumulating a total of 14 hours of on-duty time, following 10
consecutive hours off duty, and would continue to be subject to the 11-
hour driving time limit, and the 60- and 70-hour weekly limits. APA
believes the exemption would achieve a level of safety equivalent to
what would be provided by compliance with the 14-hour rule as it
applies to other drivers of property-carrying vehicles.
DATES: Comments must be received on or before June 14, 2007.
ADDRESSES: You may submit comments to the DOT Docket Management System
(DMS), referencing Docket Number FMCSA-2007-28090, using any of the
following methods:
Web Site: http://dmses.dot.gov. Follow the instructions
for submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Ave. SE., Washington, DC
20590.
Hand Delivery: Room W12-140, Ground Floor of West
Building, U.S. Department of Transportation, 1200 New Jersey Ave. SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Instructions: All submissions must include the Agency name and
docket number for this notice. Note that all comments received will be
posted without change to http://dms.dot.gov, including any personal
information provided. Please see the Privacy Act heading for further
information.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or Room W12-
140, Ground Floor of West Building, U.S. Department of Transportation,
1200 New Jersey Ave., SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The DMS is
available 24 hours each day, 365 days each year. If you want us to
notify you 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: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review the Department of Transportation's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477; Apr. 11, 2000). This statement is also available at
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 1200
New Jersey Ave., SE., Washington, DC 20590-0001. Telephone: 202-366-
4009. E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, June 9, 1998, 112 Stat. 107) amended 49 U.S.C. 31315
and 31136(e) to provide authority to the Federal Motor Carrier Safety
Administration (FMCSA) to grant exemptions from the motor carrier
safety regulations. The FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The FMCSA must
provide the public with an opportunity to inspect the information
relevant to the application, including any safety analyses that have
been conducted, and it must provide an opportunity for public comment
on the request.
The FMCSA reviews the safety analyses and the public comments and
determines whether granting the exemption would 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 FMCSA's decision must
be published in the Federal Register (49 CFR 381.315(b)). If FMCSA
denies the application, it must state the reason for doing so. If FMCSA
grants the exemption, the notice must specify the person or class of
persons receiving the exemption and the regulatory provision or
provisions from which exemption is being granted. The notice must also
specify the effective period of the exemption (up to 2 years) and
explain the terms and conditions of the exemption.
Application for an Exemption
The American Pyrotechnics Association (APA) has requested an
exemption for nine member companies from FMCSA's prohibition against
drivers of property-carrying CMVs operating such vehicles after the
14th hour of coming on duty (49 CFR 395.3(a)(2)). Fireworks personnel
covered by the exemption would be allowed to exclude off-duty and
sleeper-berth time of any length from the calculation of the 14-hour
rule. Drivers would not be allowed to drive after the accumulation of
14 hours of on-duty time following 10 consecutive hours off duty. This
exemption would be applicable to approximately 100 new drivers employed
by the motor carriers identified in the appendix to this notice. A copy
of the application is included in the docket referenced at the
beginning of this notice.
On July 1, 2005, FMCSA published a notice in the Federal Register
granting a similar exemption to APA for 72 member companies. The
original exemption expired on July 7, 2006, and APA has requested a
renewal for those original companies. That application for renewal is
being evaluated separately by FMCSA, and notice of it is published
elsewhere in today's edition of the Federal Register.
APA, a trade association representing the domestic fireworks
industry, asserts that full compliance with the current hours-of-
service (HOS) regulations during the brief period surrounding
Independence Day imposes a substantial economic hardship on its members
that operate fireworks for the public. This period is the busiest time
of the year for these companies. APA members are engaged to stage
multiple shows in celebration of Independence Day, during a compressed
timeframe.
The member-company drivers that would be covered by the exemption
are trained pyrotechnicians, each holding a commercial driver's license
with a hazardous materials (HM) endorsement. These drivers transport
fireworks and equipment to remote locations under demanding schedules.
During the week before Independence Day, these companies are engaged to
stage multiple shows in a very compressed period of time. To meet the
press of business in this 1-week period under the current
[[Page 30049]]
HOS rules, companies would be required to hire a second driver for most
trips. This would result in a substantial increase in the cost of these
shows, and as a result, many shows would be cancelled. Alternatively,
APA members would be forced to significantly decrease their
engagements. In either case, these companies would have to decrease the
number of shows they provide, thereby denying many Americans a primary
component of their Independence Day celebration.
Method To Ensure an Equivalent or Greater Level of Safety
APA believes that the exemption will not adversely affect the
safety of the motor carrier transportation provided by their member
companies. Many APA member companies operated under the prior exemption
for two years with no reports of incidents of any kind. Moreover,
according to the APA, the exemption will enhance safety by decreasing
the number of CMVs stationed with HM Division 1.3 and 1.4 products
aboard at locations throughout the country. Under the exemption, CMVs
will be able to return to their home base, which is a secured area for
these types of products.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comments on APA's application for an exemption from the
requirements of 49 CFR 395.3(a)(2) for these nine companies. FMCSA will
consider all comments received by close of business on June 14, 2007.
Comments will be available for examination in the docket listed at the
beginning of this notice. The FMCSA will file comments received after
the comment closing date in the public docket and will consider them to
extent practicable. In addition to late comments, FMCSA will also
continue to file in the public docket other relevant information that
becomes available after the comment closing date. Interested persons
should monitor the public docket for new material.
Issued on: May 23, 2007.
Larry W. Minor,
Acting Associate Administrator, Policy and Program Development.
Appendix to Notice of Application for Exemption by American
Pyrotechnics Association From the 14-Hour Rule During 2007 and 2008
Independence Day Celebrations
Apa Members To Be Covered by Exemption From 14 Hour Rule in Hours of Service for Drivers Regulation
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Company name Address City, State, ZIP DOT No.
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Alpha-Lee Enterprises, Inc...... 4111 FM 2351............ Friendswood, TX 1324580
77546.
American Fireworks Company...... 7041 Darrow Road........ Hudson, OH 44236.. 103972
Cartwright Fireworks, Inc....... 1608 Keely Road......... Franklin, PA 16323 882283
Entertainment Fireworks, Inc.... P.O. Box 7160........... Olympia, WA 98507- 680942
7160.
Fireworks Productions of 17034 S. 54th Street.... Chandler, AZ 85226 948780
Arizona, Ltd.
Great Lakes Fireworks........... 24805 Marine............ Eastpointe, MI 1011216
48021.
Rainbow Fireworks, Inc.......... 76 Plum Ave............. Inman, KS 67546... 1139643
Skyworks, Ltd................... 13513 W. Carrier Road... Carrier, OK 73727. 1421047
Stellar Fireworks, Inc.......... 4440 Southeast Blvd..... Wichita, KS 67210. 1349562
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[FR Doc. E7-10275 Filed 5-29-07; 8:45 am]
BILLING CODE 4910-EX-P