80_FR_37017 80 FR 36894 - Hours of Service of Drivers: Renewal of Illumination Fireworks, LLC and ACE Pyro, LLC Exemptions From the 14-Hour Rule During Independence Day Celebrations

80 FR 36894 - Hours of Service of Drivers: Renewal of Illumination Fireworks, LLC and ACE Pyro, LLC Exemptions From the 14-Hour Rule During Independence Day Celebrations

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 123 (June 26, 2015)

Page Range36894-36896
FR Document2015-15723

FMCSA announces its decision to grant exemptions to Illumination Fireworks, LLC and ACE Pyro, LLC (the applicants) from the requirement that drivers of commercial motor vehicles (CMVs) must not drive a CMV following the 14th hour after coming on duty. The FMCSA renews the exemptions for drivers of approximately 50 CMVs employed by the applicants in conjunction with staging fireworks shows celebrating Independence Day during the period June 28-July 8, 2015, inclusive. During this period, the CMV drivers employed by the applicants will be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14 hours. These drivers will not be allowed to drive after accumulating a total of 14 hours of on-duty time, following 10 consecutive hours off duty, and will continue to be subject to the 11-hour driving time limit, and the 60- and 70-hour on-duty limits. The Agency has determined that the terms and conditions of the limited 1- year exemptions will ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemptions.

Federal Register, Volume 80 Issue 123 (Friday, June 26, 2015)
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Notices]
[Pages 36894-36896]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15723]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0111]


Hours of Service of Drivers: Renewal of Illumination Fireworks, 
LLC and ACE Pyro, LLC Exemptions From the 14-Hour Rule During 
Independence Day Celebrations

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

ACTION: Notice of final disposition; grant of applications for 
exemptions.

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

SUMMARY: FMCSA announces its decision to grant exemptions to 
Illumination Fireworks, LLC and ACE Pyro, LLC (the applicants) from the 
requirement that drivers of commercial motor vehicles (CMVs) must not 
drive a CMV following the 14th hour after coming on duty. The FMCSA 
renews the exemptions for drivers of approximately 50 CMVs employed by 
the applicants in conjunction with staging fireworks shows celebrating 
Independence Day during the period June 28-July 8, 2015, inclusive. 
During this period, the CMV drivers employed by the applicants will be 
allowed to exclude off-duty and sleeper-berth time of any length from 
the calculation of the 14 hours. These drivers will not be allowed to 
drive after accumulating a total of 14 hours of on-duty time, following 
10 consecutive hours off duty, and will continue to be subject to the 
11-hour driving time limit, and the 60- and 70-hour on-duty limits. The 
Agency has determined that the terms and conditions of the limited 1-
year exemptions will ensure a level of safety equivalent to, or greater 
than, the level of safety achieved without the exemptions.

DATES: These exemptions are effective during the period of June 28 
(12:01 a.m.) through July 8, 2015 (11:59 p.m.).

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325, Email: [email protected], 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, 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 document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION: 

Background

    The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a 
property-carrying CMV driver from driving a CMV after the 14th hour 
after coming on duty following 10 consecutive hours off duty. 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 (FMCSRs). 
FMCSA must publish a notice of each exemption request in the Federal 
Register (49 CFR 381.315(a)). The Agency must provide the public an 
opportunity to inspect the information relevant to the application, 
including any safety analyses that have been conducted. The Agency must 
also provide an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Request for Exemption

    The initial exemption application from Illumination Fireworks, LLC 
(USDOT 2326703) and ACE Pyro, LLC (USDOT 1352892) (the applicants) for 
relief from the HOS rule was submitted in 2014; a copy is in the 
docket. That document fully described the nature of operations 
encountered by CMV drivers employed by the applicants. On June 28, 
2014, the Agency granted the applicants' exemptions from the HOS 
regulation that prohibits drivers from operating property-carrying CMVs 
after the 14th hour after coming on duty. The exemption expired on July 
8, 2014.
    On October 14, 2014, FMCSA published notice of the applicants' 
renewal request (79 FR 61687). The applicants are fireworks display 
companies that employ CMV drivers who hold commercial driver's licenses 
(CDLs) with hazardous materials (HM) endorsements to transport Division 
1.3G and 1.4G explosives (fireworks) in conjunction with the setup of 
fireworks shows for Independence Day. The applicants seek exemptions 
from the 14-hour rule in 49 CFR 395.3(a)(2) so that drivers would be 
allowed to exclude off-duty and sleeper-berth time of any length from 
the calculation of the 14 hours. The applicants state they are seeking 
HOS exemptions for the 2015 Independence Day period because compliance 
with the 14-hour rule would impose economic hardship on cities, 
municipalities, and themselves. Complying with the existing regulations 
means most shows would require two drivers, significantly increasing 
the cost of the fireworks display.
    The applicants assert that without the extra duty-period provided 
by the exemption, safety would decline because fireworks drivers would 
be unable to return to their home base after each show should they have 
fireworks remaining after the display. They would be forced to park the 
CMVs carrying Division 1.3G and 1.4G explosives in areas less secure 
than the motor carriers' home base.

Method To Ensure an Equivalent or Greater Level of Safety

    As a condition for maintaining the exemptions, 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 CMVs under 
this exemption. The applicants advise they have never been in an 
accident.
    In the exemption request, the applicants asserted that the 
operational demands of this unique industry minimize the risks of CMV 
crashes. In the last few days before the Independence Day holiday, 
these drivers transport fireworks over relatively short routes from 
distribution points to the site of the fireworks display, and normally 
do so in the early morning when traffic is light. The applicants noted 
that during the 2014 Independence Day season, the furthest Illumination 
Fireworks or ACE Pyro CMVs traveled from their home bases was 150 
miles, which involves a very

[[Page 36895]]

small amount of driving. At the site, they spend considerable time 
installing, wiring, and safety-checking the fireworks displays, 
followed by several hours of 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.
    A copy of the application for the exemptions is available for 
review in the docket for this notice.

Public Comments

    Two comments were received in response to the October 14 notice. 
The Advocates for Highway and Auto Safety (Advocates) and Ms. Lisa 
Kupsey opposed the application.
    The Advocates said that ``its arguments against the granting of the 
present exemption are almost identical to those provided in prior 
comments regarding similar applications for exemption filed by the APA. 
Because the present application relies almost entirely upon the APA 
exemption application process as a foundation for its application, 
Advocates sees no need to restate the arguments in their entirety.''
    Ms. Kupsey commented
    ``Is this business that necessary that it has to allow its 
employees to be `exempt'? Probably not.''
    All comments are available for review in the docket for this 
notice.

FMCSA Response to Public Comments and Agency Decision

    Prior to publishing the Federal Register notice announcing the 
receipt of the applicants' exemption request, FMCSA ensured that the 
motor carriers involved have a current USDOT registration, Hazardous 
Materials Safety Permit, minimum required levels of insurance, and were 
not subject to any ``imminent hazard'' or other OOS orders. The Agency 
conducted a comprehensive investigation of the safety performance 
history of each applicant 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, for each applicant motor carrier. The Agency 
also requested and received a records review of each carrier from the 
Pipeline and Hazardous Materials Safety Administration (PHMSA).
    FMCSA reviewed the comments and concluded that the information 
provided by Ms. Kupsey did not address this notice.
    With regards to Advocates' suggestion that the applicants should 
have alternative means to comply with the HOS regulations without an 
exemption, FMCSA does not believe reasonable alternatives are 
necessarily available in many locations. Such alternatives would 
include locating additional drivers with CDLs and HM endorsements. This 
is difficult for part-time, holiday-specific work. CDL holders with HM 
endorsements are likely to be in high demand, given the Transportation 
Security Administration requirements for such drivers. And, as 
indicated in this notice and the application, potential alternatives 
could drive the cost of fireworks displays beyond the financial 
capabilities of many communities.
    The FMCSA has evaluated the application, the safety records of the 
companies to which the exemption would apply, and the comments. The 
Agency believes that the applicants will likely achieve a level of 
safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption [49 CFR 381.305(a)], and grants the 
requested exemptions covering the operations of the CMV drivers 
employed by the applicants.

Terms and Conditions of the Exemptions

Period of the Exemptions

    These exemptions are effective during the period of June 28 (12:01 
a.m.) through July 8, 2015 (11:59 p.m.).

Extent of the Exemptions

    The drivers employed by the applicants are provided an exemption 
from the requirements of 49 CFR 395.3(a)(2). This regulation prohibits 
a driver from driving a CMV after the 14th hour after coming on duty 
and does not permit off-duty periods to extend the 14-hour limit. 
Drivers covered by the exemptions may exclude off-duty and sleeper-
berth time of any length from the calculation of the 14-hour limit. The 
exemptions are 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 exemption. The exemptions 
are further contingent on each driver having a minimum of 10 
consecutive hours off duty prior to beginning a new duty period. The 
carriers and drivers must comply with all other applicable requirements 
of the FMCSRs (49 CFR parts 350-399) and Hazardous Materials 
Regulations (49 CFR parts 105-180).

Other Conditions

    The exemptions are contingent upon each carrier maintaining USDOT 
registration, a Hazardous Materials Safety Permit, minimum levels of 
public liability insurance, and not being subject to any ``imminent 
hazard'' or other out-of-service (OOS) order issued by FMCSA. Each 
driver covered by the exemptions must maintain a valid CDL with the 
required endorsements, not be subject to any OOS order or suspension of 
driving privileges, and meet all physical qualifications required by 49 
CFR part 391. Drivers operating under an exemption must carry a copy of 
the exemption document onboard the vehicle for review by any law 
enforcement officer.

Preemption

    During the period the exemptions are in effect, no State may 
enforce any law or regulation that conflicts with or is inconsistent 
with the exemptions with respect to a person or entity operating under 
the exemptions (49 U.S.C. 31315(d)).

FMCSA Accident Notification

    Exempt motor carriers must notify FMCSA by email to [email protected] 
within 5 business days of any accidents (as defined by 49 CFR 390.5) 
involving the operation of any of its CMVs while under this exemption. 
The notification must include the following information:
    a. Exemption Identifier: ``ILLUM/ACE''
    b. Name and USDOT number of the motor carrier,
    c. Date of the accident,
    d. City or town, and State, in which the accident occurred, or 
which is closest to the scene of the accident,
    e. Driver's name and driver's license number,
    f. Vehicle number and State license 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.

Termination

    The FMCSA does not believe the two motor carriers and approximately 
50 drivers covered by the exemptions will experience any deterioration 
of their

[[Page 36896]]

safety record. However, should this occur, FMCSA will take all steps 
necessary to protect the public interest, including revocation of the 
exemptions. The FMCSA will immediately revoke the exemptions for 
failure to comply with its terms and conditions.

    Issued on: June 8, 2015.
T. F. Scott Darling III,
Chief Counsel.
[FR Doc. 2015-15723 Filed 6-25-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                              36894                           Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices

                                                Issued under the authority delegated in 49               Docket: For access to the docket to                 applicants’ exemptions from the HOS
                                              CFR 1.87 on: June 19, 2015.                             read background documents or                           regulation that prohibits drivers from
                                              G. Kelly Regal,                                         comments submitted to notice                           operating property-carrying CMVs after
                                              Associate Administrator, Office of Research             requesting public comments on the                      the 14th hour after coming on duty. The
                                              and Information Technology.                             exemption application, go to                           exemption expired on July 8, 2014.
                                              [FR Doc. 2015–15722 Filed 6–25–15; 8:45 am]             www.regulations.gov at any time or visit                 On October 14, 2014, FMCSA
                                              BILLING CODE 4910–EX–P                                  Room W12–140 on the ground level of                    published notice of the applicants’
                                                                                                      the West Building, 1200 New Jersey                     renewal request (79 FR 61687). The
                                                                                                      Avenue SE., Washington, DC, between 9                  applicants are fireworks display
                                              DEPARTMENT OF TRANSPORTATION                            a.m. and 5 p.m., ET, Monday through                    companies that employ CMV drivers
                                                                                                      Friday, except Federal holidays. The on-               who hold commercial driver’s licenses
                                              Federal Motor Carrier Safety                            line Federal document management                       (CDLs) with hazardous materials (HM)
                                              Administration                                          system is available 24 hours each day,                 endorsements to transport Division 1.3G
                                              [Docket No. FMCSA–2014–0111]                            365 days each year. The docket number                  and 1.4G explosives (fireworks) in
                                                                                                      is listed at the beginning of this notice.             conjunction with the setup of fireworks
                                              Hours of Service of Drivers: Renewal                    SUPPLEMENTARY INFORMATION:                             shows for Independence Day. The
                                              of Illumination Fireworks, LLC and                                                                             applicants seek exemptions from the 14-
                                              ACE Pyro, LLC Exemptions From the                       Background                                             hour rule in 49 CFR 395.3(a)(2) so that
                                              14-Hour Rule During Independence                           The hours-of-service (HOS) rule in 49               drivers would be allowed to exclude off-
                                              Day Celebrations                                        CFR 395.3(a)(2) prohibits a property-                  duty and sleeper-berth time of any
                                                                                                      carrying CMV driver from driving a                     length from the calculation of the 14
                                              AGENCY:  Federal Motor Carrier Safety                                                                          hours. The applicants state they are
                                                                                                      CMV after the 14th hour after coming on
                                              Administration (FMCSA), DOT.                                                                                   seeking HOS exemptions for the 2015
                                                                                                      duty following 10 consecutive hours off
                                              ACTION: Notice of final disposition; grant              duty. FMCSA has authority under 49                     Independence Day period because
                                              of applications for exemptions.                         U.S.C. 31136(e) and 31315 to grant                     compliance with the 14-hour rule would
                                              SUMMARY:   FMCSA announces its                          exemptions from certain parts of the                   impose economic hardship on cities,
                                              decision to grant exemptions to                         Federal Motor Carrier Safety                           municipalities, and themselves.
                                              Illumination Fireworks, LLC and ACE                     Regulations (FMCSRs). FMCSA must                       Complying with the existing regulations
                                              Pyro, LLC (the applicants) from the                     publish a notice of each exemption                     means most shows would require two
                                              requirement that drivers of commercial                  request in the Federal Register (49 CFR                drivers, significantly increasing the cost
                                              motor vehicles (CMVs) must not drive a                  381.315(a)). The Agency must provide                   of the fireworks display.
                                              CMV following the 14th hour after                       the public an opportunity to inspect the                 The applicants assert that without the
                                              coming on duty. The FMCSA renews                        information relevant to the application,               extra duty-period provided by the
                                              the exemptions for drivers of                           including any safety analyses that have                exemption, safety would decline
                                              approximately 50 CMVs employed by                       been conducted. The Agency must also                   because fireworks drivers would be
                                              the applicants in conjunction with                      provide an opportunity for public                      unable to return to their home base after
                                              staging fireworks shows celebrating                     comment on the request.                                each show should they have fireworks
                                              Independence Day during the period                         The Agency reviews safety analyses                  remaining after the display. They would
                                              June 28–July 8, 2015, inclusive. During                 and public comments submitted, and                     be forced to park the CMVs carrying
                                              this period, the CMV drivers employed                   determines whether granting the                        Division 1.3G and 1.4G explosives in
                                              by the applicants will be allowed to                    exemption would likely achieve a level                 areas less secure than the motor carriers’
                                              exclude off-duty and sleeper-berth time                 of safety equivalent to, or greater than,              home base.
                                              of any length from the calculation of the               the level that would be achieved by the
                                                                                                                                                             Method To Ensure an Equivalent or
                                              14 hours. These drivers will not be                     current regulation (49 CFR 381.305).
                                                                                                                                                             Greater Level of Safety
                                              allowed to drive after accumulating a                   The decision of the Agency must be
                                                                                                      published in the Federal Register (49                     As a condition for maintaining the
                                              total of 14 hours of on-duty time,
                                                                                                      CFR 381.315(b)) with the reasons for                   exemptions, each motor carrier will be
                                              following 10 consecutive hours off duty,
                                                                                                      denying or granting the application and,               required to notify FMCSA within 5
                                              and will continue to be subject to the
                                                                                                      if granted, the name of the person or                  business days of any accident (as
                                              11-hour driving time limit, and the 60-
                                                                                                      class of persons receiving the                         defined in 49 CFR 390.5) involving the
                                              and 70-hour on-duty limits. The Agency
                                                                                                      exemption, and the regulatory provision                operation of any CMVs under this
                                              has determined that the terms and
                                                                                                      from which the exemption is granted.                   exemption. The applicants advise they
                                              conditions of the limited 1-year
                                                                                                      The notice must also specify the                       have never been in an accident.
                                              exemptions will ensure a level of safety                                                                          In the exemption request, the
                                              equivalent to, or greater than, the level               effective period and explain the terms
                                                                                                      and conditions of the exemption. The                   applicants asserted that the operational
                                              of safety achieved without the                                                                                 demands of this unique industry
                                              exemptions.                                             exemption may be renewed (49 CFR
                                                                                                      381.300(b)).                                           minimize the risks of CMV crashes. In
                                              DATES: These exemptions are effective                                                                          the last few days before the
                                              during the period of June 28 (12:01 a.m.)               Request for Exemption                                  Independence Day holiday, these
                                              through July 8, 2015 (11:59 p.m.).                         The initial exemption application                   drivers transport fireworks over
                                              FOR FURTHER INFORMATION CONTACT: Mrs.                   from Illumination Fireworks, LLC                       relatively short routes from distribution
                                              Pearlie Robinson, Driver and Carrier                    (USDOT 2326703) and ACE Pyro, LLC                      points to the site of the fireworks
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Operations Division; Office of Carrier,                 (USDOT 1352892) (the applicants) for                   display, and normally do so in the early
                                              Driver and Vehicle Safety Standards;                    relief from the HOS rule was submitted                 morning when traffic is light. The
                                              Telephone: 202–366–4325, Email:                         in 2014; a copy is in the docket. That                 applicants noted that during the 2014
                                              MCPSD@dot.gov, Federal Motor Carrier                    document fully described the nature of                 Independence Day season, the furthest
                                              Safety Administration, 1200 New Jersey                  operations encountered by CMV drivers                  Illumination Fireworks or ACE Pyro
                                              Avenue SE, Washington, DC 20590–                        employed by the applicants. On June 28,                CMVs traveled from their home bases
                                              0001.                                                   2014, the Agency granted the                           was 150 miles, which involves a very


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                                                                              Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices                                           36895

                                              small amount of driving. At the site,                      FMCSA reviewed the comments and                     parts 350–399) and Hazardous Materials
                                              they spend considerable time installing,                concluded that the information                         Regulations (49 CFR parts 105–180).
                                              wiring, and safety-checking the                         provided by Ms. Kupsey did not address
                                                                                                                                                             Other Conditions
                                              fireworks displays, followed by several                 this notice.
                                              hours of duty in the late afternoon and                    With regards to Advocates’ suggestion                  The exemptions are contingent upon
                                              early evening prior to the event. During                that the applicants should have                        each carrier maintaining USDOT
                                              this time, the drivers are able to rest and             alternative means to comply with the                   registration, a Hazardous Materials
                                              nap, thereby reducing or eliminating the                HOS regulations without an exemption,                  Safety Permit, minimum levels of public
                                              fatigue accumulated during the day.                     FMCSA does not believe reasonable                      liability insurance, and not being
                                              Before beginning another duty day,                      alternatives are necessarily available in              subject to any ‘‘imminent hazard’’ or
                                              these drivers must take 10 consecutive                  many locations. Such alternatives                      other out-of-service (OOS) order issued
                                              hours off duty, the same as other CMV                   would include locating additional                      by FMCSA. Each driver covered by the
                                              drivers.                                                drivers with CDLs and HM                               exemptions must maintain a valid CDL
                                                 A copy of the application for the                    endorsements. This is difficult for part-              with the required endorsements, not be
                                              exemptions is available for review in the               time, holiday-specific work. CDL                       subject to any OOS order or suspension
                                              docket for this notice.                                 holders with HM endorsements are                       of driving privileges, and meet all
                                                                                                      likely to be in high demand, given the                 physical qualifications required by 49
                                              Public Comments                                         Transportation Security Administration                 CFR part 391. Drivers operating under
                                                 Two comments were received in                        requirements for such drivers. And, as                 an exemption must carry a copy of the
                                              response to the October 14 notice. The                  indicated in this notice and the                       exemption document onboard the
                                              Advocates for Highway and Auto Safety                   application, potential alternatives could              vehicle for review by any law
                                              (Advocates) and Ms. Lisa Kupsey                         drive the cost of fireworks displays                   enforcement officer.
                                              opposed the application.                                beyond the financial capabilities of                   Preemption
                                                 The Advocates said that ‘‘its                        many communities.
                                              arguments against the granting of the                      The FMCSA has evaluated the                           During the period the exemptions are
                                              present exemption are almost identical                  application, the safety records of the                 in effect, no State may enforce any law
                                              to those provided in prior comments                     companies to which the exemption                       or regulation that conflicts with or is
                                              regarding similar applications for                      would apply, and the comments. The                     inconsistent with the exemptions with
                                              exemption filed by the APA. Because                     Agency believes that the applicants will               respect to a person or entity operating
                                              the present application relies almost                   likely achieve a level of safety that is               under the exemptions (49 U.S.C.
                                              entirely upon the APA exemption                         equivalent to, or greater than, the level              31315(d)).
                                              application process as a foundation for                 of safety achieved without the                         FMCSA Accident Notification
                                              its application, Advocates sees no need                 exemption [49 CFR 381.305(a)], and
                                                                                                      grants the requested exemptions                          Exempt motor carriers must notify
                                              to restate the arguments in their
                                                                                                      covering the operations of the CMV                     FMCSA by email to MCPSD@DOT.GOV
                                              entirety.’’
                                                                                                      drivers employed by the applicants.                    within 5 business days of any accidents
                                                 Ms. Kupsey commented
                                                                                                                                                             (as defined by 49 CFR 390.5) involving
                                                 ‘‘Is this business that necessary that it            Terms and Conditions of the                            the operation of any of its CMVs while
                                              has to allow its employees to be                        Exemptions                                             under this exemption. The notification
                                              ‘exempt’? Probably not.’’                                                                                      must include the following information:
                                                 All comments are available for review                Period of the Exemptions
                                                                                                                                                               a. Exemption Identifier: ‘‘ILLUM/
                                              in the docket for this notice.                            These exemptions are effective during                ACE’’
                                              FMCSA Response to Public Comments                       the period of June 28 (12:01 a.m.)                       b. Name and USDOT number of the
                                              and Agency Decision                                     through July 8, 2015 (11:59 p.m.).                     motor carrier,
                                                                                                      Extent of the Exemptions                                 c. Date of the accident,
                                                 Prior to publishing the Federal                                                                               d. City or town, and State, in which
                                              Register notice announcing the receipt                    The drivers employed by the                          the accident occurred, or which is
                                              of the applicants’ exemption request,                   applicants are provided an exemption                   closest to the scene of the accident,
                                              FMCSA ensured that the motor carriers                   from the requirements of 49 CFR                          e. Driver’s name and driver’s license
                                              involved have a current USDOT                           395.3(a)(2). This regulation prohibits a               number,
                                              registration, Hazardous Materials Safety                driver from driving a CMV after the 14th                 f. Vehicle number and State license
                                              Permit, minimum required levels of                      hour after coming on duty and does not                 number,
                                              insurance, and were not subject to any                  permit off-duty periods to extend the                    g. Number of individuals suffering
                                              ‘‘imminent hazard’’ or other OOS                        14-hour limit. Drivers covered by the                  physical injury,
                                              orders. The Agency conducted a                          exemptions may exclude off-duty and                      h. Number of fatalities,
                                              comprehensive investigation of the                      sleeper-berth time of any length from                    i. The police-reported cause of the
                                              safety performance history of each                      the calculation of the 14-hour limit. The              accident,
                                              applicant during the review process. As                 exemptions are contingent on each                        j. Whether the driver was cited for
                                              part of this process, FMCSA reviewed                    driver driving no more than 11 hours in                violation of any traffic laws, or motor
                                              its Motor Carrier Management                            the 14-hour period after coming on duty                carrier safety regulations, and
                                              Information System safety records,                      as extended by any off-duty or sleeper-                  k. The total driving time and the total
                                              including inspection and accident                       berth time in accordance with this                     on-duty time of the CMV driver at the
tkelley on DSK3SPTVN1PROD with NOTICES




                                              reports submitted to FMCSA by State                     exemption. The exemptions are further                  time of the accident.
                                              agencies, for each applicant motor                      contingent on each driver having a
                                              carrier. The Agency also requested and                  minimum of 10 consecutive hours off                    Termination
                                              received a records review of each carrier               duty prior to beginning a new duty                       The FMCSA does not believe the two
                                              from the Pipeline and Hazardous                         period. The carriers and drivers must                  motor carriers and approximately 50
                                              Materials Safety Administration                         comply with all other applicable                       drivers covered by the exemptions will
                                              (PHMSA).                                                requirements of the FMCSRs (49 CFR                     experience any deterioration of their


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                                              36896                           Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices

                                              safety record. However, should this                       Type of Review: Revision of a                        Information and Regulatory Affairs,
                                              occur, FMCSA will take all steps                        currently approved collection.                         Office of Management and Budget, Attn:
                                              necessary to protect the public interest,                 Title: Excise Tax Return—Alcohol and                 VA Desk Officer; 725 17th St. NW.,
                                              including revocation of the exemptions.                 Tobacco (Puerto Rico).                                 Washington, DC 20503 or sent through
                                              The FMCSA will immediately revoke                         Form: TTB F 5000.25.                                 electronic mail to oira_submission@
                                              the exemptions for failure to comply                      Abstract: Businesses in Puerto Rico                  omb.eop.gov. Please refer to ‘‘OMB
                                              with its terms and conditions.                          report their Federal excise tax liability              Control No. 2900–0679’’ in any
                                                Issued on: June 8, 2015.                              on distilled spirits, wine, beer, tobacco              correspondence.
                                              T. F. Scott Darling III,                                products, and cigarette papers and tubes
                                                                                                      on TTB F 5000.25. TTB uses this form                   FOR FURTHER INFORMATION CONTACT:
                                              Chief Counsel.                                                                                                 Crystal Rennie, Enterprise Records
                                                                                                      to identify the taxpayer and to
                                              [FR Doc. 2015–15723 Filed 6–25–15; 8:45 am]
                                                                                                      determine the amount and type of taxes                 Service (005R1B), Department of
                                              BILLING CODE 4910–EX–P
                                                                                                      due and paid.                                          Veterans Affairs, 810 Vermont Avenue
                                                                                                        Affected Public: Private Sector:                     NW., Washington, DC 20420, (202) 632–
                                                                                                      Businesses or other for-profits.                       7492 or email crystal.rennie@va.gov.
                                              DEPARTMENT OF THE TREASURY                                Estimated Annual Burden Hours: 356.                  Please refer to ‘‘OMB Control No. 2900–
                                                                                                                                                             0679.’’
                                              Submission for OMB Review;                                Dated: June 23, 2015.
                                              Comment Request                                         Dawn D. Wolfgang,                                      SUPPLEMENTARY INFORMATION:      Title:
                                                                                                      Treasury PRA Clearance Officer.                        Certification of Change or Correction of
                                              AGENCY:   Department of the Treasury.                                                                          Name Government Life Insurance, VA
                                                                                                      [FR Doc. 2015–15720 Filed 6–25–15; 8:45 am]
                                              ACTION:   Notice.                                                                                              Form 29–586.
                                                                                                      BILLING CODE 4810–31–P
                                                The Department of the Treasury will                                                                            OMB Control Number: 2900–0679.
                                              submit the following information                                                                                 Type of Review: Revision of a
                                              collection request to the Office of                     DEPARTMENT OF VETERANS                                 currently approved collection.
                                              Management and Budget (OMB) for                         AFFAIRS                                                  Abstract: The information collected
                                              review and clearance in accordance                                                                             on this form is used by the Insurance
                                                                                                      [OMB Control No. 2900–0679]
                                              with the Paperwork Reduction Act of                                                                            Activity to initiate the processing of the
                                              1995, Public Law 104–13, on or after the                Agency Information Collection                          insured’s request to change his/her
                                              date of publication of this notice.                     (Certification of Change or Correction                 name. The information on the form is
                                              DATES: Comments should be received on                   of Name Government Life Insurance,                     required by law, U.S.C. 1904 and 1942.
                                              or before July 27, 2015 to be assured of                VA Form 29–586) Activity Under OMB                       An agency may not conduct or
                                              consideration.                                          Review                                                 sponsor, and a person is not required to
                                              ADDRESSES: Send comments regarding                                                                             respond to a collection of information
                                              the burden estimate, or any other aspect                AGENCY:  Veterans Benefits                             unless it displays a currently valid OMB
                                              of the information collection, including                Administration, Department of Veterans                 control number. The Federal Register
                                              suggestions for reducing the burden, to                 Affairs.                                               Notice with a 60-day comment period
                                              (1) Office of Information and Regulatory                ACTION: Notice.                                        soliciting comments on this collection
                                              Affairs, Office of Management and                                                                              of information was published at 80 FR
                                              Budget, Attention: Desk Officer for                     SUMMARY:   In compliance with the
                                                                                                      Paperwork Reduction Act (PRA) of 1995                  2782 on January 20, 2015.
                                              Treasury, New Executive Office                                                                                   Affected Public: Individuals or
                                              Building, Room 10235, Washington, DC                    (44 U.S.C. 3501–3521), this notice
                                                                                                      announces that the Veterans Benefits                   households.
                                              20503, or email at OIRA_Submission@
                                              OMB.EOP.gov and (2) Treasury PRA                        Administration (VBA), Department of                      Estimated Annual Burden: 20 Hours
                                              Clearance Officer, 1750 Pennsylvania                    Veterans Affairs, will submit the                        Estimated Average Burden per
                                              Ave. NW., Suite 8140, Washington, DC                    collection of information abstracted                   Respondent: 10 minutes.
                                              20220, or email at PRA@treasury.gov.                    below to the Office of Management and                    Frequency of Response: On occasion
                                                                                                      Budget (OMB) for review and comment.
                                              FOR FURTHER INFORMATION CONTACT:                                                                                 Estimated Number of Respondents:
                                              Copies of the submission may be                         The PRA submission describes the
                                                                                                      nature of the information collection and               120 a year
                                              obtained by emailing PRA@treasury.gov,
                                              or viewing the entire information                       its expected cost and burden; it includes                Dated: June, 23, 2015.
                                              collection request at www.reginfo.gov.                  the actual data collection instrument.                   By direction of the Secretary:
                                                                                                      DATES: Comments must be submitted on                   Kathleen M. Manwell,
                                              SUPPLEMENTARY INFORMATION:
                                                                                                      or before July 27, 2015.                               Office of Privacy and Records Management,
                                              Alcohol and Tobacco Tax and Trade                       ADDRESSES: Submit written comments                     Department of Veterans Affairs.
                                              Bureau (TTB)                                            on the collection of information through               [FR Doc. 2015–15775 Filed 6–25–15; 8:45 am]
                                                OMB Number: 1513–0090.                                www.Regulations.gov, or to Office of                   BILLING CODE 8320–01–P
tkelley on DSK3SPTVN1PROD with NOTICES




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Document Created: 2015-12-15 14:14:35
Document Modified: 2015-12-15 14:14:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition; grant of applications for exemptions.
DatesThese exemptions are effective during the period of June 28 (12:01 a.m.) through July 8, 2015 (11:59 p.m.).
ContactMrs. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325, Email: [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
FR Citation80 FR 36894 

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