81 FR 28115 - Hours of Service (HOS) of Drivers; American Pyrotechnics Ass'n. (APA) Application for Exemption From the 14-Hour Rule; Extension of Current APA Exemption Period

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 89 (May 9, 2016)

Page Range		28115-28118
FR Document		2016-10820

The American Pyrotechnics Association (APA), on behalf of its member companies, has requested additions to and deletions from the list of motor carriers previously granted exemptions for the 2015 and 2016 Independence Day fireworks shows. Fifty-one APA members currently hold such exemptions from the prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty. APA requests discontinuance of the exemption for 4 carriers, and new exemptions for 4 carriers, with the total therefore remaining at 51. The ``Fixing America's Surface Transportation Act'' (FAST Act) extended the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance. This notice therefore extends to July 8, 2020, the exemption for the 47 APA members approved in 2015 that wish to retain the exemption. Finally, FMCSA seeks comment on the applications of 4 APA members not previously exempted from the 14-hour rule. Because the FAST Act also authorized new exemptions for a period of up to 5 years, the Agency proposes to grant these 4 motor carriers exemptions that would run through July 8, 2020, and terminate at the same time as the other 47 exemptions. The APA maintains that the terms and conditions of the limited exemption would ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption.

Federal Register, Volume 81 Issue 89 (Monday, May 9, 2016)

[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28115-28118]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10820]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]


Hours of Service (HOS) of Drivers; American Pyrotechnics Ass'n. 
(APA) Application for Exemption From the 14-Hour Rule; Extension of 
Current APA Exemption Period

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

ACTION: Notice of application for and extension of exemption; request 
for comments.

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

SUMMARY: The American Pyrotechnics Association (APA), on behalf of its 
member companies, has requested additions to and deletions from the 
list of motor carriers previously granted exemptions for the 2015 and 
2016 Independence Day fireworks shows. Fifty-one APA members currently 
hold such exemptions from the prohibition on driving commercial motor 
vehicles (CMVs) after the 14th hour after the driver comes on duty. APA 
requests discontinuance of the exemption for 4 carriers, and new 
exemptions for 4 carriers, with the total therefore remaining at 51. 
The ``Fixing America's Surface Transportation Act'' (FAST Act) extended 
the expiration date of hours-of-service (HOS) exemptions in effect on 
the date of enactment of the FAST Act to 5 years from the date of 
issuance. This notice therefore extends to July 8, 2020, the exemption 
for the 47 APA members approved in 2015 that wish to retain the 
exemption. Finally, FMCSA seeks comment on the applications of 4 APA 
members not previously exempted from the 14-hour rule. Because the FAST 
Act also authorized new exemptions for a period of up to 5 years, the 
Agency proposes to grant these 4 motor carriers exemptions that would 
run through July 8, 2020, and terminate at the same time as the other 
47 exemptions. The APA maintains that the terms and conditions of the 
limited exemption would ensure a level of safety equivalent to, or 
greater than, the level of safety achieved without the exemption.

DATES: June 8, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2007-28043 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year. If you want acknowledgment that we

[[Page 28116]]

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: For information concerning this 
notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: (202) 366-4325. Email: [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2007-28043), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2007-28043'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope.

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 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, and 
explain its terms and conditions. The exemption may be renewed (49 CFR 
381.300(b)).
    Section 5206(a)(3) of the FAST Act amended 49 U.S.C. 31315 to 
permit FMCSA to grant exemptions for up to 5 years from the date of 
issuance, instead of the previous two years [Sec.  31315(b)(2)]. This 
statutory provision will be codified in 49 CFR part 381 in a 
forthcoming rulemaking. Section 5206(b)(2)(A) of the FAST Act also 
extended all HOS exemptions in effect on the date of enactment to a 
period of 5 years from the date of issuance.

APA Application for Exemption

    The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a 
property-carrying CMV from driving 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 
an exemption for 51 member companies for the 2015 and 2016 Independence 
Day periods [80 FR 37040, June 29, 2015]. APA has requested 
discontinuing the exemptions for 4 carriers,\1\ and adding 4 new 
carriers, maintaining the total at 51. The 51 exemptions granted to APA 
members in 2015 (now reduced to 47 exemptions) are extended, pursuant 
to section 5206(b)(2)(A) of the FAST Act, through the annual 
Independence Day periods ending on July 8, 2020. The exemptions for the 
4 new APA carriers, if granted, would 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. It should also be noted that 
section 5206(b)(2)(A) of the FAST Act extends HOS exemptions in effect 
on the date of enactment ``for a period of 5 years from the date such 
exemption was granted'' (emphasis added). FMCSA believes that the 
intent of the statute was to extend the effective period of an 
exemption from 2 to 5 years, on the assumption that exemptions begin 
upon issuance and remain in effect (in most cases) for 2 consecutive 
years. Since the 2015 fireworks exemption involved 2 separate periods, 
both ending after ``the date such exemption was granted,'' the Agency 
believes the FAST Act amendment is best interpreted as extending the 
end date of the fireworks exemption--namely July 8 of each year--
through 2020. Like the other 47 member-companies that operated under 
the 2015 exemption, the 4 additional member companies would be subject 
to all of the terms and conditions of the exemption.
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    \1\ Colonial Fireworks, DOT 177274; Fireworks West 
Internationale, DOT 245423; USA Halloween Planet Inc. dba USA 
Fireworks, DOT 725457; Western Fireworks Inc., DOT 838585.
---------------------------------------------------------------------------

    The initial APA application for relief from the 14-hour rule was 
submitted in 2004; a copy is in the docket. That application fully 
describes 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

[[Page 28117]]

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 exemption for an additional 4 
member companies 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 exemption, 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 47 APA member companies currently exempt, as well as the 4 
carriers seeking an exemption for the first time, are listed in an 
appendix to this notice. The 4 new carriers are 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 new exemptions would not adversely affect 
the safety of the fireworks transportation provided by these motor 
carriers. 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 would 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.

Terms and Conditions of the Exemption

Period of the Exemption
    The requested exemption from 49 CFR 395.3(a)(2) would be effective 
from June 28 through July 8, at 11:59 p.m. local time, each year 
through 2020.
Terms and Conditions of the Exemption
    During the 2016 Independence Day period, the exemption from 49 CFR 
395.3(a)(2) would be limited to drivers employed by the 47 motor 
carriers already covered by the exemption, plus (if approved) the 4 
carriers now seeking an exemption. The four carriers that were not 
included for the 2015 period are identified by an asterisk. 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 would be able to 
exclude off-duty and sleeper-berth time of any length from the 
calculation of the 14-hour limit. This exemption would be 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 would be 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 would be 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 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 number,
    e. Vehicle number and State license number,
    f. Number of individuals suffering physical injury,
    g. Number of fatalities,
    h. The police-reported cause of the accident,
    i. Whether the driver was cited for violation of any traffic laws, 
or motor carrier safety regulations, and
    j. 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 motor carriers and drivers covered 
by this exemption, if granted, would experience any deterioration of 
their safety record. However, should this occur, FMCSA would 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: May 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.

Appendix to Notice of APA Application for Exemption From the 14-Hour 
Rule During 2016-2020 Independence Day Celebrations; Extension of 
Current Exemption

[[Page 28118]]



------------------------------------------------------------------------
                                           City, state,
        Motor carrier    Street address      zip code         DOT No.
------------------------------------------------------------------------
1...  American          7041 Darrow      Hudson, OH               103972
       Fireworks         Road.            44236.
       Company.
2...  American          P.O. Box 980...  Oxford, NY              2115608
       Fireworks                          13830.
       Display, LLC.
3...  AM Pyrotechnics,  2429 East 535th  Buffalo, MO             1034961
       LLC.              Rd.              65622.
4...  Arthur Rozzi      6607 Red Hawk    Maineville, OH          2008107
       Pyrotechnics.     Ct.              45039.
5...  Atlas PyroVision  136 Old Sharon   Jaffrey, NH              789777
       Entertainment     Rd.              03452.
       Group, Inc.
6...  Central States    18034 Kincaid    Athens, IL              1022659
       Fireworks, Inc.   Street.          62613.
7...  East Coast        4652 Catawba     Catawba, SC              545033
       Pyrotechnics,     River Rd.        29704.
       Inc.
8...  Entertainment     13313 Reeder     Tenino, WA               680942
       Fireworks, Inc.   Road SW.         98589.
9...  Falcon Fireworks  3411 Courthouse  Guyton, GA              1037954
                         Road.            31312.
10..  Fireworks &       12650 Hwy 67S.   Lakeside, CA             908304
       Stage FX          Suite B.         92040.
       America.
11..  Fireworks by      20 Pinehurst     BellPort, NY             324490
       Grucci, Inc.      Drive.           11713.
12..  * Flashing        700 E Van Buren  Mitchell, IA             420413
       Thunder           Street.          50461.
       Fireworks dba
       Legal Aluminum
       King Mtg.
13..  J&J Computing     174 Route 17     Rochelle Park,          2064141
       dba Fireworks     North.           NJ 07662.
       Extravaganza.
14..  Gateway           P.O. Box 39327.  St Louis, MO            1325301
       Fireworks                          63139.
       Displays.
15..  Great Lakes       24805 Marine...  East Pointe, MI         1011216
       Fireworks.                         48021.
16..  Hamburg           2240 Horns Mill  Lancaster, OH..          395079
       Fireworks         Road SE.
       Display, Inc.
17..  Hawaii            17-7850 N.       Mountain View,          1375918
       Explosives &      Kulani Road.     HI 96771.
       Pyrotechnics,
       Inc.
18..  Hollywood         1567 Antler      Eagan, MN 55122         1061068
       Pyrotechnics,     Point.
       Inc.
19..  Homeland          P.O. Box 7.....  Jamieson, OR            1377525
       Fireworks, Inc.                    97909.
20..  Island Fireworks  N1597 County Rd  Hager City, WI           414583
       Co., Inc.         VV.              54014.
21..  J&M Displays,     18064 170th Ave  Yarmouth, IA             377461
       Inc.                               52660.
22..  Lantis            130 Sodrac Dr.,  N. Sioux City,           534052
       Fireworks, Inc.   Box 229.         SD 57049.
23..  Legion Fireworks  10 Legion Lane.  Wappingers               554391
       Co., Inc.                          Falls, NY
                                          12590.
24..  Miand Inc. dba    P.O. Box 294,    Kingsbury, IN            777176
       Planet            3999 Hupp Road   46345.
       Productions       R31.
       (Mad Bomber).
25..  Martin & Ware     P.P. Box 322...  Hallowell, ME            734974
       Inc. dba Pyro                      04347.
       City Maine &
       Central Maine
       Pyrotechnics.
26..  Melrose           1 Kinsgubury     Kingsbury, IN            434586
       Pyrotechnics,     Industrial       46345.
       Inc.              Park.
27..  Precocious        4420-278th Ave   Belgrade, MN             435931
       Pyrotechnics,     NW.              56312.
       Inc.
28..  * Pyro Shows,     115 N 1st        LaFollette, TN           456818
       Inc.              Street.          37766.
29..  Pyro Shows of     6601 9 Mile      Fort Worth, TX          2432196
       Texas, Inc.       Azle Rd.         76135.
30..  * Pyro            400 Broadhollow  Farmindale, NY           530262
       Engineering       Rd. Ste #3.      11735.
       Inc., dba/Bay
       Fireworks.
31..  Pyro              3196 N Locust    Rialto, CA               029329
       Spectaculars,     Ave.             92376.
       Inc.
32..  Pyro              5301 Lang        McClellan, CA           1671438
       Spectaculars      Avenue.          95652.
       North, Inc.
33..  Pyrotechnic       8450 W. St.      Frankfort, IL           1929883
       Display, Inc.     Francis Rd.      60423.
34..  Pyrotecnico (S.   302 Wilson Rd..  New Castle, PA           526749
       Vitale                             16105.
       Pyrotechnic
       Industries,
       Inc.).
35..  Pyrotecnico, LLC  60 West Ct.....  Mandeville, LA           548303
                                          70471.
36..  Pyrotecnico FX..  6965 Speedway    Las Vegas, NV           1610728
                         Blvd. Suite      89115.
                         115.
37..  Rainbow           76 Plum Ave....  Inman, KS 67546         1139643
       Fireworks, Inc.
38..  RES Specialty     21595 286th St.  Belle Plaine,            523981
       Pyrotechnics.                      MN 56011.
39..  Rozzi's Famous    11605 North      Loveland, OH            0483686
       Fireworks, Inc.   Lebanon Rd.      45140.
40..  * Sky Wonder      3626 CR 203....  Liverpool, TX           1324580
       Pyrotechnics,                      77577.
       LLC.
41..  Skyworks, Ltd...  13513 W.         Carrier, OK             1421047
                         Carrier Rd.      73727.
42..  Sorgi American    935 Wales Ridge  Wales, MI 48027         2475727
       Fireworks         Rd.
       Michigan, LLC.
43..  Spielbauer        220 Roselawn     Green Bay, WI            046479
       Fireworks Co,     Blvd.            54301.
       Inc.
44..  Spirit of 76....  6401 West Hwy    Columbia, MO            2138948
                         40.              65202.
45..  Starfire          682 Cole Road..  Carrolltown, PA          554645
       Corporation.                       15722.
46..  Vermont           2235 Vermont     East                     310632
       Fireworks Co.,    Route 14 South.  Montpelier, VT
       Inc./ Northstar                    05651.
       Fireworks Co.,
       Inc.
47..  Western Display   10946 S. New     Canby, OR 97013          498941
       Fireworks, Ltd.   Era Rd.
48..  Western           P.O. Box 160...  Carrier, OK              203517
       Enterprises,                       73727.
       Inc.
49..  Wolverine         205 W Seidlers.  Kawkawlin, MI..          376857
       Fireworks
       Display, Inc.
50..  Young Explosives  P.O. Box 18653.  Rochester, NY            450304
       Corp.                              14618.
51..  Zambelli          P.O. Box 1463..  New Castle, PA           033167
       Fireworks MFG,                     16103.
       Co., Inc.
------------------------------------------------------------------------
* New applicants for exemption

[FR Doc. 2016-10820 Filed 5-6-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 28115

petroleum gas, and natural gas liquids. The RERC will hear views of citizens driver comes on duty. APA requests
The second application requests that the by providing a public comment session discontinuance of the exemption for 4
Department issue a Presidential Permit starting at 9:00 a.m. EDT, on carriers, and new exemptions for 4
for construction, connection, operation, Wednesday, May 25. The public carriers, with the total therefore
and maintenance of a new 10-inch outer comment session may last up to one remaining at 51. The ‘‘Fixing America’s
diameter pipeline and associated hour. Persons wishing to speak are Surface Transportation Act’’ (FAST Act)
facilities in the same right of way as the requested to register at the door by 8:45 extended the expiration date of hours-
Existing Burgos Pipeline to transport the a.m. on Wednesday, May 25, and will be of-service (HOS) exemptions in effect on
same range of products as the Existing called on during the public comment the date of enactment of the FAST Act
Burgos Pipeline. Both pipelines would period. Handout materials should be to 5 years from the date of issuance.
connect the Petroleos Mexicanos limited to one printed page. Written This notice therefore extends to July 8,
(PEMEX) Burgos Gas Plant near comments are also invited and may be 2020, the exemption for the 47 APA
Reynosa, Tamaulipas, Mexico and the mailed to the Regional Energy Resource members approved in 2015 that wish to
NuStar terminal near Edinburg, Texas in Council, Tennessee Valley Authority, retain the exemption. Finally, FMCSA
Hidalgo County, Texas at the United 400 West Summit Hill Drive, WT–9D, seeks comment on the applications of 4
States-Mexico border. Knoxville TN 37902. APA members not previously exempted
Availability of the Draft EA and DATES: The meeting will be held on from the 14-hour rule. Because the
Preliminary FONSI: Copies of the Draft Tuesday, May 24, from 10:00 a.m. to FAST Act also authorized new
EA and Preliminary FONSI have been 11:45 a.m. and on Wednesday, May 25, exemptions for a period of up to 5 years,
distributed to state and governmental from 8:30 a.m. to noon EDT. the Agency proposes to grant these 4
agencies, tribal governments and other ADDRESSES: The meeting will be held at motor carriers exemptions that would
interested parties. Printed copies of the the Chattanoogan Hotel, 1201 South run through July 8, 2020, and terminate
document may be obtained by visiting Broad Street, Chattanooga, Tennessee at the same time as the other 47
the McAllen Public Library, 4001 N. 37402, and will be open to the public. exemptions. The APA maintains that
23rd St., McAllen, TX 78504, or by Anyone needing special access or the terms and conditions of the limited
contacting the Burgos Project Manager accommodations should let the contact exemption would ensure a level of
at the above address. They are also below know at least a week in advance. safety equivalent to, or greater than, the
available at http://www.state.gov/e/enr/ FOR FURTHER INFORMATION CONTACT: Beth level of safety achieved without the
applicant/applicants/c66757.htm. Keel, 400 West Summit Hill Drive, WT– exemption.
Deborah Klepp, 9D, Knoxville, Tennessee 37902, (865) DATES: June 8, 2016.
Director, Office of Environmental Quality and 632–6113. ADDRESSES: You may submit comments
Transboundary Issues, Department of State. Dated: May 2, 2016. bearing the Federal Docket Management
[FR Doc. 2016–10841 Filed 5–6–16; 8:45 am] Joseph J. Hoagland, System (FDMS) Docket ID FMCSA–
BILLING CODE 4710–09–P Vice President, Enterprise Relations and 2007–28043 using any of the following
Innovation, Tennessee Valley Authority. methods:
[FR Doc. 2016–10723 Filed 5–6–16; 8:45 am] • Federal eRulemaking Portal:
TENNESSEE VALLEY AUTHORITY BILLING CODE 8120–08–P
www.regulations.gov. Follow the online
instructions for submitting comments.
Meeting of the Regional Energy • Mail: Docket Management Facility,
Resource Council U.S. Department of Transportation, 1200
DEPARTMENT OF TRANSPORTATION
New Jersey Avenue SE., West Building,
AGENCY: Tennessee Valley Authority Ground Floor, Room W12–140,
(TVA) Federal Motor Carrier Safety
Administration Washington, DC 20590–0001.
ACTION: Notice of meeting. • Hand Delivery or Courier: West
[Docket No. FMCSA–2007–28043] Building, Ground Floor, Room W12–
SUMMARY: The TVA Regional Energy 140, 1200 New Jersey Avenue SE.,
Resource Council (RERC) will hold a Hours of Service (HOS) of Drivers; between 9 a.m. and 5 p.m., Monday
meeting on Tuesday, May 24 and American Pyrotechnics Ass’n. (APA) through Friday, except Federal holidays.
Wednesday, May 25, 2016, regarding Application for Exemption From the • Fax: 1–202–493–2251.
regional energy related issues in the 14-Hour Rule; Extension of Current Each submission must include the
Tennessee Valley. APA Exemption Period Agency name and the docket number for
The RERC was established to advise AGENCY: Federal Motor Carrier Safety this notice. Note that DOT posts all
TVA on its energy resource activities Administration (FMCSA), DOT. comments received without change to
and the priorities among competing www.regulations.gov, including any
ACTION: Notice of application for and
objectives and values. Notice of this personal information included in a
extension of exemption; request for
meeting is given under the Federal comment. Please see the Privacy Act
comments.
Advisory Committee Act (FACA), 5 heading below.
U.S.C. App.2. SUMMARY: The American Pyrotechnics Docket: For access to the docket to
The meeting agenda includes the Association (APA), on behalf of its read background documents or
following: member companies, has requested comments, go to www.regulations.gov at
1. Welcome and Introductions additions to and deletions from the list any time or visit Room W12–140 on the
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2. TVA Updates of motor carriers previously granted ground level of the West Building, 1200
3. Presentations regarding Distributed exemptions for the 2015 and 2016 New Jersey Avenue SE., Washington,
Energy Resources, including current Independence Day fireworks shows. DC, between 9 a.m. and 5 p.m., ET,
approaches, new technologies, and Fifty-one APA members currently hold Monday through Friday, except Federal
the Evolving Market Place such exemptions from the prohibition holidays. The on-line FDMS is available
4. Public Comments on driving commercial motor vehicles 24 hours each day, 365 days each year.
5. Council discussion (CMVs) after the 14th hour after the If you want acknowledgment that we

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Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 28117

who hold commercial driver’s licenses In its exemption request, APA asserts 381.600, during the period this
(CDLs) with hazardous materials (HM) that the operational demands of this exemption is in effect, no State shall
endorsements. They transport fireworks unique industry minimize the risks of enforce any law or regulation applicable
and related equipment by CMVs on a CMV crashes. In the last few days before to interstate commerce that conflicts
very demanding schedule during a brief July 4, these drivers transport fireworks with or is inconsistent with this
Independence Day period, often to over relatively short routes from exemption with respect to a firm or
remote locations. After they arrive, the distribution points to the site of the person operating under the exemption.
drivers are responsible for set-up and fireworks display, and normally do so in States may, but are not required to,
staging of the fireworks shows. the early morning when traffic is light. adopt the same exemption with respect
The APA states that it is seeking an At the site, they spend considerable to operations in intrastate commerce.
exemption for an additional 4 member time installing, wiring, and safety-
companies because compliance with the FMCSA Notification
checking the fireworks displays,
current 14-hour rule in 49 CFR followed by several hours off duty in the Exempt motor carriers would be
395.3(a)(2) would impose a substantial late afternoon and early evening prior to required to notify FMCSA within 5
economic hardship on numerous cities, the event. During this time, the drivers business days of any accidents (as
towns and municipalities, as well as its are able to rest and nap, thereby defined by 49 CFR 390.5) involving the
member companies. To meet the reducing or eliminating the fatigue operation of any of their CMVs while
demand for fireworks without the accumulated during the day. Before under this exemption. The notification
exemption, APA states that its member beginning another duty day, these must include the following information:
companies would be required to hire a drivers must take 10 consecutive hours
second driver for most trips. The APA a. Name of the exemption: ‘‘APA,’’
off duty, the same as other CMV drivers.
advises that the result would be a b. Date of the accident,
substantial increase in the cost of the Terms and Conditions of the Exemption
c. City or town, and State, in which
fireworks shows—beyond the means of Period of the Exemption the accident occurred, or which is
many of its members’ customers—and closest to the scene of the accident,
that many Americans would be denied The requested exemption from 49
this important component of the CFR 395.3(a)(2) would be effective from d. Driver’s name and driver’s license
celebration of Independence Day. The June 28 through July 8, at 11:59 p.m. number,
47 APA member companies currently local time, each year through 2020. e. Vehicle number and State license
exempt, as well as the 4 carriers seeking Terms and Conditions of the Exemption number,
an exemption for the first time, are f. Number of individuals suffering
listed in an appendix to this notice. The During the 2016 Independence Day
period, the exemption from 49 CFR physical injury,
4 new carriers are identified with an
395.3(a)(2) would be limited to drivers g. Number of fatalities,
asterisk. A copy of the request for the
exemption is included in the docket employed by the 47 motor carriers h. The police-reported cause of the
referenced at the beginning of this already covered by the exemption, plus accident,
notice. (if approved) the 4 carriers now seeking i. Whether the driver was cited for
an exemption. The four carriers that violation of any traffic laws, or motor
Method To Ensure an Equivalent or were not included for the 2015 period
Greater Level of Safety carrier safety regulations, and
are identified by an asterisk. Section
The APA believes that the new 395.3(a)(2) prohibits a driver from j. The total driving time and the total
exemptions would not adversely affect driving a CMV after the 14th hour after on-duty time of the CMV driver at the
the safety of the fireworks transportation coming on duty and does not permit off- time of the accident.
provided by these motor carriers. duty periods to extend the 14-hour Termination
According to APA, its member- limit. Drivers covered by this exemption
companies have operated under this would be able to exclude off-duty and The FMCSA does not believe the
exemption for 10 previous sleeper-berth time of any length from motor carriers and drivers covered by
Independence Day periods without a the calculation of the 14-hour limit. this exemption, if granted, would
reported motor carrier safety incident. This exemption would be contingent on experience any deterioration of their
Moreover, it asserts, without the extra each driver driving no more than 11 safety record. However, should this
time provided by the exemption, safety hours in the 14-hour period after occur, FMCSA would take all steps
would decline because APA drivers coming on duty, as extended by any off- necessary to protect the public interest,
would be unable to return to their home duty or sleeper-berth time in accordance including revocation of the exemption.
base after each show. They would be with this exception. The exemption The FMCSA will immediately revoke
forced to park the CMVs carrying HM would be further contingent on each the exemption for failure to comply
1.1G, 1.3G and 1.4G products in areas driver having a full 10 consecutive with its terms and conditions. Exempt
less secure than the motor carrier’s hours off duty following 14 hours on motor carriers and drivers would be
home base. As a condition of holding duty prior to beginning a new driving subject to FMCSA monitoring while
the exemption, each motor carrier period. The carriers and drivers must operating under this exemption.
would be required to notify FMCSA comply with all other requirements of Issued on: May 2, 2016.
within 5 business days of any accident the Federal Motor Carrier Safety Larry W. Minor,
(as defined in 49 CFR 390.5) involving Regulations (49 CFR parts 350–399) and
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Associate Administrator for Policy.
the operation of any its CMVs while Hazardous Materials Regulations (49
under this exemption. To date, FMCSA CFR parts 105–180). Appendix to Notice of APA Application
has received no accident notifications, for Exemption From the 14-Hour Rule
nor is the Agency aware of any Preemption During 2016–2020 Independence Day
accidents reportable under terms of the In accordance with 49 U.S.C. Celebrations; Extension of Current
prior APA exemptions. 31315(d), as implemented by 49 CFR Exemption

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28118 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices

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 Group, 136 Old Sharon Rd .............................. Jaffrey, NH 03452 ................................ 789777
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 Extrava- 174 Route 17 North ............................. Rochelle Park, NJ 07662 ..................... 2064141
ganza.
14 Gateway Fireworks Displays ................ P.O. Box 39327 .................................... St Louis, MO 63139 ............................. 1325301
15 Great Lakes Fireworks ......................... 24805 Marine ....................................... East Pointe, MI 48021 ......................... 1011216
16 Hamburg Fireworks Display, Inc .......... 2240 Horns Mill Road SE .................... Lancaster, OH ...................................... 395079
17 Hawaii Explosives & Pyrotechnics, Inc 17–7850 N. Kulani Road ...................... Mountain View, HI 96771 ..................... 1375918
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 57049 ...................... 534052
23 Legion Fireworks Co., Inc .................... 10 Legion Lane .................................... Wappingers Falls, NY 12590 ............... 554391
24 Miand Inc. dba Planet Productions P.O. Box 294, 3999 Hupp Road R31 .. Kingsbury, IN 46345 ............................ 777176
(Mad Bomber).
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 Park ................ Kingsbury, IN 46345 ............................ 434586
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 Texas, Inc .................... 6601 9 Mile Azle Rd ............................ Fort Worth, TX 76135 .......................... 2432196
30 * Pyro Engineering Inc., dba/Bay Fire- 400 Broadhollow Rd. Ste #3 ................ Farmindale, NY 11735 ......................... 530262
works.
31 Pyro Spectaculars, Inc ......................... 3196 N Locust Ave .............................. Rialto, CA 92376 .................................. 029329
32 Pyro Spectaculars North, Inc ............... 5301 Lang Avenue ............................... McClellan, CA 95652 ........................... 1671438
33 Pyrotechnic Display, Inc ....................... 8450 W. St. Francis Rd ....................... Frankfort, IL 60423 ............................... 1929883
34 Pyrotecnico (S. Vitale Pyrotechnic In- 302 Wilson Rd ...................................... New Castle, PA 16105 ......................... 526749
dustries, Inc.).
35 Pyrotecnico, LLC .................................. 60 West Ct ........................................... Mandeville, LA 70471 .......................... 548303
36 Pyrotecnico FX ..................................... 6965 Speedway Blvd. Suite 115 .......... Las Vegas, NV 89115 .......................... 1610728
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 Michigan, 935 Wales Ridge Rd ............................ Wales, MI 48027 .................................. 2475727
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./N Northstar 2235 Vermont Route 14 South ............ East Montpelier, VT 05651 .................. 310632
Fireworks Co., Inc.
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
* New applicants for exemption

[FR Doc. 2016–10820 Filed 5–6–16; 8:45 am]
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BILLING CODE 4910–EX–P

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Document Created: 2018-02-07 14:50:18
Document Modified: 2018-02-07 14:50:18

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of application for and extension of exemption; request for comments.
Dates		June 8, 2016.
Contact		For information concerning this notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (202) 366-4325. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		81 FR 28115

81 FR 28115 - Hours of Service (HOS) of Drivers; American Pyrotechnics Ass'n. (APA) Application for Exemption From the 14-Hour Rule; Extension of Current APA Exemption Period

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 89 (May 9, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration