82 FR 22375 - Hours of Service (HOS) of Drivers; American Pyrotechnics Assn. (APA) Application for Exemption From the 14-Hour Rule; Request To Add New Member to Current APA Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 92 (May 15, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 92 (May 15, 2017)
| Page Range | 22375-22378 | |
| FR Document | 2017-09735 |
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)] [Notices] [Pages 22375-22378] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09735] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-28043] Hours of Service (HOS) of Drivers; American Pyrotechnics Assn. (APA) Application for Exemption From the 14-Hour Rule; Request To Add New Member to Current APA Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. [[Page 22376]] ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: The American Pyrotechnics Association (APA), has requested an exemption for a member company, Pyro Shows of Alabama, Inc., from the prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty. Fifty-one APA members currently hold such an exemption during the Independence Day period each year, terminating on July 8, 2020. If granted, this exemption would terminate at the same time as the other 51 exempted carriers. 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 14, 2017. 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 received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [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 (up to 5 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). APA Application for Exemption The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a property-carrying CMV from driving after the 14th hour after coming on duty following 10 consecutive hours off duty. In 2016, the APA, a trade association representing the domestic fireworks industry was granted exemptions for 51 member companies through the annual Independence Day periods ending on July 8, 2020 [81 FR 43701, July 5, 2016]. APA has requested an exemption for Pyro Shows of Alabama Incorporated, USDOT 2859710, which would increase the total to 52. The exemption for this APA carrier, 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 Fixing America's Surface Transportation [[Page 22377]] (FAST) Act (Pub. L. 114-94, 129 Stat. 1312, 1537, Dec. 4, 3015), FMCSA believes that the interests of the APA members and the Agency would best be served by harmonizing, as far as possible, the expiration dates of all such fireworks-related exemptions. Like the other 51 member companies, Pyro Shows of Alabama would be subject to all of the terms and conditions of the exemption. The initial APA application for relief from the 14-hour rule was submitted in 2004; a copy is in the docket. That application fully describes the nature of the pyrotechnic operations of CMV drivers during a typical Independence Day period. As stated in the 2004 request, the CMV drivers employed by APA member companies are trained pyro-technicians who hold commercial driver's licenses (CDLs) with hazardous materials (HM) endorsements. They transport fireworks and related equipment by CMVs on a very demanding schedule during a brief Independence Day period, often to remote locations. After they arrive, the drivers are responsible for set-up and staging of the fireworks shows. The APA states that it is seeking an additional exemption for Pyro Shows of Alabama, Incorporated because compliance with the current 14- hour rule in 49 CFR 395.3(a)(2) would impose a substantial economic hardship on numerous cities, towns and municipalities, as well as its member companies. To meet the demand for fireworks without the exemptions, APA states that its member companies would be required to hire a second driver for most trips. The APA advises that the result would be a substantial increase in the cost of the fireworks shows-- beyond the means of many of its members' customers--and that many Americans would be denied this important component of the celebration of Independence Day. Method To Ensure an Equivalent or Greater Level of Safety The APA believes that the exemption would not adversely affect the safety of the fireworks transportation provided by this motor carrier. According to APA, its member companies have operated under this exemption for 10 previous Independence Day periods without a reported motor carrier safety incident. Moreover, it asserts, without the extra time provided by the exemption, safety would decline because APA drivers would be unable to return to their home base after each show. They would be forced to park the CMVs carrying HM 1.1G, 1.3G and 1.4G products in areas less secure than the motor carrier's home base. As a condition of holding the exemption, each motor carrier is 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 2017 Independence Day period, the exemption from 49 CFR 395.3(a)(2) would be limited to drivers employed by the 51 motor carriers already covered by the exemption, plus (if approved) the one carrier now seeking an exemption. 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 be by email to [email protected] and include the following information: a. Name of the Exemption: ``APA'' b. Date of the accident, c. City or town, and State, in which the accident occurred, or which is closest to the scene of the accident, d. Driver's name and driver's license State, number, and class, e. Co-Driver's name and driver's license State, number, and class, f. Vehicle company number and power unit license plate State and number, g. Number of individuals suffering physical injury, h. Number of fatalities, i. The police-reported cause of the accident, j. Whether the driver was cited for violation of any traffic laws, or motor carrier safety regulations, and k. The total driving time and the total on-duty time of the CMV driver at the time of the accident. In addition, if there are any injuries or fatalities, the carrier must forward the police accident report to [email protected] as soon as available. 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 [[Page 22378]] drivers would be subject to FMCSA monitoring while operating under this exemption. Dated: May 8, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-09735 Filed 5-12-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices 22375
52389; 77 FR 68200; 77 FR 68202; 78 FR Roberto Ramos (TX) 9772; 78 FR 12811; 78 FR 12813; 78 FR
797; 79 FR 17641; 79 FR 18391; 79 FR Johnie Reed (VA) 12817; 80 FR 3723):
18392; 79 FR 29495; 79 FR 29498; 79 FR Sammie Soles, Jr. (MI) William Audinwood (NY)
35212; 79 FR 38659; 79 FR 47175; 79 FR Grover C. Taylor (VA) Kenneth L. Bowers, Jr. (MN)
51642; 79 FR 53514; 79 FR 58856; 79 FR The drivers were included in docket Lester W. Carter (CA)
59348; 79 FR 59357; 79 FR 65759; 79 FR No. FMCSA–2012–0337. Their Matthew T. Eggers (IA)
69985; 79 FR 72754; 79 FR 73397; 80 FR exemptions are effective as of February Dennis E. Fisher (NY)
3305; 80 FR 8927; 80 FR 9304): 11, 2017, and will expire on February Andrew G. Fornsel (NY)
Michael J. Bechta (PA) 11, 2019. Jerry Hall (KY)
Anatoliy A. Bogdanets (OR) As of February 18, 2017, and in Dennis R. O’Dell Jr. (OK)
William L. Brady (KS) accordance with 49 U.S.C. 31136(e) and Jerry W. Parker (OH)
Ricky J. Childress (AL) 31315, the following 30 individuals Gary W. Phelps (PA)
Donald S. Dickerson (WV) have satisfied the conditions for Charles D. Reddick (GA)
David L. Dykman (ID) obtaining a renewed exemption from the Myriam Rodriguez (CA)
Larry E. Emanuel (FL) vision requirements (80 FR 2473; 80 FR Bobby L. Rupe (TX)
Milan D. Frasier (ID) 18693): Jules M. Sancho, Jr. (LA)
Greg E. Gage (IA) David C. Berger (PA) Frank Santak (DE)
Eric M. Giddens, Sr. (DE) Raymond L. Bradshaw (TX) Gary Wanek (NE)
Harold J. Haier (NY) Jeffrey L. Coachman (NY) Keith Washington (IL)
James A. Jones (MD) Robert W. Cushing (NH) Kenneth J. Weaver (WY)
Timothy L. Kelly (TX) Kenneth Dionisi (MI) Cameron R. Whitford (NY)
Lewis A. Kielhack (IL) Wolfgang K. Faulkingham (ME) The drivers were included in one of
Daniel E. Manchester (GA) Ricky J. Franklin (OR) the following docket Nos: FMCSA–
Joe A. McIlroy (NY) James P. Gapinski (MN) 2002–12432; FMCSA–2004–19477;
Richard L. Moreland (MO) David N. Groff (PA) FMCSA–2006–26066; FMCSA–2008–
Timothy W. Nappier (MI) Robert J. Hansen (MN) 0266; FMCSA–2009–0321; FMCSA–
Don R. Padley (MO) Kevin L. Himes (CO) 2010–0114; FMCSA–2010–0187;
Dennis D. Pimley (CA) Jackie Lee (FL) FMCSA–2010–0354; FMCSA–2010–
Monte L. Purciful (IN) Keith A. Looney (AR) 0385; FMCSA–2012–0040; FMCSA–
Michael R. Seldomridge (FL) Van C. Mac (IL) 2012–0337; FMCSA–2012–0338;
Ronald M. Scott (IN) Chris D. McCance (IL) FMCSA–2012–0339. Their exemptions
Ronald B. Shafer (MI) Michael W. McCann (VA) are effective as of February 25, 2017,
Dennis Torrence (WI) Preston Nehring (FL) and will expire on February 25, 2019.
Jeffrey T. Zuniga (CT) Dennis J. Oie (MN) In accordance with 49 U.S.C. 31315,
The drivers were included in one of Leonardo Polonski (MA) each exemption will be valid for two
the following docket Nos: FMCSA– Don C. Powell (NY) years from the effective date unless
2005–23238; FMCSA–2008–0106; Luis Ramos (FL) revoked earlier by FMCSA. The
FMCSA–2008–0340; FMCSA–2009– Kevin C. Rich (NC) exemption will be revoked if the
0291; FMCSA–2010–0201; FMCSA– Gerardo Silva (IL) following occurs: (1) The person fails to
2012–0104; FMCSA–2012–0159; James A. Spittal (OR) comply with the terms and conditions
FMCSA–2012–0214; FMCSA–2014– Paul J. Stewart (CO) of the exemption; (2) the exemption has
0004; FMCSA–2014–0006; FMCSA– David A. Stinelli (PA) resulted in a lower level of safety than
2014–0007; FMCSA–2014–0296; Ingrid V. Taylor (MI) was maintained prior to being granted;
FMCSA–2014–0298; FMCSA–2014– Bobby M. Warren (KY) or (3) continuation of the exemption
0299. Their exemptions are effective as Steven E. Williams (GA) would not be consistent with the goals
of February 5, 2017, and will expire on Vantha Yeam (PA) and objectives of 49 U.S.C. 31136 and
February 5, 2019. The drivers were included in docket 31315.
As of February 7, 2017, and in No. FMCSA–2014–0300. Their Issued on: May 8, 2017.
accordance with 49 U.S.C. 31136(e) and exemptions are effective as of February Larry W. Minor,
31315, Thomas J. Boss (IL), has satisfied 18, 2017, and will expire on February Associate Administrator for Policy.
the conditions for obtaining a renewed 18, 2019. [FR Doc. 2017–09739 Filed 5–12–17; 8:45 am]
exemption from the vision requirements As of February 25, 2017, and in
(67 FR 68719; 68 FR 2629; 69 FR 71100; BILLING CODE 4910–EX–P
accordance with 49 U.S.C. 31136(e) and
72 FR 1054; 74 FR 980; 76 FR 4414; 78 31315, the following 19 individuals
FR 798; 80 FR 5615). have satisfied the conditions for
The driver was included in docket DEPARTMENT OF TRANSPORTATION
obtaining a renewed exemption from the
No. FMCSA–2002–12844. The vision requirements (67 FR 54525; 68 Federal Motor Carrier Safety
exemption is effective as of February 7, FR 8794; 69 FR 64806; 70 FR 2705; 70 Administration
2017, and will expire on February 7, FR 8659; 71 FR 63380; 72 FR 1050; 72
2019. FR 1056; 72 FR 5489; 73 FR 51689; 73 [Docket No. FMCSA–2007–28043]
As of February 11, 2017, and in FR 63047; 73 FR 76439; 74 FR 981; 74
jstallworth on DSK7TPTVN1PROD with NOTICES
accordance with 49 U.S.C. 31136(e) and Hours of Service (HOS) of Drivers;
FR 6207; 75 FR 1835; 75 FR 9482; 75 FR American Pyrotechnics Assn. (APA)
31315, the following 5 individuals have 34209; 75 FR 47883; 75 FR 47886; 75 FR
satisfied the conditions for obtaining a Application for Exemption From the
63255; 75 FR 72863; 75 FR 77942; 75 FR 14-Hour Rule; Request To Add New
renewed exemption from the vision 79083; 75 FR 79084; 76 FR 2190; 76 FR
requirements (77 FR 70534; 78 FR 9772; Member to Current APA Exemption
4414; 76 FR 5425; 76 FR 8809; 77 FR
80 FR 3308): 23799; 77 FR 33558; 77 FR 70534; 77 FR AGENCY:Federal Motor Carrier Safety
Douglas Eamens (NY) 74731; 77 FR 75496; 78 FR 1919; 78 FR Administration (FMCSA), DOT.
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ACTION:Notice of application for from the public to better inform its ‘‘Search.’’ Next, click ‘‘Open Docket
exemption; request for comments. rulemaking process. DOT posts these Folder’’ button and choose the
comments, without edit, including any document listed to review. If you do not
SUMMARY: The American Pyrotechnics personal information the commenter have access to the Internet, you may
Association (APA), has requested an provides, to www.regulations.gov, as view the docket online by visiting the
exemption for a member company, Pyro described in the system of records Docket Management Facility in Room
Shows of Alabama, Inc., from the notice (DOT/ALL–14 FDMS), which can W12–140 on the ground floor of the
prohibition on driving commercial be reviewed at www.dot.gov/privacy. DOT West Building, 1200 New Jersey
motor vehicles (CMVs) after the 14th FOR FURTHER INFORMATION CONTACT: Mr. Avenue SE., Washington, DC 20590,
hour after the driver comes on duty. Thomas Yager, Chief, FMCSA Driver between 9 a.m. and 5 p.m., e.t., Monday
Fifty-one APA members currently hold and Carrier Operations Division; Office through Friday, except Federal holidays.
such an exemption during the of Carrier, Driver and Vehicle Safety
Independence Day period each year, II. Legal Basis
Standards; Telephone: 614–942–6477.
terminating on July 8, 2020. If granted, Email: MCPSD@dot.gov. If you have FMCSA has authority under 49 U.S.C.
this exemption would terminate at the questions on viewing or submitting 31136(e) and 31315 to grant exemptions
same time as the other 51 exempted material to the docket, contact Docket from certain parts of the Federal Motor
carriers. The APA maintains that the Services, telephone (202) 366–9826. Carrier Safety Regulations. FMCSA must
terms and conditions of the limited SUPPLEMENTARY INFORMATION:
publish a notice of each exemption
exemption would ensure a level of request in the Federal Register (49 CFR
safety equivalent to, or greater than, the I. Public Participation and Request for 381.315(a)). The Agency must provide
level of safety achieved without the Comments the public an opportunity to inspect the
exemption. FMCSA encourages you to participate information relevant to the application,
by submitting comments and related including any safety analyses that have
DATES: June 14, 2017.
materials. been conducted. The Agency must also
ADDRESSES: You may submit comments provide an opportunity for public
bearing the Federal Docket Management Submitting Comments comment on the request.
System (FDMS) Docket ID FMCSA– If you submit a comment, please The Agency reviews the safety
2007–28043 using any of the following include the docket number for this analyses and the public comments, and
methods: notice (FMCSA–2007–28043), indicate determines whether granting the
• Federal eRulemaking Portal: the specific section of this document to exemption would likely achieve a level
www.regulations.gov. Follow the online which the comment applies, and of safety equivalent to, or greater than,
instructions for submitting comments. provide a reason for suggestions or the level that would be achieved by the
• Mail: Docket Management Facility, recommendations. You may submit current regulation (49 CFR 381.305).
U.S. Department of Transportation, 1200 your comments and material online or The decision of the Agency must be
New Jersey Avenue SE., West Building, by fax, mail, or hand delivery, but published in the Federal Register (49
Ground Floor, Room W12–140, please use only one of these means. CFR 381.315(b)) with the reason for the
Washington, DC 20590–0001. FMCSA recommends that you include grant or denial, and, if granted, the
• Hand Delivery or Courier: West your name and a mailing address, an specific person or class of persons
Building, Ground Floor, Room W12– email address, or a phone number in the receiving the exemption, and the
140, 1200 New Jersey Avenue SE., body of your document so the Agency regulatory provision or provisions from
between 9 a.m. and 5 p.m., Monday can contact you if it has questions which exemption is granted. The notice
through Friday, except Federal holidays. regarding your submission. must also specify the effective period of
• Fax: 1–202–493–2251 To submit your comment online, go to the exemption (up to 5 years), and
Each submission must include the www.regulations.gov and put the docket explain the terms and conditions of the
Agency name and the docket number for number, ‘‘FMCSA–2007–28043’’ in the exemption. The exemption may be
this notice. Note that DOT posts all ‘‘Keyword’’ box, and click ‘‘Search.’’ renewed (49 CFR 381.300(b)).
comments received without change to When the new screen appears, click on
www.regulations.gov, including any APA Application for Exemption
‘‘Comment Now!’’ button and type your
personal information included in a comment into the text box in the The HOS rule in 49 CFR 395.3(a)(2)
comment. Please see the Privacy Act following screen. Choose whether you prohibits the driver of a property-
heading below. are submitting your comment as an carrying CMV from driving after the
Docket: For access to the docket to individual or on behalf of a third party 14th hour after coming on duty
read background documents or and then submit. If you submit your following 10 consecutive hours off duty.
comments, go to www.regulations.gov at comments by mail or hand delivery, In 2016, the APA, a trade association
any time or visit Room W12–140 on the submit them in an unbound format, no representing the domestic fireworks
ground level of the West Building, 1200 larger than 81⁄2 by 11 inches, suitable for industry was granted exemptions for 51
New Jersey Avenue SE., Washington, copying and electronic filing. If you member companies through the annual
DC, between 9 a.m. and 5 p.m., ET, submit comments by mail and would Independence Day periods ending on
Monday through Friday, except Federal like to know that they reached the July 8, 2020 [81 FR 43701, July 5, 2016].
holidays. The on-line FDMS is available facility, please enclose a stamped, self- APA has requested an exemption for
24 hours each day, 365 days each year. addressed postcard or envelope. Pyro Shows of Alabama Incorporated,
If you want acknowledgment that we USDOT 2859710, which would increase
jstallworth on DSK7TPTVN1PROD with NOTICES
received your comments, please include Viewing Comments and Documents the total to 52. The exemption for this
a self-addressed, stamped envelope or To view comments, as well as APA carrier, if granted, would expire on
postcard or print the acknowledgement documents mentioned in this preamble July 8, 2020. Although this is less than
page that appears after submitting as being available in the docket, go to the 5-year exemption period authorized
comments on-line. www.regulations.gov and insert the by 49 U.S.C. 31315(b)(2), as amended by
Privacy Act: In accordance with 5 docket number, ‘‘FMCSA–2007–28043’’ section 5206(a)(3) of the Fixing
U.S.C. 553(c), DOT solicits comments in the ‘‘Keyword’’ box and click America’s Surface Transportation
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![22378 Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices
drivers would be subject to FMCSA • Fax: 1–202–493–2251 ‘‘Comment Now!’’ button and type your
monitoring while operating under this Each submission must include the comment into the text box in the
exemption. Agency name and the docket number for following screen. Choose whether you
Dated: May 8, 2017. this notice. Note that DOT posts all are submitting your comment as an
Larry W. Minor,
comments received without change to individual or on behalf of a third party
www.regulations.gov, including any and then submit. If you submit your
Associate Administrator for Policy.
personal information included in a comments by mail or hand delivery,
[FR Doc. 2017–09735 Filed 5–12–17; 8:45 am] submit them in an unbound format, no
comment. Please see the Privacy Act
BILLING CODE 4910–EX–P heading below. larger than 81⁄2 by 11 inches, suitable for
Docket: For access to the docket to copying and electronic filing. If you
read background documents or submit comments by mail and would
DEPARTMENT OF TRANSPORTATION like to know that they reached the
comments, go to www.regulations.gov at
Federal Motor Carrier Safety any time or visit Room W12–140 on the facility, please enclose a stamped, self-
ground level of the West Building, 1200 addressed postcard or envelope. FMCSA
Administration
New Jersey Avenue SE., Washington, will consider all comments and material
[Docket No. FMCSA–2012–0032] DC, between 9 a.m. and 5 p.m., ET, received during the comment period
Monday through Friday, except Federal and may grant or not grant this
Commercial Driver’s License holidays. The on-line FDMS is available application based on your comments.
Standards: Application for Exemption; 24 hours each day, 365 days each year.
Daimler Trucks North America II. Legal Basis
Privacy Act: In accordance with 5
(Daimler) U.S.C. 553(c), DOT solicits comments FMCSA has authority under 49 U.S.C.
from the public to better inform its 31136(e) and 31315 to grant exemptions
AGENCY: Federal Motor Carrier Safety
rulemaking process. DOT posts these from the Federal Motor Carrier Safety
Administration (FMCSA), DOT.
comments, without edit, including any Regulations. FMCSA must publish a
ACTION: Notice of application for notice of each exemption request in the
exemption; request for comments. personal information the commenter
provides, to www.regulations.gov, as Federal Register (49 CFR 381.315(a)).
SUMMARY: FMCSA announces that described in the system of records The Agency must provide the public an
Daimler Trucks North America notice (DOT/ALL–14 FDMS), which can opportunity to inspect the information
(Daimler) has requested an exemption be reviewed at www.dot.gov/privacy. relevant to the application, including
for one commercial motor vehicle any safety analyses that have been
FOR FURTHER INFORMATION CONTACT: Mr. conducted. The Agency must also
(CMV) driver from the Federal Thomas Yager, Chief, FMCSA Driver
requirement to hold a U.S. commercial provide an opportunity for public
and Carrier Operations Division; Office comment on the request.
driver’s license (CDL). Daimler requests of Carrier, Driver and Vehicle Safety The Agency reviews the safety
an exemption for Mr. Philipp Helbing, Standards; Telephone: 614–942–6477. analyses and the public comments, and
executive assistant for Daimler Trucks Email: MCPSD@dot.gov. If you have determines whether granting the
and Bus Division. Mr. Helbing holds a questions on viewing or submitting exemption would likely achieve a level
valid German commercial license and material to the docket, contact Docket of safety equivalent to, or greater than,
wants to test drive Daimler vehicles on Services, telephone (202) 366–9826. the level that would be achieved by the
U.S. roads to better understand product SUPPLEMENTARY INFORMATION: current regulation (49 CFR 381.305).
requirements in ‘‘real world’’
I. Public Participation and Request for The decision of the Agency must be
environments, and verify results.
Comments published in the Federal Register (49
Daimler believes the requirements for a
CFR 381.315(b)) with the reason for the
German commercial license ensure that FMCSA encourages you to participate grant or denial, and, if granted, the
operation under the exemption will by submitting comments and related specific person or class of persons
likely achieve a level of safety materials. receiving the exemption, and the
equivalent to or greater than the level
Submitting Comments regulatory provision or provisions from
that would be obtained in the absence
which exemption is granted. The notice
of the exemption. If you submit a comment, please must also specify the effective period of
DATES: Comments must be received on include the docket number for this the exemption (up to 5 years), and
or before June 14, 2017. notice (FMCSA–2012–0032), indicate explain the terms and conditions of the
ADDRESSES: You may submit comments the specific section of this document to exemption. The exemption may be
bearing the Federal Docket Management which the comment applies, and renewed (49 CFR 381.300(b)).
System (FDMS) Docket ID FMCSA– provide a reason for suggestions or
2012–0032 using any of the following recommendations. You may submit III. Request for Exemption
methods: your comments and material online or Daimler has applied for an exemption
• Federal eRulemaking Portal: by fax, mail, or hand delivery, but for Philipp Helbing from 49 CFR 383.23,
www.regulations.gov. Follow the online please use only one of these means. which prescribes licensing requirements
instructions for submitting comments. FMCSA recommends that you include for drivers operating CMVs in interstate
• Mail: Docket Management Facility, your name and a mailing address, an or intrastate commerce. Mr. Helbing is
U.S. Department of Transportation, 1200 email address, or a phone number in the unable to obtain a CDL in any of the
New Jersey Avenue SE., West Building, body of your document so the Agency
jstallworth on DSK7TPTVN1PROD with NOTICES
U.S. States due to his lack of residency
Ground Floor, Room W12–140, can contact you if it has questions in the United States. A copy of the
Washington, DC 20590–0001. regarding your submission. application is in Docket No. FMCSA–
• Hand Delivery or Courier: West To submit your comment online, go to 2012–0032.
Building, Ground Floor, Room W12– www.regulations.gov and put the docket The exemption would allow Mr.
140, 1200 New Jersey Avenue SE., number, ‘‘FMCSA–2012–0032’’ in the Helbing to operate CMVs in interstate or
between 9 a.m. and 5 p.m., Monday ‘‘Keyword’’ box, and click ‘‘Search.’’ intrastate commerce to support Daimler
through Friday, except Federal holidays. When the new screen appears, click on field tests designed to meet future
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Document Created: 2017-05-13 02:38:38
Document Modified: 2017-05-13 02:38:38
| 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 exemption; request for comments. | |
| Dates | June 14, 2017. | |
| Contact | Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 82 FR 22375 |
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