82 FR 31683 - 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 129 (July 7, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 129 (July 7, 2017)
| Page Range | 31683-31686 | |
| FR Document | 2017-14262 |
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)] [Notices] [Pages 31683-31686] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14262] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-28043] Hours of Service (HOS) of Drivers; American Pyrotechnics Assn. (APA) Application for Exemption From the 14-Hour Rule; Request To Add New Member to Current APA Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to grant an exemption to the American Pyrotechnics Association's (APA) new member-company, Pyro Shows of Alabama, Inc., from the prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty. During the 2016 Independence Day period 51 APA members held such an exemption, effective during the period June 28 through July 8 each year through 2020. APA advised FMCSA of the discontinuance of the exemption for one carrier; with the addition of the new member the total remains at 51. The exemption granted to Pyro Shows of Alabama, Inc. will terminate at the same time as the other 50 exempted carriers. FMCSA has determined that the terms and conditions of the exemption ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption. DATES: These exemptions from 49 CFR 395.3(a)(2) are effective from June 28 through July 8, at 11:59 p.m. local time, each year through 2020. ADDRESSES: Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [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 Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ``FMCSA-2007-28043'' in the ``Keyword'' box and click ``Search.'' Next, click ``Open Docket Folder'' button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR [[Page 31684]] 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is granted. The notice must also specify the effective period of the exemption (up to 5 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). APA Application for Exemption The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a property-carrying CMV from driving a commercial motor vehicle (CMV) after the 14th hour after coming on duty following 10 consecutive hours off duty. The APA, a trade association representing the domestic fireworks industry, was granted exemptions for 51 member companies through the annual Independence Day periods ending on July 8, 2020 [81 FR 43701, July 5, 2016]. APA has requested an additional exemption for Pyro Shows of Alabama Inc. (USDOT 2859710) and the discontinuance of an exemption for Pyrotechnico, LLC, also known as Wild Dragon Fireworks (USDOT 548303), maintaining the total at 51. Like the other carriers currently operating under the exemption, Pyro Shows of Alabama's exemption will also expire on July 8, 2020. Although this is less than the 5-year exemption period authorized by 49 U.S.C. 31315(b)(2), as amended by section 5206(a)(3) of the FAST Act, FMCSA believes that the interests of the APA members and the Agency would best be served by harmonizing, as far as possible, the expiration dates of all such fireworks-related exemptions. Like the other 50 member-companies, this additional member company would be subject to all of the terms and conditions of the exemption. The initial APA application for relief from the 14-hour rule was submitted in 2004; a copy is in the docket. That application fully described the nature of the pyrotechnic operations of the CMV drivers during a typical Independence Day period. As stated in the 2004 request, the CMV drivers employed by APA member companies are trained pyro-technicians who hold commercial driver's licenses (CDLs) with hazardous materials (HM) endorsements. They transport fireworks and related equipment by CMVs on a very demanding schedule during a brief Independence Day period, often to remote locations. After they arrive, the drivers are responsible for set-up and staging of the fireworks shows. The APA states that it is seeking an additional exemption for Pyro Shows of Alabama, Inc. because compliance with the current 14-hour rule in 49 CFR 395.3(a)(2) would impose a substantial economic hardship on numerous cities, towns and municipalities, as well as its member companies. To meet the demand for fireworks without the exemptions, APA states that its member companies would be required to hire a second driver for most trips. The APA advises that the result would be a substantial increase in the cost of the fireworks shows--beyond the means of many of its members' customers--and that many Americans would be denied this important component of the celebration of Independence Day. The 50 APA member companies currently exempt (as well as Pyro Shows of Alabama, seeking an exemption for the first time) are listed in an appendix to this notice. Pyro Shows of Alabama is identified with an asterisk. A copy of the request for the exemption is included in the docket referenced at the beginning of this notice. Method To Ensure an Equivalent or Greater Level of Safety The APA believes that the exemption would not adversely affect the safety of the fireworks transportation provided by this motor carrier. According to APA, its member-companies have operated under this exemption for 10 previous Independence Day periods without a reported motor carrier safety incident. Moreover, it asserts, without the extra time provided by the exemption, safety would decline because APA drivers would be unable to return to their home base after each show. They would be forced to park the CMVs carrying HM 1.1G, 1.3G and 1.4G products in areas less secure than the motor carrier's home base. As a condition of holding the exemption, each motor carrier will be required to notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5) involving the operation of any its CMVs while under this exemption. To date, FMCSA has received no accident notifications, nor is the Agency aware of any accidents reportable under terms of the prior APA exemptions. In its exemption request, APA asserts that the operational demands of this unique industry minimize the risks of CMV crashes. In the last few days before July 4, these drivers transport fireworks over relatively short routes from distribution points to the site of the fireworks display, and normally do so in the early morning when traffic is light. At the site, they spend considerable time installing, wiring, and safety-checking the fireworks displays, followed by several hours off duty in the late afternoon and early evening prior to the event. During this time, the drivers are able to rest and nap, thereby reducing or eliminating the fatigue accumulated during the day. Before beginning another duty day, these drivers must take 10 consecutive hours off duty, the same as other CMV drivers. Public Comments On May 15, 2017, FMCSA published notice of this application and requested public comments (82 FR 22375). One comment was submitted by an individual who objected to the exemption, stating ``Thank you. I am dead set against this especially with one of the last lines of this article, stating it would mean having to hire 2 drivers. Point being? Hire a second driver and quit it.'' FMCSA Response FMCSA has determined that granting an exemption to Pyro Shows of Alabama, Inc. will achieve a level of safety equivalent to or greater than the level that compliance with the 14-hour rule would ensure. Prior to publishing the Federal Register notice announcing the receipt of APA's application to add Pyro Shows of Alabama to the current list of carriers operating under the exemption, FMCSA ensured that the motor carrier possessed an active USDOT registration, minimum required levels of insurance, and was not subject to any ``imminent hazard'' or other out-of-service (OOS) orders. The Agency conducted a comprehensive investigation of the safety performance history on each of the motor carriers listed in the appendix table during the review process. As part of this process, FMCSA reviewed its Motor Carrier Management Information System safety records, including inspection and accident reports submitted to FMCSA by State agencies. With regard to safety statistics, none of the carriers, including Pyro Shows of Alabama, was under an imminent [[Page 31685]] hazard or OOS order, had any alerts in the Safety Management System (SMS), or was under investigation by the Pipeline and Hazardous Materials Safety Administration. All had ``satisfactory'' safety ratings based on compliance reviews, and all had valid Hazardous Materials Safety Permits. Terms and Conditions of the Exemption Period of the Exemption The exemption from 49 CFR 395.3(a)(2) is effective from June 28 through July 8, at 11:59 p.m. local time, each year through 2020 for the 51 carriers identified in this notice. Terms and Conditions of the Exemption The exemptions from 49 CFR 395.3(a)(2) will be limited to drivers employed by the 50 motor carriers already covered by the exemption, and drivers employed by Pyro Shows of Alabama, which is identified by an asterisk in the appendix table of this notice. Section 395.3(a)(2) prohibits a driver from driving a CMV after the 14th hour after coming on duty and does not permit off-duty periods to extend the 14-hour limit. Drivers covered by this exemption may exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour limit. This exemption is contingent on each driver driving no more than 11 hours in the 14-hour period after coming on duty, as extended by any off-duty or sleeper-berth time in accordance with this exception. The exemption is further contingent on each driver having a full 10 consecutive hours off duty following 14 hours on duty prior to beginning a new driving period. The carriers and drivers must comply with all other requirements of the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399) and Hazardous Materials Regulations (49 CFR parts 105-180). Preemption In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. FMCSA Notification Exempt motor carriers are required to notify FMCSA within 5 business days of any accidents (as defined by 49 CFR 390.5) involving the operation of any of their CMVs while under this exemption. The notification must be by email to [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 will experience any deterioration of their safety record. However, should this occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA will immediately revoke the exemption for failure to comply with its terms and conditions. Exempt motor carriers and drivers would be subject to FMCSA monitoring while operating under this exemption. Issued on: June 29, 2017. Randi F. Hutchinson, Chief Counsel. Appendix to Notice of Application for Approval of Motor Carriers To Utilize American Pyrotechnics Association's (APA) Exemption From the 14-Hour Rule During 2017 Independence Day Celebrations ---------------------------------------------------------------------------------------------------------------- Motor carrier Street address City, state, zip code DOT No. ---------------------------------------------------------------------------------------------------------------- 1 American Fireworks Company........ 7041 Darrow Road....... Hudson, OH 44236...... 103972 2 American Fireworks Display, LLC... P.O. Box 980........... Oxford, NY 13830...... 2115608 3 AM Pyrotechnics, LLC.............. 2429 East 535th Rd..... Buffalo, MO 65622..... 1034961 4 Arthur Rozzi Pyrotechnics......... 6607 Red Hawk Ct....... Maineville, OH 45039.. 2008107 5 Atlas PyroVision Entertainment 136 Old Sharon Rd...... Jaffrey, NH 03452..... 789777 Group, Inc. 6 Central States Fireworks, Inc..... 18034 Kincaid Street... Athens, IL 62613...... 1022659 7 East Coast Pyrotechnics, Inc...... 4652 Catawba River Rd.. Catawba, SC 29704..... 545033 8 Entertainment Fireworks, Inc...... 13313 Reeder Road SW... Tenino, WA 98589...... 680942 9 Falcon Fireworks.................. 3411 Courthouse Road... Guyton, GA 31312...... 1037954 10 Fireworks & Stage FX America..... 12650 Hwy 67S. Suite B. Lakeside, CA 92040.... 908304 11 Fireworks by Grucci, Inc......... 20 Pinehurst Drive..... Bellport, NY 11713.... 324490 12 Flashing Thunder Fireworks dba 700 E Van Buren Street. Mitchell, IA 50461.... 420413 Legal Aluminum King Mtg. 13 J&J Computing dba Fireworks 174 Route 17 North..... Rochelle Park, NJ 2064141 Extravaganza. 07662. 14 Gateway Fireworks Displays....... P.O. Box 39327......... St Louis, MO 63139.... 1325301 15 Great Lakes Fireworks............ 24805 Marine........... Eastpointe, MI 48021.. 1011216 16 Hamburg Fireworks Display, Inc... 2240 Horns Mill Road SE Lancaster, OH......... 395079 17 Hawaii Explosives & Pyrotechnics, 17-7850 N. Kulani Road. Mountain View, HI 1375918 Inc. 96771. 18 Hollywood Pyrotechnics, Inc...... 1567 Antler Point...... Eagan, MN 55122....... 1061068 19 Homeland Fireworks, Inc.......... P.O. Box 7............. Jamieson, OR 97909.... 1377525 20 Island Fireworks Co., Inc........ N1597 County Rd VV..... Hager City, WI 54014.. 414583 21 J&M Displays, Inc................ 18064 170th Ave........ Yarmouth, IA 52660.... 377461 22 Lantis Fireworks, Inc............ 130 Sodrac Dr., Box 229 N. Sioux City, SD 534052 57049. 23 Legion Fireworks Co., Inc........ 10 Legion Lane......... Wappingers Falls, NY 554391 12590. 24 Miand Inc. dba Planet Productions P.O. Box 294, 3999 Hupp Kingsbury, IN 46345... 777176 (Mad Bomber). Road R31. [[Page 31686]] 25 Martin & Ware Inc. dba Pyro City P.P. Box 322........... Hallowell, ME 04347... 734974 Maine & Central Maine Pyrotechnics. 26 Melrose Pyrotechnics, Inc........ 1 Kinsgubury Industrial Kingsbury, IN 46345... 434586 Park. 27 Precocious Pyrotechnics, Inc..... 4420-278th Ave NW...... Belgrade, MN 56312.... 435931 28 Pyro Shows, Inc.................. 115 N 1st Street....... LaFollette, TN 37766.. 456818 29 *Pyro Shows of Alabama, Inc...... 3325 Poplar Lane....... Adamsville, AL 35005.. 2859710 30 Pyro Shows of Texas, Inc......... 6601 9 Mile Azle Rd.... Fort Worth, TX 76135.. 2432196 31 Pyro Engineering Inc., dba/Bay 400 Broadhollow Rd. Ste Farmindale, NY 11735.. 530262 Fireworks. #3. 32 Pyro Spectaculars, Inc........... 3196 N Locust Ave...... Rialto, CA 92376...... 029329 33 Pyro Spectaculars North, Inc..... 5301 Lang Avenue....... McClellan, CA 95652... 1671438 34 Pyrotechnic Display, Inc......... 8450 W. St. Francis Rd. Frankfort, IL 60423... 1929883 35 Pyrotecnico (S. Vitale 302 Wilson Rd.......... New Castle, PA 16105.. 526749 Pyrotechnic Industries, Inc.). 36 Pyrotecnico FX................... 6965 Speedway Blvd. Las Vegas, NV 89115... 1610728 Suite 115. 37 Rainbow Fireworks, Inc........... 76 Plum Ave............ Inman, KS 67546....... 1139643 38 RES Specialty Pyrotechnics....... 21595 286th St......... Belle Plaine, MN 56011 523981 39 Rozzi's Famous Fireworks, Inc.... 11605 North Lebanon Rd. Loveland, OH 45140.... 0483686 40 Sky Wonder Pyrotechnics, LLC..... 3626 CR 203............ Liverpool, TX 77577... 1324580 41 Skyworks, Ltd.................... 13513 W. Carrier Rd.... Carrier, OK 73727..... 1421047 42 Sorgi American Fireworks 935 Wales Ridge Rd..... Wales, MI 48027....... 2475727 Michigan, LLC. 43 Spielbauer Fireworks Co, Inc..... 220 Roselawn Blvd...... Green Bay, WI 54301... 046479 44 Spirit of 76..................... 6401 West Hwy 40....... Columbia, MO 65202.... 2138948 45 Starfire Corporation............. 682 Cole Road.......... Carrolltown, PA 15722. 554645 46 Vermont Fireworks Co., Inc./ 2235 Vermont Route 14 East Montpelier, VT 310632 Northstar Fireworks Co., Inc. South. 05651. 47 Western Display Fireworks, Ltd... 10946 S. New Era Rd.... Canby, OR 97013....... 498941 48 Western Enterprises, Inc......... P.O. Box 160........... Carrier, OK 73727..... 203517 49 Wolverine Fireworks Display, Inc. 205 W Seidlers......... Kawkawlin, MI......... 376857 50 Young Explosives Corp............ P.O. Box 18653......... Rochester, NY 14618... 450304 51 Zambelli Fireworks MFG, Co., Inc. P.O. Box 1463.......... New Castle, PA 16103.. 033167 ---------------------------------------------------------------------------------------------------------------- * Not included in 2016 list of approved carriers. [FR Doc. 2017-14262 Filed 7-3-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices 31683
CFR 390.5 and as well as in section The Agency received no comments to through July 8, at 11:59 p.m. local time,
390.5T while in effect). the 60-day Federal Register notice each year through 2020.
published on March 22, 2017 (82 FR ADDRESSES:
Background
14793). Docket: For access to the docket to
Title 49 of the Code of Federal read background documents or
Regulations, section 390.15(b), requires Public Comments Invited
comments, go to www.regulations.gov at
motor carriers to make certain specified FMCSA requests that you comment any time or visit Room W12–140 on the
records and information pertaining to on any aspect of this information ground level of the West Building, 1200
CMV accidents available to an collection, including: (1) Whether the New Jersey Avenue SE., Washington,
authorized representative or special proposed collection is necessary for DC, between 9 a.m. and 5 p.m., ET,
agent of the FMCSA upon request or as FMCSA to perform its functions, (2) the Monday through Friday, except Federal
part of an inquiry. Motor carriers are accuracy of the estimated burden, (3) holidays. The on-line Federal Docket
required to maintain an ‘‘accident ways for the FMCSA to enhance the Management System (FDMS) is
register’’ consisting of information quality, usefulness, and clarity of the available 24 hours each day, 365 days
concerning all ‘‘accidents’’ involving collected information, and (4) ways that each year. If you want acknowledgment
their CMVs (49 CFR 390.15(b)(see the burden could be minimized without that we received your comments, please
‘‘Definition: Accident,’’ above). The reducing the quality of the collected include a self-addressed, stamped
following information must be recorded information. envelope or postcard or print the
for each accident: Date, location, driver Issued under the authority delegated in 49 acknowledgement page that appears
name, number of injuries, number of CFR 1.87 on: June 28, 2017. after submitting comments on-line.
fatalities, and whether certain G. Kelly Regal, Privacy Act: In accordance with 5
dangerous hazardous materials were Associate Administrator for Office of U.S.C. 553(c), DOT solicits comments
released. In addition, the motor carrier Research and Information Technology. from the public to better inform its
must maintain copies of all accident [FR Doc. 2017–14272 Filed 7–6–17; 8:45 am] rulemaking process. DOT posts these
reports required by insurers or comments, without edit, including any
BILLING CODE 4910–EX–P
governmental entities. Motor carriers personal information the commenter
must maintain this information for three provides, to www.regulations.gov, as
years after the date of the accident. DEPARTMENT OF TRANSPORTATION described in the system of records
Section 390.15 does not require motor notice (DOT/ALL–14 FDMS), which can
carriers to submit any information or Federal Motor Carrier Safety be reviewed at www.dot.gov/privacy.
records to FMCSA or any other party. Administration FOR FURTHER INFORMATION CONTACT: Mr.
This ICR supports the DOT strategic
goal of safety. By requiring motor [Docket No. FMCSA–2007–28043] Thomas Yager, Chief, FMCSA Driver
carriers to gather and record information and Carrier Operations Division; Office
Hours of Service (HOS) of Drivers; of Carrier, Driver and Vehicle Safety
concerning CMV accidents, FMCSA is American Pyrotechnics Assn. (APA)
strengthening its ability to assess the Standards; Telephone: 614–942–6477.
Application for Exemption From the Email: MCPSD@dot.gov. If you have
safety performance of motor carriers. 14-Hour Rule; Request To Add New
This information is a valuable resource questions on viewing or submitting
Member to Current APA Exemption material to the docket, contact Docket
in Agency initiatives to prevent, and
reduce the severity of, CMV crashes. AGENCY: Federal Motor Carrier Safety Services, telephone (202) 366–9826.
The Agency increases its burden Administration (FMCSA), DOT. SUPPLEMENTARY INFORMATION:
estimate from 26,700 to 36,157 hours. ACTION: Notice of final disposition. I. Public Participation
The regulatory requirement has not
changed for accident recordkeeping. SUMMARY: FMCSA announces its Viewing Comments and Documents
The increase is due to two revised decision to grant an exemption to the To view comments, as well as
estimates: (1) The population of motor American Pyrotechnics Association’s documents mentioned in this preamble
carriers subject to the regulation, from (APA) new member-company, Pyro as being available in the docket, go to
520,000 to 886,122, and (2) the number Shows of Alabama, Inc., from the www.regulations.gov and insert the
of reportable accidents, from 89,000 to prohibition on driving commercial docket number, ‘‘FMCSA–2007–28043’’
120,522. The Agency has amended the motor vehicles (CMVs) after the 14th in the ‘‘Keyword’’ box and click
population of motor carriers to include hour after the driver comes on duty. ‘‘Search.’’ Next, click ‘‘Open Docket
the accident recordkeeping burden of During the 2016 Independence Day Folder’’ button and choose the
intrastate motor carriers. In past period 51 APA members held such an document listed to review. If you do not
estimates, the Agency had taken the exemption, effective during the period have access to the Internet, you may
position that the accident recordkeeping June 28 through July 8 each year view the docket online by visiting the
of intrastate carriers occurred as a result through 2020. APA advised FMCSA of Docket Management Facility in Room
of State law. However, the OMB has the discontinuance of the exemption for W12–140 on the ground floor of the
directed FMCSA to include such one carrier; with the addition of the new DOT West Building, 1200 New Jersey
intrastate activities in its IC estimates, member the total remains at 51. The Avenue SE., Washington, DC 20590,
so we do so in this burden estimate exemption granted to Pyro Shows of between 9 a.m. and 5 p.m., e.t., Monday
Alabama, Inc. will terminate at the same
asabaliauskas on DSKBBXCHB2PROD with NOTICES
statement for the first time. The Agency through Friday, except Federal holidays.
estimates that 886,122 motor carriers are time as the other 50 exempted carriers.
subject to accident register requirements FMCSA has determined that the terms II. Legal Basis
(508,367 interstate and 377,755 and conditions of the exemption ensure FMCSA has authority under 49 U.S.C.
intrastate motor carriers). The Agency a level of safety equivalent to, or greater 31136(e) and 31315 to grant exemptions
further estimates that the number of than, the level of safety achieved from certain parts of the Federal Motor
accidents that must be reported by without the exemption. Carrier Safety Regulations. FMCSA must
intrastate or interstate motor carriers is DATES: These exemptions from 49 CFR publish a notice of each exemption
120,522. 395.3(a)(2) are effective from June 28 request in the Federal Register (49 CFR
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![31684 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
381.315(a)). The Agency must provide the pyrotechnic operations of the CMV received no accident notifications, nor
the public an opportunity to inspect the drivers during a typical Independence is the Agency aware of any accidents
information relevant to the application, Day period. reportable under terms of the prior APA
including any safety analyses that have As stated in the 2004 request, the exemptions.
been conducted. The Agency must also CMV drivers employed by APA member In its exemption request, APA asserts
provide an opportunity for public companies are trained pyro-technicians that the operational demands of this
comment on the request. who hold commercial driver’s licenses unique industry minimize the risks of
The Agency reviews the safety (CDLs) with hazardous materials (HM) CMV crashes. In the last few days before
analyses and the public comments, and endorsements. They transport fireworks July 4, these drivers transport fireworks
determines whether granting the and related equipment by CMVs on a over relatively short routes from
exemption would likely achieve a level very demanding schedule during a brief distribution points to the site of the
of safety equivalent to, or greater than, Independence Day period, often to fireworks display, and normally do so in
the level that would be achieved by the remote locations. After they arrive, the the early morning when traffic is light.
current regulation (49 CFR 381.305). drivers are responsible for set-up and At the site, they spend considerable
The decision of the Agency must be staging of the fireworks shows. time installing, wiring, and safety-
published in the Federal Register (49 The APA states that it is seeking an checking the fireworks displays,
CFR 381.315(b)) with the reason for the additional exemption for Pyro Shows of followed by several hours off duty in the
grant or denial, and, if granted, the Alabama, Inc. because compliance with late afternoon and early evening prior to
specific person or class of persons the current 14-hour rule in 49 CFR the event. During this time, the drivers
receiving the exemption, and the 395.3(a)(2) would impose a substantial are able to rest and nap, thereby
regulatory provision or provisions from economic hardship on numerous cities, reducing or eliminating the fatigue
which exemption is granted. The notice towns and municipalities, as well as its accumulated during the day. Before
must also specify the effective period of member companies. To meet the beginning another duty day, these
the exemption (up to 5 years), and demand for fireworks without the drivers must take 10 consecutive hours
explain the terms and conditions of the exemptions, APA states that its member off duty, the same as other CMV drivers.
exemption. The exemption may be companies would be required to hire a
second driver for most trips. The APA Public Comments
renewed (49 CFR 381.300(b)).
advises that the result would be a On May 15, 2017, FMCSA published
APA Application for Exemption substantial increase in the cost of the notice of this application and requested
The HOS rule in 49 CFR 395.3(a)(2) fireworks shows—beyond the means of public comments (82 FR 22375). One
prohibits the driver of a property- many of its members’ customers—and comment was submitted by an
carrying CMV from driving a that many Americans would be denied individual who objected to the
commercial motor vehicle (CMV) after this important component of the exemption, stating ‘‘Thank you. I am
the 14th hour after coming on duty celebration of Independence Day. The dead set against this especially with one
following 10 consecutive hours off duty. 50 APA member companies currently of the last lines of this article, stating it
The APA, a trade association exempt (as well as Pyro Shows of would mean having to hire 2 drivers.
representing the domestic fireworks Alabama, seeking an exemption for the Point being? Hire a second driver and
industry, was granted exemptions for 51 first time) are listed in an appendix to quit it.’’
member companies through the annual this notice. Pyro Shows of Alabama is
Independence Day periods ending on FMCSA Response
identified with an asterisk. A copy of
July 8, 2020 [81 FR 43701, July 5, 2016]. the request for the exemption is FMCSA has determined that granting
APA has requested an additional included in the docket referenced at the an exemption to Pyro Shows of
exemption for Pyro Shows of Alabama beginning of this notice. Alabama, Inc. will achieve a level of
Inc. (USDOT 2859710) and the safety equivalent to or greater than the
discontinuance of an exemption for Method To Ensure an Equivalent or level that compliance with the 14-hour
Pyrotechnico, LLC, also known as Wild Greater Level of Safety rule would ensure. Prior to publishing
Dragon Fireworks (USDOT 548303), The APA believes that the exemption the Federal Register notice announcing
maintaining the total at 51. Like the would not adversely affect the safety of the receipt of APA’s application to add
other carriers currently operating under the fireworks transportation provided by Pyro Shows of Alabama to the current
the exemption, Pyro Shows of this motor carrier. According to APA, its list of carriers operating under the
Alabama’s exemption will also expire member-companies have operated exemption, FMCSA ensured that the
on July 8, 2020. Although this is less under this exemption for 10 previous motor carrier possessed an active
than the 5-year exemption period Independence Day periods without a USDOT registration, minimum required
authorized by 49 U.S.C. 31315(b)(2), as reported motor carrier safety incident. levels of insurance, and was not subject
amended by section 5206(a)(3) of the Moreover, it asserts, without the extra to any ‘‘imminent hazard’’ or other out-
FAST Act, FMCSA believes that the time provided by the exemption, safety of-service (OOS) orders. The Agency
interests of the APA members and the would decline because APA drivers conducted a comprehensive
Agency would best be served by would be unable to return to their home investigation of the safety performance
harmonizing, as far as possible, the base after each show. They would be history on each of the motor carriers
expiration dates of all such fireworks- forced to park the CMVs carrying HM listed in the appendix table during the
asabaliauskas on DSKBBXCHB2PROD with NOTICES
related exemptions. Like the other 50 1.1G, 1.3G and 1.4G products in areas review process. As part of this process,
member-companies, this additional less secure than the motor carrier’s FMCSA reviewed its Motor Carrier
member company would be subject to home base. As a condition of holding Management Information System safety
all of the terms and conditions of the the exemption, each motor carrier will records, including inspection and
exemption. be required to notify FMCSA within 5 accident reports submitted to FMCSA
The initial APA application for relief business days of any accident (as by State agencies.
from the 14-hour rule was submitted in defined in 49 CFR 390.5) involving the With regard to safety statistics, none
2004; a copy is in the docket. That operation of any its CMVs while under of the carriers, including Pyro Shows of
application fully described the nature of this exemption. To date, FMCSA has Alabama, was under an imminent
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![31686 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
Motor carrier Street address City, state, zip code DOT No.
25 Martin & Ware Inc. dba Pyro City Maine & Central Maine P.P. Box 322 ........................... Hallowell, ME 04347 ............... 734974
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 Alabama, Inc ........................................... 3325 Poplar Lane ................... Adamsville, AL 35005 ............. 2859710
30 Pyro Shows of Texas, Inc ................................................. 6601 9 Mile Azle Rd ............... Fort Worth, TX 76135 ............. 2432196
31 Pyro Engineering Inc., dba/Bay Fireworks ....................... 400 Broadhollow Rd. Ste #3 .. Farmindale, NY 11735 ............ 530262
32 Pyro Spectaculars, Inc ...................................................... 3196 N Locust Ave ................. Rialto, CA 92376 .................... 029329
33 Pyro Spectaculars North, Inc ............................................ 5301 Lang Avenue ................. McClellan, CA 95652 .............. 1671438
34 Pyrotechnic Display, Inc ................................................... 8450 W. St. Francis Rd .......... Frankfort, IL 60423 ................. 1929883
35 Pyrotecnico (S. Vitale Pyrotechnic Industries, Inc.) ......... 302 Wilson Rd ........................ New Castle, PA 16105 ........... 526749
36 Pyrotecnico FX .................................................................. 6965 Speedway Blvd. Suite Las Vegas, NV 89115 ............ 1610728
115.
37 Rainbow Fireworks, Inc .................................................... 76 Plum Ave ........................... Inman, KS 67546 .................... 1139643
38 RES Specialty Pyrotechnics ............................................. 21595 286th St ....................... Belle Plaine, MN 56011 .......... 523981
39 Rozzi’s Famous Fireworks, Inc ......................................... 11605 North Lebanon Rd ....... Loveland, OH 45140 ............... 0483686
40 Sky Wonder Pyrotechnics, LLC ........................................ 3626 CR 203 .......................... Liverpool, TX 77577 ............... 1324580
41 Skyworks, Ltd .................................................................... 13513 W. Carrier Rd .............. Carrier, OK 73727 .................. 1421047
42 Sorgi American Fireworks Michigan, LLC ........................ 935 Wales Ridge Rd .............. Wales, MI 48027 ..................... 2475727
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./Northstar Fireworks Co., Inc 2235 Vermont Route 14 South East Montpelier, VT 05651 ..... 310632
47 Western Display Fireworks, Ltd ........................................ 10946 S. New Era Rd ............ Canby, OR 97013 ................... 498941
48 Western Enterprises, Inc .................................................. P.O. Box 160 .......................... Carrier, OK 73727 .................. 203517
49 Wolverine Fireworks Display, Inc ..................................... 205 W Seidlers ....................... Kawkawlin, MI ......................... 376857
50 Young Explosives Corp .................................................... P.O. Box 18653 ...................... Rochester, NY 14618 ............. 450304
51 Zambelli Fireworks MFG, Co., Inc .................................... P.O. Box 1463 ........................ New Castle, PA 16103 ........... 033167
* Not included in 2016 list of approved carriers.
[FR Doc. 2017–14262 Filed 7–3–17; 8:45 am] no information collection associated amended, codified at 12 U.S.C. 1829(b),
BILLING CODE 4910–EX–P with it.1 12 U.S.C. 1951–1959, and 31 U.S.C. et
DATES: Written comments should be seq., authorizes the Secretary of the
received on or before September 5, 2017 Treasury, inter alia, to issue regulations
DEPARTMENT OF THE TREASURY to be assured of consideration. requiring records and reports that are
ADDRESSES: Comments may be determined to have a high degree of
Financial Crimes Enforcement Network submitted by any of the following usefulness in criminal, tax and
methods: regulatory matters. Title III of the USA
Agency Information Collection • Federal E-rulemaking Portal: http:// PATRIOT Act of 2001, Pub. L. 107–56,
Activities; Comment Request; Renewal www.regulations.gov. Follow the included certain amendments to the
Without Change of Bank Secrecy Act instructions for submitting comments. anti-money laundering provisions of
Recordkeeping Requirements Refer to Docket Number FINCEN–2017– Title II of the BSA, 31 U.S.C. 5311 et
AGENCY: Financial Crimes Enforcement 0008 and the specific OMB control seq., which are intended to aid in the
Network (‘‘FinCEN’’), U.S. Department number the comment applies to. prevention, detection and prosecution
of the Treasury. • Mail: Policy Division, Financial of international money laundering and
ACTION: Notice and request for Crimes Enforcement Network, P.O. Box terrorist financing. Regulations
comments. 39, Vienna, VA 22183. Refer to Docket implementing Title II of the BSA appear
Number FINCEN–2017–0008 and the at 31 CFR Chapter X. The authority of
SUMMARY: FinCEN, a bureau of the U.S. specific OMB control number. the Secretary of the Treasury to
Department of the Treasury Please submit comments by one
administer Title II of the BSA has been
(‘‘Treasury’’), invites all interested method only. All comments submitted
delegated to the Director of FinCEN. The
parties to comment on its proposed in response to this notice will become
information collected and retained
renewal without change of the Bank a matter of public record. Therefore, you
under the regulation addressed in this
Secrecy Act (‘‘BSA’’) recordkeeping should submit only information that
requirements addressed in this notice. you wish to make publicly available. notice assists Federal, state, and local
FinCEN intends to submit these law enforcement as well as regulatory
FOR FURTHER INFORMATION CONTACT: The
requirements for approval by the Office authorities in the identification,
FinCEN Resource Center at 800–767–
of Management and Budget (‘‘OMB’’) of investigation, and prosecution of money
2825 or electronically at frc@fincen.gov.
laundering and other matters. In
asabaliauskas on DSKBBXCHB2PROD with NOTICES
a three-year extension of Control SUPPLEMENTARY INFORMATION: The BSA,
Numbers 1506–0050 through 1506– accordance with the requirements of the
Titles I and II of Public Law 91–508, as PRA, 44 U.S.C. 3506(c)(2)(A), and its
0059. This request for comments is
made pursuant to the Paperwork 1 This section applies to all the BSA
implementing regulations, the following
Reduction Act (‘‘PRA’’) of 1995. In recordkeeping rules; it imposes a 5-year record information is presented concerning the
addition, FinCEN is seeking comment retention period for all BSA recordkeeping rules recordkeeping requirements listed
on 31 CFR 1010.430, the nature of and includes a brief discussion of how to make the below.
records. This paragraph is not subject to the PRA
records and retention period, which is because it only deals with the retention time- Title: BSA Recordkeeping
not subject to the PRA because there is period. Requirements.
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Document Created: 2017-07-07 02:20:06
Document Modified: 2017-07-07 02:20:06
| 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 final disposition. | |
| Dates | These exemptions from 49 CFR 395.3(a)(2) are effective from June 28 through July 8, at 11:59 p.m. local time, each year through 2020. | |
| 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 31683 |
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