83 FR 17877 - Hours of Service of Drivers: Application for Exemption; American Pyrotechnics Association

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range		17877-17878
FR Document		2018-08506

FMCSA announces that the American Pyrotechnics Association (APA) has requested an exemption from the hours-of-service (HOS) regulations that require a motor carrier to install and require each of its drivers use an electronic logging device (ELD) to record the driver's HOS. APA requests the exemption for APA member-companies currently holding an exemption from the HOS 14-hour rule during the Independence Day celebration season. If granted, these member-companies would continue to utilize paper records of duty status (RODS) in lieu of utilizing an ELD during the designated Independence Day periods. APA believes that the exemption, if granted, would not have any adverse impacts on operational safety, as drivers would continue to remain subject to the HOS regulations as well as the requirements to maintain paper RODS. FMCSA requests public comment on APA's application for exemption.

Federal Register, Volume 83 Issue 79 (Tuesday, April 24, 2018)

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17877-17878]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08506]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0140]


Hours of Service of Drivers: Application for Exemption; American 
Pyrotechnics Association

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

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

SUMMARY: FMCSA announces that the American Pyrotechnics Association 
(APA) has requested an exemption from the hours-of-service (HOS) 
regulations that require a motor carrier to install and require each of 
its drivers use an electronic logging device (ELD) to record the 
driver's HOS. APA requests the exemption for APA member-companies 
currently holding an exemption from the HOS 14-hour rule during the 
Independence Day celebration season. If granted, these member-companies 
would continue to utilize paper records of duty status (RODS) in lieu 
of utilizing an ELD during the designated Independence Day periods. APA 
believes that the exemption, if granted, would not have any adverse 
impacts on operational safety, as drivers would continue to remain 
subject to the HOS regulations as well as the requirements to maintain 
paper RODS. FMCSA requests public comment on APA's application for 
exemption.

DATES: Comments must be received on or before May 24, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2018-0140 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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.

[[Page 17878]]

    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.
    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 Mr. Tom 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-2018-0140), 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 comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2018-0140'' 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. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

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

III. Request for Exemption

    The APA reports that it is a national safety and trade association 
of the U.S. fireworks industry, representing manufacturers, importers, 
distributors, wholesalers, retailers, suppliers and professional 
display companies. APA has over 250 member companies. Along with their 
subsidiaries, APA's member-companies are responsible for nearly ninety 
percent of the fireworks manufactured, imported, distributed and 
professionally displayed in the United States.
    According to its application, APA seeks a limited exemption from 
the ELD requirements for member-companies currently holding an HOS 
exemption from the 14-hour rule to continue to maintain paper RODs in 
lieu of utilizing ELDs. Various APA members have held 2-year exemptions 
during Independence Day periods from 2005 through 2014. On May 16, 
2016, the current exemption for APA members was extended to July 8, 
2020, pursuant to section 5206(b)(2)(A) of the Fixing America's Surface 
Transportation (FAST) Act (81 FR 28115).
    APA asserts that granting this exemption is appropriate because 
there is no basis to believe that continuing to allow paper record 
keeping for this limited subset of the regulated community, and for a 
limited period of time, would impact operational safety in any regard. 
In addition, due to the unique nature of the fireworks industry, 
requiring the use of ELDs for this limited seasonal delivery period 
would impose a substantial financial burden on members because it would 
require them to purchase/lease systems for use for only a short period 
every year.
    APA explained that members rely upon intermittent casual drivers 
periodically throughout the year and particularly during the busy 
Independence Day season when industry depends upon short-term rental 
trucks. The fireworks industry is unique in that it rents or leases 
approximately 90% of its vehicles throughout the year for less than 30 
days at a time. However, most rental companies require a minimum rental 
period of 14 to 21 days when APA member companies may only use the 
trucks in commerce for up to 11 days. The mix of vehicles rented 
includes pick-up trucks, cargo vans, city vans and straight trucks less 
than 26,000 GVW. The industry relies heavily upon short-term rental 
trucks to transport and deliver 98% of the 16,000 Independence Day 
fireworks displays nationwide. If granted, the exemption would run 
concurrent with APA's HOS exemption and would expire on July 8, 2020. 
This exemption would only apply when the carriers designated in the APA 
HOS exemption, including revisions, are operating within the specified 
Independence Day periods.
    A copy of APA's application for exemption is available for review 
in the docket for this notice.

    Issued on: April 17, 2018.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2018-08506 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17877

property boundary line. The property is Thence, North 1°44′30″ East along the DEPARTMENT OF TRANSPORTATION
currently undeveloped land and was easterly line of Armington, 240.00 feet
acquired by the City of Willoughby to an iron pin found at the southerly Federal Motor Carrier Safety
under Federal grant 8–1–3–39–0090– line of land conveyed to Frank R. Administration
0185. The proposed non-aeronautical Farroni by deed recorded in Volume [Docket No. FMCSA–2018–0140]
use of the land will be for a 120,000 759, Page 634 of Lake County Records.
square foot manufacturing facility and Thence North 88°43′30″ East along the Hours of Service of Drivers:
office space. The property is not needed southerly said land of Farroni, 3.00 feet Application for Exemption; American
for aeronautical purposes. The release of to an iron pin found at the southeasterly Pyrotechnics Association
the property and use of the property corner of said land,
will be in conformity with local and Thence North 01°44′30″ East, along ACTION:Notice of application for
state laws. The property has a proposed the easterly line of said land of Farroni exemption; request for comments.
developer identified and it has been 28.00 feet to an iron pin found at the SUMMARY: FMCSA announces that the
appraised. The airport will receive Fair southwesterly corner of land conveyed American Pyrotechnics Association
Market Value for the land to be sold. to Lost Nation Parkway, I Ltd by (APA) has requested an exemption from
The disposition of proceeds from the Document No. 980042081 of Lake the hours-of-service (HOS) regulations
sale of the airport property will be in County Records. that require a motor carrier to install
accordance with FAA’s Policy and Thence South 88°15′30″ East along and require each of its drivers use an
Procedures Concerning the Use of the southerly line of said land of Lost electronic logging device (ELD) to
Airport Revenue, published in the Nation Parkway 1, Ltd., 499.92 feet to an record the driver’s HOS. APA requests
Federal Register on February 16, 1999 iron pin set; the exemption for APA member-
(64 FR 7696). Thence South 1°44′30″ West, 903.33 companies currently holding an
This notice announces that the FAA feet to an iron pin found at the exemption from the HOS 14-hour rule
is considering the release of the subject northwesterly corner of land conveyed during the Independence Day
airport property at the Willoughby Lost to the City of Willoughby by deed celebration season. If granted, these
Nation Municipal Airport, City of recorded in Vol. 680 Page 252 of Lake member-companies would continue to
Willoughby, Ohio from federal land County Official Records; utilize paper records of duty status
covenants, subject to a reservation for Thence South 0°14′52″ West, along (RODS) in lieu of utilizing an ELD
continuing right of flight as well as the westerly line of said land of the City, during the designated Independence
restrictions on the released property as 82.96 feet to an iron pin found at the Day periods. APA believes that the
required in FAA Order 5190.6B section curved northerly, sideline of Jet Center exemption, if granted, would not have
22.16. Approval does not constitute a Place; any adverse impacts on operational
commitment by the FAA to financially Thence westerly along said sideline safety, as drivers would continue to
assist in the disposal of the subject on an arc deflecting to the left, said arc remain subject to the HOS regulations as
airport property nor a determination of having a radius of 68.50 feet and a chord well as the requirements to maintain
eligibility for grant-in-aid funding from of 59.34 feet which bears South paper RODS. FMCSA requests public
the FAA. 78°13′00″ West, a distance of 61.38 feet comment on APA’s application for
Legal Description 10.667 Acres to a point of reverse curve; exemption.
Thence westerly continuing along DATES: Comments must be received on
Situated in the City of Willoughby, or before May 24, 2018.
said sideline on an arc deflecting to the
County of Lake, and State of Ohio and
right said arc having a radius of 81.50 ADDRESSES: You may submit comments
known as being part of Original Lot No.
feet and a chord of 54.47 feet which identified by Federal Docket
6, Douglas Tract, and is further bounded
bears South 72°3′11″ West a distance of Management System (FDMS) Number
and described as follows:
55.54 feet to a point. FMCSA–2018–0140 by any of the
Beginning at an iron pin found at the
North 88°15′30″ West along said following methods:
southeasterly corner of land conveyed to • Federal eRulemaking Portal:
sideline of Jet Center Place 335.53 feet
Halabar Enterprises, LLC by deed www.regulations.gov. See the Public
to the place of beginning and containing
recorded in Document No. 970032610 of Participation and Request for Comments
10.667 acres of land according to a
Lake County Records in the northerly section below for further information.
survey made in August 1999 by Richard
sideline of Jet Center Place, where it is • Mail: Docket Management Facility,
J. Bislki, registered surveyor No. 5244 of
70.00 feet wide, at a point located South U.S. Department of Transportation, 1200
CT Consultants, Inc., Registered
88°15′30″ East 14.98 feet from an angle New Jersey Avenue SE, West Building,
Engineers and Surveyors, be the same
point in said sideline, said point being Ground Floor, Room W12–140,
more or less, but subject to all legal
further located 4 + 19.98, 35.00 feet left Washington, DC 20590–0001.
highways.
as appears by plat recorded in Vol.16, • Hand Delivery or Courier: West
Page 34 of Lake County Plat Records, The bearings stated herein are based
upon the recorded bearings as shown on Building, Ground Floor, Room W12–
Thence North 1°44′30″ East, along the 140, 1200 New Jersey Avenue SE,
the dedication plat of Jet Center Place,
easterly line of said land of Halabar between 9 a.m. and 5 p.m., Monday
Vol. 16 Page 34 and are for the sole
Enterprises, 753.23 feet to an iron pin through Friday, except Federal holidays.
purpose of indicating relative angular
found at the northeasterly corner of said
values between lines. • Fax: 1–202–493–2251.
land; • Each submission must include the
daltland on DSKBBV9HB2PROD with NOTICES

Thence South 88°43′30″ West, along Issued in Romulus, Michigan on April 16, Agency name and the docket number for
the northerly line of said land, 60.56 2018. this notice. Note that DOT posts all
feet to an iron pin found at the John L. Mayfield, Jr., comments received without change to
southeasterly corner of land conveyed to Manager, Detroit Airports District Office, www.regulations.gov, including any
Authur P. Armington by deed recorded FAA, Great Lakes Region. personal information included in a
in Vol. 704, Page 163 of Lake County [FR Doc. 2018–08555 Filed 4–23–18; 8:45 am] comment. Please see the Privacy Act
Official Records; BILLING CODE 4910–13–P heading below.

VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1

Document Created: 2018-04-24 00:38:55
Document Modified: 2018-04-24 00:38:55

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		Comments must be received on or before May 24, 2018.
Contact		For information concerning this notice, contact Mr. Tom 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		83 FR 17877

83 FR 17877 - Hours of Service of Drivers: Application for Exemption; American Pyrotechnics Association

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration