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16324 Federal Register / Vol. 84, No.

75 / Thursday, April 18, 2019 / Notices

vehicles rented includes pick-up trucks, Terms and Conditions of the d. Driver’s name and driver’s license
cargo vans, city vans and straight trucks Exemptions State, number, and class,
less than 26,000 GVW. The industry During the 2019 Independence Day e. Co-Driver’s name and driver’s
relies heavily upon short-term rental period, the exemptions from 49 CFR license State, number, and class,
trucks to transport and deliver 98% of 395.3(a)(2) and 49 CFR 395.8(a)(1)(i) f. Vehicle company number and
the 16,000 Independence Day fireworks would be limited to drivers employed power unit license plate State and
displays nationwide. by the 53 motor carriers already covered number,
by the exemptions, plus (if approved) g. Number of individuals suffering
The APA believes that the exemptions
the four carriers now seeking these physical injury,
would not adversely affect the safety of h. Number of fatalities,
the fireworks transportation provided by exemptions. Section 395.3(a)(2)
prohibits a driver from driving a CMV i. The police-reported cause of the
these motor carriers. APA’s members accident,
have operated under the exemption after the 14th hour after coming on duty
and does not permit off-duty periods to j. Whether the driver was cited for
from the 14-hour rule for 12 previous violation of any traffic laws, or motor
Independence Day periods without extend the 14-hour limit. Section
395.8(a)(1)(i) requires drivers of motor carrier safety regulations, and
incident. Moreover, it asserts, without k. The total driving time and the total
the extra time provided by the carriers subject to the rule to use ELDs
to record their HOS. Drivers covered by on-duty time of the CMV driver at the
exemption from the 14-hour rule, safety time of the accident.
would decline because APA drivers these exemptions would be able to
exclude off-duty and sleeper-berth time In addition, if there are any injuries or
would be unable to return to their home fatalities, the carrier must forward the
of any length from the calculation of the
base after each show. They would be police accident report to MCPSD@
14-hour limit. The exemptions would be
forced to park the CMVs carrying HM DOT.GOV as soon as available.
contingent on the following:
1.1G, 1.3G and 1.4G products in areas
• Drivers do not drive more than 11 Issued on: April 11, 2019.
less secure than the motor carrier’s hours in the 14-hour period after Larry W. Minor,
home base. Without the exemption from coming on duty, as extended by any off- Associate Administrator for Policy.
the ELD rule, these companies would be duty or sleeper-berth time in accordance [FR Doc. 2019–07783 Filed 4–17–19; 8:45 am]
required to purchase/lease ELD systems with this exception. BILLING CODE 4910–EX–P
for a limited period of 11 days. • Drivers must have 10 consecutive
APA asserts that the operational hours off duty following 14 hours on
demands of this unique industry duty prior to beginning a new driving DEPARTMENT OF TRANSPORTATION
minimize the risks of CMV crashes. In period.
the last few days before July 4, these • Drivers must use paper RODs Federal Motor Carrier Safety
drivers transport fireworks over • The carriers and drivers must Administration
relatively short routes from distribution comply with all other requirements of
[Docket No. FMCSA–2019–0086]
points to the site of the fireworks the Federal Motor Carrier Safety
display, and normally do so in the early Regulations (49 CFR parts 350–399) and Hours of Service of Drivers: Extreme
morning when traffic is light. At the Hazardous Materials Regulations (49 Logistics, LLC, Application for
site, they spend considerable time CFR parts 105–180). Exemption
installing, wiring, and safety-checking Preemption
the fireworks displays, followed by AGENCY: Federal Motor Carrier Safety
several hours off duty in the late In accordance with 49 U.S.C. Administration (FMCSA), DOT.
afternoon and early evening prior to the 31315(d), as implemented by 49 CFR ACTION: Notice of application for
event. During this time, the drivers are 381.600, during the period these exemption; request for comments.
able to rest and nap, thereby reducing or exemptions would be in effect, no State
shall enforce any law or regulation SUMMARY: FMCSA announces that it has
eliminating the fatigue accumulated
applicable to interstate commerce that received an application from Extreme
during the day.
conflicts with or is inconsistent with the Logistics, LLC (applicant) for an
Method To Ensure an Equivalent or exemptions with respect to a firm or exemption from the requirement that
Greater Level of Safety person operating under the exemptions. drivers of commercial motor vehicles
States may, but are not required to, (CMVs) must not drive following the
Before beginning another duty day, adopt the same exemptions with respect 14th hour after coming on duty. The
drivers must take 10 consecutive hours to operations in intrastate commerce. exemption would apply solely to the
off duty. Drivers are off duty for several drivers of 12 CMVs employed by the
hours in the late afternoon and early FMCSA Notification applicant in conjunction with staging
evenings, prior to an event. Exempt motor carriers would be fireworks shows celebrating
Additionally, these members would required to notify FMCSA within 5 Independence Day during the period of
continue to use paper RODS in lieu of business days of any accidents (as June 26–July 8, for the next five years
an ELD during the designated defined by 49 CFR 390.5) involving the (2019–2024) inclusive. During this
Independence Day periods. operation of any of their CMVs while period, the CMV drivers employed by
under these exemptions. The the applicant would be allowed to
Terms and Conditions of the Exemption notification must be by email to exclude off-duty and sleeper-berth time
Period of the Exemption MCPSD@DOT.GOV and include the of any length from the calculation of the
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following information: 14 hours. These drivers would not be


The requested HOS exemptions from a. Name of the Exemption: ‘‘APA’’ allowed to drive after accumulating a
49 CFR 395.3(a)(2) and 49 CFR b. Date of the accident, total of 14 hours of on-duty time,
395.8(a)(1)(i) would be effective from c. City or town, and State, in which following 10 consecutive hours off duty,
June 28 through July 8, at 11:59 p.m. the accident occurred, or which is and would continue to be subject to the
local time, each year through 2020. closest to the scene of the accident, 11-hour driving time limit, and the 60-

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Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices 16325

and 70-hour on-duty limits. The material to the docket, contact Docket from certain parts of the Federal Motor
applicant maintains that the terms and Services, telephone (202) 366–9826. Carrier Safety Regulations. FMCSA must
conditions of the limited exemption SUPPLEMENTARY INFORMATION: publish a notice of each exemption
would ensure a level of safety request in the Federal Register (49 CFR
equivalent to or greater than the level of I. Public Participation and Request for 381.315(a)). The Agency must provide
safety achieved without the exemption. Comments the public an opportunity to inspect the
DATES: May 20, 2019. FMCSA encourages you to participate information relevant to the application,
ADDRESSES: You may submit comments
by submitting comments and related including any safety analyses that have
bearing the Federal Docket Management materials. been conducted. The Agency must also
System (FDMS) Docket ID FMCSA– Submitting Comments provide an opportunity for public
2019–0086 using any of the following comment on the request.
If you submit a comment, please
methods: The Agency reviews the safety
include the docket number for this
• Federal eRulemaking Portal: notice (FMCSA–2019–0086), indicate
analyses and the public comments, and
www.regulations.gov. Follow the online determines whether granting the
the specific section of this document to
instructions for submitting comments. exemption would likely achieve a level
which the comment applies, and
• Mail: Docket Management Facility, provide a reason for suggestions or
of safety equivalent to, or greater than,
U.S. Department of Transportation, 1200 the level that would be achieved by the
recommendations. You may submit
New Jersey Avenue SE, West Building, current regulation (49 CFR 381.305).
your comments and material online or
Ground Floor, Room W12–140, The decision of the Agency must be
by fax, mail, or hand delivery, but
Washington, DC 20590–0001. published in the Federal Register (49
please use only one of these means.
• Hand Delivery or Courier: West CFR 381.315(b)) with the reason for the
FMCSA recommends that you include
Building, Ground Floor, Room W12– grant or denial, and, if granted, the
your name and a mailing address, an
140, 1200 New Jersey Avenue SE, specific person or class of persons
email address, or a phone number in the
between 9 a.m. and 5 p.m., Monday receiving the exemption, and the
body of your document so the Agency
through Friday, except Federal holidays. regulatory provision or provisions from
can contact you if it has questions
• Fax: 1–202–493–2251. which exemption is granted. The notice
Each submission must include the regarding your submission.
must also specify the effective period of
To submit your comment online, go to
Agency name and the docket number for the exemption (up to 5 years), and
www.regulations.gov and put the docket
this notice. Note that DOT posts all explain the terms and conditions of the
number, ‘‘FMCSA–2019–0086’’ in the
comments received without change to exemption. The exemption may be
‘‘Keyword’’ box, and click ‘‘Search.’’
www.regulations.gov, including any renewed (49 CFR 381.300(b)).
When the new screen appears, click on
personal information included in a
‘‘Comment Now!’’ button and type your Application for Exemption
comment. Please see the Privacy Act
comment into the text box in the
heading below. The hours-of-service (HOS) rule in 49
following screen. Choose whether you
Docket: For access to the docket to CFR 395.3(a)(2) prohibits a property-
are submitting your comment as an
read background documents or carrying CMV driver from driving a
individual or on behalf of a third party
comments, go to www.regulations.gov at CMV after the 14th hour after coming on
and then submit. If you submit your
any time or visit Room W12–140 on the duty following 10 consecutive hours off
comments by mail or hand delivery,
ground level of the West Building, 1200 duty. Extreme Logistics, LLC (USDOT
submit them in an unbound format, no
New Jersey Avenue SE, Washington, 1971328) (Applicant) is a fireworks
larger than 81⁄2 by 11 inches, suitable for
DC, between 9 a.m. and 5 p.m., ET, display company that employs CMV
copying and electronic filing. If you
Monday through Friday, except Federal drivers who hold commercial driver’s
submit comments by mail and would
holidays. The on-line FDMS is available licenses (CDLs) with hazardous
like to know that they reached the
24 hours each day, 365 days each year. materials endorsements. The applicant
facility, please enclose a stamped, self-
If you want acknowledgment that we seeks an exemption from the 14-hour
addressed postcard or envelope.
received your comments, please include rule in 49 CFR 395.3(a)(2) so that drivers
a self-addressed, stamped envelope or Viewing Comments and Documents would be allowed to exclude off-duty
postcard or print the acknowledgement To view comments, as well as and sleeper-berth time of any length
page that appears after submitting documents mentioned in this preamble from the calculation of the 14 hours.
comments on-line. as being available in the docket, go to The applicant states that the basis for
Privacy Act: In accordance with 5 www.regulations.gov and insert the the request is the existing FMCSA
U.S.C. 553(c), DOT solicits comments docket number, ‘‘FMCSA–2019–0086’’ exemption granted to Illumination
from the public to better inform its in the ‘‘Keyword’’ box and click Fireworks, LLC and ACE Pyro, LLC
rulemaking process. DOT posts these ‘‘Search.’’ Next, click ‘‘Open Docket under Docket No. FMCSA–2014–0111,
comments, without edit, including any Folder’’ button and choose the from the 14-hour rule. As stated in the
personal information the commenter document listed to review. If you do not applicant’s request, its CMV drivers
provides, to www.regulations.gov, as have access to the internet, you may hold CDLs with hazardous materials
described in the system of records view the docket online by visiting the endorsements to transport Division 1.3G
notice (DOT/ALL–14 FDMS), which can Docket Management Facility in Room and 1.4G fireworks in conjunction with
be reviewed at www.dot.gov/privacy. W12–140 on the ground floor of the the setup of firework shows for
FOR FURTHER INFORMATION CONTACT: For DOT West Building, 1200 New Jersey Independence Day. The applicant states
information concerning this notice Avenue SE, Washington, DC 20590, that it is seeking the HOS exemption
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contact Ms. Pearlie Robinson, FMCSA between 9 a.m. and 5 p.m., e.t., Monday because compliance with the 14-hour
Driver and Carrier Operations Division; through Friday, except Federal holidays. rule would impose economic hardship
Office of Carrier, Driver and Vehicle on cities, municipalities, and
Safety Standards; Telephone: 202–366– Legal Basis themselves. Complying with the
4325. Email: MCPSD@dot.gov. If you FMCSA has authority under 49 U.S.C. existing regulation means that most
have questions on viewing or submitting 31136(e) and 31315 to grant exemptions shows would require two drivers,

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16326 Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices

significantly increasing the cost of the DEPARTMENT OF TRANSPORTATION Washington, DC 20590, between 9 a.m.
fireworks display. and 5 p.m., ET, Monday through Friday,
Federal Motor Carrier Safety except Federal holidays.
The applicant asserts that without the
Administration
extra duty period provided by the B. Privacy Act
exemption, safety would decline as [Docket No. FMCSA- FMCSA–2013–0108;
FMCSA–2014–0382; FMCSA–2015–0322; In accordance with 5 U.S.C. 553(c),
firework drivers would be unable to
FMCSA–2015–0323; FMCSA–2016–0008] DOT solicits comments from the public
return to their home base following each
to better inform its rulemaking process.
show should they have fireworks Qualification of Drivers; Exemption DOT posts these comments, without
remaining after the display. They would Applications; Epilepsy and Seizure edit, including any personal information
be forced to park the CMVs carrying Disorders the commenter provides, to
Division 1.3G and 1.4G products in www.regulations.gov, as described in
areas less secure than the motor carrier’s AGENCY: Federal Motor Carrier Safety
the system of records notice (DOT/ALL–
home base. Administration (FMCSA), DOT.
14 FDMS), which can be reviewed at
ACTION: Notice of final disposition. www.dot.gov/privacy.
Method To Ensure an Equivalent or
Greater Level of Safety SUMMARY: FMCSA announces its II. Background
decision to renew exemptions for nine
As a condition for maintaining the individuals from the requirement in the On February 19, 2019, FMCSA
exemption, each motor carrier would be Federal Motor Carrier Safety published a notice announcing its
required to notify FMCSA within 5 Regulations (FMCSRs) that interstate decision to renew exemptions for nine
business days of any crash (as defined commercial motor vehicle (CMV) individuals from the epilepsy and
in 49 CFR 390.5) involving the drivers have ‘‘no established medical seizure disorders prohibition in 49 CFR
operation of any CMVs under this history or clinical diagnosis of epilepsy 391.41(b)(8) to operate a CMV in
exemption. The applicant advised that or any other condition which is likely interstate commerce and requested
its drivers have never been involved in to cause loss of consciousness or any comments from the public (84 FR 4893).
an accident and that it does not believe loss of ability to control a CMV.’’ The The public comment period ended on
exemptions enable these individuals March 21, 2019, and no comments were
the exemption would change that
who have had one or more seizures and received.
record.
are taking anti-seizure medication to As stated in the previous notice,
In the exemption request, the FMCSA has evaluated the eligibility of
continue to operate CMVs in interstate
applicant asserts that the operational these applicants and determined that
commerce.
demands of this unique industry renewing these exemptions would
DATES: The exemptions were applicable
minimize the risks of CMV crashes. In achieve a level of safety equivalent to,
on December 21, 2018. The exemptions
the last few days before the or greater than, the level that would be
expire on December 21, 2020.
Independence Day holiday, these achieved by complying with the current
FOR FURTHER INFORMATION CONTACT: Ms.
drivers transport fireworks over regulation 49 CFR 391.41(b)(8).
relatively short routes from distribution Christine A. Hydock, Chief, Medical
The physical qualification standard
Programs Division, (202) 366–4001,
points to the site of the fireworks for drivers regarding epilepsy found in
fmcsamedical@dot.gov, FMCSA,
display and normally do so in the early 49 CFR 391.41(b)(8) states that a person
Department of Transportation, 1200
morning when traffic is light. The is physically qualified to drive a CMV
New Jersey Avenue SE, Room W64–224,
applicant noted that during the 2018 if that person has no established
Washington, DC 20590–0001. Office
Independence Day season, the farthest medical history or clinical diagnosis of
hours are from 8:30 a.m. to 5 p.m., ET,
show from its home base was 150 miles. epilepsy or any other condition which
Monday through Friday, except Federal
At the site, drivers spend considerable is likely to cause the loss of
holidays. If you have questions
time installing, wiring, and checking the consciousness or any loss of ability to
regarding viewing or submitting
safety of fireworks displays, followed by control a CMV.
material to the docket, contact Docket
several hours of duty in the late Services, telephone (202) 366–9826. In addition to the regulations, FMCSA
afternoon and early evening prior to the has published advisory criteria to assist
SUPPLEMENTARY INFORMATION:
event. Before beginning another duty Medical Examiners in determining
day, these drivers must take 10 I. Public Participation whether drivers with certain medical
consecutive hours off duty, the same as conditions are qualified to operate a
A. Viewing Documents and Comments CMV in interstate commerce. [49 CFR
other CMV drivers.
To view comments, as well as any part 391, APPENDIX A TO PART 391—
A copy of the application for documents mentioned in this notice as MEDICAL ADVISORY CRITERIA,
exemption is available for review in the being available in the docket, go to section H. Epilepsy: § 391.41(b)(8),
docket for this notice. http://www.regulations.gov. Insert the paragraphs 3, 4, and 5.]
Issued on: April 11, 2019. docket number, FMCSA–2013–0108;
III. Discussion of Comments
FMCSA–2014–0382; FMCSA–2015–
Larry W. Minor,
0322; FMCSA–2015–0323; FMCSA– FMCSA received no comments in this
Associate Administrator for Policy. 2016–0008, in the keyword box, and proceeding.
[FR Doc. 2019–07784 Filed 4–17–19; 8:45 am] click ‘‘Search.’’ Next, click the ‘‘Open
IV. Conclusion
BILLING CODE 4910–EX–P Docket Folder’’ button and choose the
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document to review. If you do not have Based on its evaluation of the nine
access to the internet, you may view the renewal exemption applications,
docket online by visiting the Docket FMCSA announces its decision to
Management Facility in Room W12–140 exempt the following drivers from the
on the ground floor of the DOT West epilepsy and seizure disorders
Building, 1200 New Jersey Avenue SE, prohibition in 49 CFR 391.41(b)(8).

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