You are on page 1of 3

16322 Federal Register / Vol. 84, No.

75 / Thursday, April 18, 2019 / Notices

The drivers were included in docket years from the effective date unless the same time as the other 53 exempted
numbers FMCSA–2000–7363; FMCSA– revoked earlier by FMCSA. The APA member carriers. The original
2002–13411. Their exemptions are exemption will be revoked if the terms and conditions of the limited
applicable as of March 4, 2019, and will following occurs: (1) The person fails to exemptions, that ensure a level of safety
expire on March 4, 2021. comply with the terms and conditions equivalent to, or greater than, the level
As of March 7, 2019, and in of the exemption; (2) the exemption has of safety achieved without the
accordance with 49 U.S.C. 31136(e) and resulted in a lower level of safety than exemption, will be upheld by the four
31315, the following nine individuals was maintained prior to being granted; new members.
have satisfied the renewal conditions for or (3) continuation of the exemption DATES: Comments are due no later than
obtaining an exemption from the vision would not be consistent with the goals May 20, 2019.
requirement in the FMCSRs for and objectives of 49 U.S.C. 31136 and ADDRESSES: You may submit comments
interstate CMV drivers (65 FR 66286; 66 31315. bearing the Federal Docket Management
FR 13825; 68 FR 10300; 70 FR 7546; 72 Issued on: April 11, 2019. System (FDMS) Docket ID FMCSA–
FR 7111; 74 FR 6212; 76 FR 9861; 78 FR Larry W. Minor, 2007–28043 and FMCSA–2018–0140
10250; 80 FR 6162; 80 FR 7679; 80 FR Associate Administrator for Policy. using any of the following methods:
20562; 82 FR 13043): • Federal eRulemaking Portal:
[FR Doc. 2019–07788 Filed 4–17–19; 8:45 am]
Jason P. Atwater (UT) BILLING CODE 4910–EX–P www.regulations.gov. Follow the online
Steven D. Ellsworth (IL) instructions for submitting comments.
Abdalla M. Jalili (IL) • Mail: Docket Management Facility,
Alan L. Johnston (IL) DEPARTMENT OF TRANSPORTATION U.S. Department of Transportation, 1200
Richard A. Pierce (MO) New Jersey Avenue SE, West Building,
Rance A. Powell (AL) Federal Motor Carrier Safety Ground Floor, Room W12–140,
Richard P. Rebel (ND) Administration Washington, DC 20590–0001.
Mustafa Shahadeh (OH) • Hand Delivery or Courier: West
Charles P. Smith (MO) [Dockets No. FMCSA–2007–28043; FMCSA–
2018–0140] Building, Ground Floor, Room W12–
The drivers were included in docket 140, 1200 New Jersey Avenue SE,
numbers FMCSA–2000–7918; FMCSA– Hours of Service (HOS) of Drivers; between 9 a.m. and 5 p.m., Monday
2014–0301. Their exemptions are American Pyrotechnics Assn. (APA); through Friday, except Federal holidays.
applicable as of March 7, 2019, and will Request To Add New Members to • Fax: 1–202–493–2251.
expire on March 7, 2021. Current APA Exemptions; Request for Each submission must include the
As of March 23, 2019, and in Comments Agency name and the docket number for
accordance with 49 U.S.C. 31136(e) and this notice. Note that DOT posts all
31315, the following ten individuals AGENCY: Federal Motor Carrier Safety comments received without change to
have satisfied the renewal conditions for Administration (FMCSA), DOT.
www.regulations.gov, including any
obtaining an exemption from the vision ACTION: Notice of application for personal information included in a
requirement in the FMCSRs for exemptions; request for comments. comment. Please see the Privacy Act
interstate CMV drivers (65 FR 66286; 65 SUMMARY: FMCSA announces that it has heading below.
FR 78256; 66 FR 13825; 66 FR 16311; received an application from the Docket: For access to the docket to
67 FR 76439; 68 FR 10298; 68 FR 13360; American Pyrotechnics Association read background documents or
70 FR 7545; 70 FR 12265; 71 FR 14566; (APA) requesting exemptions from the comments, go to www.regulations.gov at
71 FR 30227; 72 FR 7812; 72 FR 11426; Agency’s hours-of-service (HOS) any time or visit Room W12–140 on the
73 FR 27014; 73 FR 51689; 73 FR 63047; regulations for four new members: ground level of the West Building, 1200
73 FR 75803; 74 FR 6209; 74 FR 6689; Celebration Fireworks, Inc., New Jersey Avenue SE, Washington,
74 FR 8302; 75 FR 77942; 75 FR 77949; International Fireworks Mfg. Company, DC, between 9 a.m. and 5 p.m., ET,
76 FR 4413; 76 FR 5425; 76 FR 9859; 76 Inc., Johnny Rockets Display Company, Monday through Friday, except Federal
FR 9861; 76 FR 11215; 78 FR 8689; 78 and the Wald & Company All American holidays. The on-line FDMS is available
FR 12822; 78 FR 14410; 80 FR 15859; Display Fireworks Company. The first 24 hours each day, 365 days each year.
82 FR 13043): exemption request is from the If you want acknowledgment that we
Howard K. Bradley (VA) prohibition on driving commercial received your comments, please include
Willie Burnett, Jr. (FL) motor vehicles (CMVs) after the 14th a self-addressed, stamped envelope or
Marcus L. Conner (TX) hour after the driver comes on duty. postcard or print the acknowledgement
Thomas G. Danclovic (MO) APA requests this exemption to allow page that appears after submitting
Donald K. Driscoll (MA) drivers employed by the four member comments on-line.
William G. Holland (AR) companies to exclude off-duty and Privacy Act: In accordance with 5
Thomas F. Marczewski (WI) sleeper-berth time of any length from U.S.C. 553(c), DOT solicits comments
Steve A. Reece (TN) the calculation of the 14-hour limit. The from the public to better inform its
Jeremichael Steele (NC) second exemption request is from the rulemaking process. DOT posts these
Wade D. Taylor (MO) HOS regulations that require a motor comments, without edit, including any
The drivers were included in docket carrier to install and require each of its personal information the commenter
numbers FMCSA–2000–7918; FMCSA– drivers to use an electronic logging provides, to www.regulations.gov, as
2000–8398; FMCSA–2002–13411; device (ELD) to record the driver’s HOS. described in the system of records
FMCSA–2006–24015; FMCSA–2008– APA requests this exemption to allow notice (DOT/ALL–14 FDMS), which can
jbell on DSK30RV082PROD with NOTICES

0266; FMCSA–2008–0340; FMCSA– these same drivers employed by the four be reviewed at www.dot.gov/privacy.
2010–0385. Their exemptions are members to continue to use paper FOR FURTHER INFORMATION CONTACT: Ms.
applicable as of March 23, 2019, and records of duty status (RODS) in lieu of Pearlie Robinson, FMCSA Driver and
will expire on March 23, 2021. an ELD during the designated Carrier Operations Division; Office of
In accordance with 49 U.S.C. 31315, Independence Day periods. If granted, Carrier, Driver and Vehicle Safety
each exemption will be valid for two these exemptions would terminate at Standards; Telephone: 202–366–4325.

VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\18APN1.SGM 18APN1
Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices 16323

Email: MCPSD@dot.gov. If you have and 5 p.m., e.t., Monday through Friday, believes that the interests of the APA
questions on viewing or submitting except Federal holidays. members and the Agency would best be
material to the docket, contact Docket served by synchronizing the expiration
II. Legal Basis
Services, telephone (202) 366–9826. dates of all such fireworks-related
SUPPLEMENTARY INFORMATION: FMCSA has authority under 49 U.S.C. exemptions. The four new members
31136(e) and 31315 to grant exemptions would be subject to all of the terms and
I. Public Participation and Request for from certain parts of the Federal Motor conditions in the original exemptions.
Comments Carrier Safety Regulations. FMCSA must The CMV drivers employed by APA
FMCSA encourages you to participate publish a notice of each exemption members are trained pyro-technicians
by submitting comments and related request in the Federal Register (49 CFR who hold commercial driver’s licenses
materials. 381.315(a)). The Agency must provide (CDLs) with hazardous materials (HM)
the public an opportunity to inspect the endorsements. They transport fireworks
Submitting Comments information relevant to the application, and related equipment by CMVs on a
If you submit a comment, please including any safety analyses that have very demanding schedule during a brief
include the docket numbers for this been conducted. The Agency must also Independence Day period, often to
notice (FMCSA–2007–28043 and provide an opportunity for public remote locations. After they arrive, the
FMCSA–2018–0140), indicate the comment on the request. drivers are responsible for set-up and
specific section of this document to The Agency reviews the safety staging of the fireworks shows.
which the comment applies, and analyses and the public comments, and The APA has requested exemptions
provide a reason for suggestions or determines whether granting the for the four new member companies
recommendations. You may submit exemption would likely achieve a level because compliance with the current 14-
your comments and material online or of safety equivalent to, or greater than, hour rule in 49 CFR 395.3(a)(2) would
by fax, mail, or hand delivery, but the level that would be achieved by the impose a substantial economic hardship
please use only one of these means. current regulation (49 CFR 381.305). on numerous cities, towns and
FMCSA recommends that you include The decision of the Agency must be municipalities, as well as its members.
your name and a mailing address, an published in the Federal Register (49 To meet the demand for fireworks
email address, or a phone number in the CFR 381.315(b)) with the reason for the without the exemptions, APA states that
body of your document so the Agency grant or denial, and, if granted, the its members would be required to hire
can contact you if it has questions specific person or class of persons a second driver for most trips. The APA
regarding your submission. receiving the exemption, and the advises that the result would be a
To submit your comment online, go to regulatory provision or provisions from substantial increase in the cost of the
www.regulations.gov and put the which exemption is granted. The notice fireworks shows—beyond the means of
respective docket number, ‘‘FMCSA– must also specify the effective period of many of its members’ customers—and
2007–28043’’ or ‘‘FMCSA–2018–0140’’ the exemption (up to 5 years), and that many Americans would be denied
in the ‘‘Keyword’’ box, and click explain the terms and conditions of the this important component of the
‘‘Search.’’ When the new screen exemption. The exemption may be celebration of Independence Day.
appears, click on ‘‘Comment Now!’’ renewed (49 CFR 381.300(b)). Additionally, APA is seeking
button and type your comment into the exemptions from the ELD rule in 49 CFR
text box in the following screen. Choose Request for Exemptions 395.8(a)(1)(i) for these same members.
whether you are submitting your The APA reports that it is a national APA asserts that granting this
comment as an individual or on behalf safety and trade association of the U.S. exemption is appropriate because there
of a third party and then submit. If you fireworks industry, representing is no basis to believe that continuing to
submit your comments by mail or hand manufacturers, importers, distributors, allow paper record keeping for this
delivery, submit them in an unbound wholesalers, retailers, suppliers and limited subset of the regulated
format, no larger than 81⁄2 by 11 inches, professional display companies. APA community, and for a limited period of
suitable for copying and electronic has over 250 member companies. Along time, would impact operational safety in
filing. If you submit comments by mail with their subsidiaries, APA’s member- any regard. In addition, due to the
and would like to know that they companies are responsible for nearly 90 unique nature of the fireworks industry,
reached the facility, please enclose a percent of the fireworks manufactured, requiring the use of ELDs for this
stamped, self-addressed postcard or imported, distributed and professionally limited seasonal delivery period would
envelope. displayed in the United States. impose a substantial financial burden
APA requested HOS exemptions from on members because it would require
Viewing Comments and Documents the 14-hour rule and the ELD rule for them to purchase/lease systems for use
To view comments, as well as four new members: Celebration for only a short period every year.
documents mentioned in this preamble Fireworks, Inc., DOT #1527687, APA explained that members rely
as being available in the docket, go to International Fireworks Mfg. Company, upon intermittent casual drivers
www.regulations.gov and insert the Inc., DOT #385065, Johnny Rockets periodically throughout the year and
docket number, ‘‘FMCSA–2007–28043’’ Display Company, DOT #1263181, and particularly during the busy
or ‘‘FMCSA–2018–0140’’ in the the Wald & Company All American Independence Day season when
‘‘Keyword’’ box and click ‘‘Search.’’ Display Fireworks Company, DOT industry depends upon short-term
Next, click ‘‘Open Docket Folder’’ #87079. The exemptions for these APA rental trucks. The fireworks industry is
button and choose the document listed carriers, if granted, would expire on July unique in that it rents or leases
to review. If you do not have access to 8, 2020. Although this is less than the approximately 90% of its vehicles
jbell on DSK30RV082PROD with NOTICES

the internet, you may view the docket 5-year exemption period authorized by throughout the year for fewer than 30
online by visiting the Docket 49 U.S.C. 31315(b)(2), as amended by days at a time. However, most rental
Management Facility in Room W12–140 section 5206(a)(3) of the Fixing companies require a minimum rental
on the ground floor of the DOT West America’s Surface Transportation period of 14 to 21 days when APA
Building, 1200 New Jersey Avenue SE, (FAST) Act (Pub. L. 114–94, 129 Stat. members may only use the trucks in
Washington, DC 20590, between 9 a.m. 1312, 1537, Dec. 4, 2015), FMCSA commerce for up to 11 days. The mix of

VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\18APN1.SGM 18APN1
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
jbell on DSK30RV082PROD with NOTICES

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-

VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\18APN1.SGM 18APN1