[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Proposed Rules]
[Pages 24820-24822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11469]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Part 383
[FHWA Docket No. MC-95-16]
Commercial Driver's License; Waiver for Pyrotechnics Industry;
Request for Comments
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of petition; request for comment.
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SUMMARY: The FHWA is requesting public comment on a petition submitted
by the pyrotechnics industry on March 6, 1995, for relief from the
requirements of the commercial driver's license regulations (CDL) (49
CFR Part 383). The FHWA is proposing to authorize waivers for certain
drivers transporting fireworks to displays during the period of
Independence Day celebrations from the CDL testing and licensing
standards. The drivers to be covered by these waivers are part-time
drivers who have an otherwise valid driver's license, as well as
licenses or permits issued by applicable State or local agencies
certifying that they are approved pyrotechnic operators. A waiver
issued by a State under this proposal would only authorize the
transportation of less than 500 pounds of fireworks classified as DOT
Class 1.3G explosives, from June 30 through July 6 of each year,
provided that the vehicles operated have gross vehicle weight ratings
(GVWR) of less than 10,001 pounds and are operated within 300 miles of
the sites of origin. The FHWA requests public comment on whether, if
granted, the proposed grant of waiver authority would be contrary to
the public interest or diminish the safe operation of commercial motor
vehicles.
DATES: Comments must be received on or before June 9, 1995.
ADDRESSES: All signed, written comments should refer to the docket
number that appears at the top of this document and should be submitted
to the Federal Highway Administration, Room 4232, Office of Chief
Counsel, HCC-10, 400 Seventh Street SW., Washington, DC 20590-0001.
All comments received will be available for examination at the above
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,
except Federal holidays. Commenters who want to be notified that the
FHWA received their comments should include a self-addressed,
stamped postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Office of Motor
Carrier Standards, (202) 366-4001, or Mr. Raymond W. Cuprill, Office of
the Chief Counsel, HCC-20, (202) 366-0834, Federal Highway
Administration, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590-0001. Office hours are from 7:45 a.m. to 4:15
p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
The Commercial Driver's License (CDL) regulations, issued pursuant
to the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Pub. L.
99-570, 100 Stat. 3207, 3207-170) (49 U.S.C. 31502), are found at 49
CFR Part 383 (1994). Section 383.23 of the regulations sets forth the
general rule that no person shall operate a commercial motor vehicle
(CMV) unless such person: (1) Has taken and passed a knowledge test
and, if applicable, a driving test, which meets Federal standards, and
(2) possesses a CDL, which is evidence of having passed the required
tests. These Federal standards ensure that drivers of a CMV: (1) Have a
single driver's license and a single driving record, (2) are tested for
the knowledge and skills needed to drive a vehicle representative of
the vehicle that they will be licensed to drive, and (3) are
disqualified from driving a CMV when convicted of certain criminal or
traffic violations. Drivers operating commercial motor vehicles that
haul hazardous materials are also required to take and pass specialized
tests for specific endorsements to their licenses.
The term ``commercial motor vehicle'' is defined to include, a
motor vehicle:
(1) With a gross combination weight rating of 26,001 or more pounds
inclusive of a towed unit with a GVWR of more than 10,000 pounds; or
(2) With a GVWR of 26,001 or more pounds; or
(3) Designed to transport 16 or more passengers, including the
driver; or
(4) Used in the transportation of quantities of hazardous materials
which require the vehicle to be placarded under the Hazardous Materials
Transportation Regulations (49 CFR part 172, subpart F). 49 CFR 383.5
(1994). [[Page 24821]]
CDL Waivers
Section 12013 of the Commercial Motor Vehicle Safety Act of 1986
(the Act) authorizes the Secretary of Transportation to waive any class
of drivers or vehicles from any or all of the provisions of the Act or
the implementing regulations if the Secretary determines that the
waiver is not contrary to the public interest and does not diminish the
safe operation of commercial motor vehicles. The regulatory procedures
governing the issuance of waivers are found at 49 CFR 383.7 (1994).
The FHWA has granted a CDL waiver to military personnel operating
military vehicles and has authorized the States to waive certain
farmers, firefighters and operators of emergency equipment in
implementing the CDL regulations. See 53 FR 37313, September 26, 1988.
In addition, the agency also authorized the States to waive, at their
option, employees of farm-related service industries (custom
harvesters, retail outlets and suppliers, agri-chemical businesses, and
livestock feeders) from the CDL knowledge and skill testing
requirements, and issue these employees restricted CDLs for a seasonal
period or periods not to exceed a total of 180 days in any 12-month
period, subject to certain conditions. See 57 FR 13650, April 17, 1992.
Petition
The American Pyrotechnics Association, a non-profit group
representing the pyrotechnics industry, has petitioned the FHWA to
reconsider its previous determinations,1 and grant a CDL waiver to
part-time drivers involved in fireworks displays. Petitioner asserts
that the requested waiver would only be available to part-time
employees who drive small vehicles containing limited quantities of
fireworks over short distances within a period of seven days. All
permanent fireworks employees have obtained CDLs as part of their job
requirements. Moreover, all part-time employees falling within this
proposed waiver would be required to complete fireworks-specific
training pursuant to 49 CFR 172.700 et seq.
\1\The FHWA had denied a petition for a CDL waiver filed by the
American Pyrotechnics Association. In the Matter of American
Pyrotechnics Association, Petition No. 91-03, May 3, 1991. See also,
Administrator Larson's letter dated July 5, 1991, denying the
American Pyrotechnics Association's request for reconsideration.
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Petitioner argues that the waiver is necessary because, since
implementation of the CDL rule in 1992, the fireworks industry has
faced serious problems in delivering small fireworks displays to
customers located in remote areas. In order to respond to thousands of
requests by Fourth of July celebrants, such as small townships, the
companies must rely on part-time drivers who not only drive to the
display sites, but also handle and discharge the fireworks. Most such
technicians work full-time at other jobs, but return each year to the
fireworks industry because of their interest in fireworks displays and
the opportunity to earn extra money. Petitioner claims that these
individuals would not go through the trouble and expense of obtaining a
CDL, which would require preparation for irrelevant endorsement
examinations that cover all hazardous materials, in part because they
do not receive sufficient compensation to make the effort worthwhile.
Moreover, these are not professional commercial drivers transporting
hazardous materials, but persons who derive their livelihood from other
professions, typically school teachers, and are involved in the
fireworks business for several days every year. Due to the extensive
use of such seasonal employees by the fireworks industry to meet the
peak demands of the Fourth of July season, Petitioner asserts that the
proposed waiver would alleviate the need for those employees to obtain
a CDL, while still requiring that they meet extensive Federal safety
and local licensing requirements specific to the transport and handling
of fireworks.
In addition, the transportation of fireworks for displays in small
communities is provided by vehicles, generally having a GVWR of less
than 10,001 pounds, for which a CDL would not be required but for the
hazardous nature of the cargo. The vehicles are largely pickup trucks
and vans for which no special vehicle operation skills are required.
Consequently, the Petitioner has narrowed the waiver request to include
only the following:
1. Part-time drivers, to be defined as drivers over 21 years of age
working no more than seven days per year in the pyrotechnics industry;
2. Drivers must be operating under the appropriate license or
approval as a pyrotechnic operator issued by State or local authority
having jurisdiction in accordance with State fireworks law;
3. Drivers will operate within a 300 mile radius of the driver's
work reporting location;
4. Vehicles must have a GVWR less than 10,001 pounds;
5. Vehicles must be carrying 500 or less pounds of Class 1.3G
explosives;
6. Driver must carry documentation certifying that he/she has
received fireworks-specific transportation safety training required
under 49 CFR Part 172, subpart H; and
7. Driver must carry a certificate indicating that his/her driving
record has been investigated by the fireworks company offering the
fireworks for transportation, and the driver has not been found guilty
of a ``serious traffic violation'' as defined in 49 CFR Part 383 during
the preceding 12 months.
Copies of this and previous petitions filed by the American
Pyrotechnics Association and other members of the pyrotechnics industry
are being included in the docket established by this notice and may be
examined by the public.
Proposed Waiver
In order to provide relief to the pyrotechnics industry, the FHWA
is proposing to authorize limited waivers to be granted by States, at
their discretion, from the CDL testing and licensing standards, without
jeopardizing Federal funds. These waivers could be granted to certain
part-time drivers involved in the transportation of fireworks to
pyrotechnic display sites, and would relieve those drivers from the
requirement to obtain a hazardous materials endorsement and
consequently from any requirement to obtain a CDL.
The proposed waiver authority would be subject to the following
conditions:
(1) Drivers covered--Applicants must be 21 years of age and hold a
valid operator's license, and drive solely on a part-time basis for the
pyrotechnics industry. The term ``part-time driver'' as used herein,
refers to drivers working for the pyrotechnics industry for no more
than 7 consecutive days per year (June 30 through July 6) and involved
in the transportation of fireworks to be used in pyrotechnics displays.
Applicants must also hold a State or local permit or license issued by
State or local authority having jurisdiction in accordance with State
fireworks law and must carry documentation certifying that he/she has
received fireworks-specific transportation safety training pursuant to
49 CFR 172.700 et seq. The State or local permit or license and the
certificate of training will substitute for an otherwise required CDL
during the period of the waiver, in order to allow State enforcement of
the CDL requirements.
(2) Duration--Waivers from the CDL requirements would only be valid
for the period from June 30 through July 6.
(3) Materials--Waivers would authorize the transportation of only
500 or less pounds of fireworks classified as DOT Class 1.3G
explosives. [[Page 24822]]
(4) Vehicles--Waivers would be limited to the operation of Group C
vehicles, as defined in 49 CFR 383.91, provided that the vehicle
operated has a GVWR of less than 10,001 pounds.
(5) Area--Waivers would be granted to operate the vehicles
described above within a 300-mile radius from the driver's work
reporting location. Neighboring States may recognize such waivers
provided the driver and the vehicle are operating within the 300-mile
radius.
(6) Convictions--Waivers would only be granted to drivers who have
not been convicted of a ``serious traffic violation'' as defined in 49
CFR 383.5, in any type of motor vehicle during the preceding 12 month
period.
The Petitioner claims that the conditions and restrictions imposed
on the grant of waiver authority will ensure that the safe operation of
CMVs is not diminished. Drivers participating in the waiver program
would be part-time non-professional drivers, operating vehicles that
would not be considered CMVs except for the nature of the cargo. These
drivers would be required to have a good driving record and would be
licensed, knowledgeable and trained in the handling of the hazardous
materials to be carried. It also appears that the waiver restrictions
related to driver documentation, duration, and area of operation
(mileage) will ensure that implementation, regulation and enforcement
of the waivers' requirements by the States is not unduly burdensome.
Moreover, the final decision on whether to implement a waiver program
will rest with the States.
Request for Public Comment
The FHWA is requesting specific views, information, and data that
it should consider when determining whether or not the proposed waiver
would be contrary to the public interest or would diminish the safe
operation of CMVs. Commenters are strongly encouraged to provide any
additional facts or views pertaining to the proposed waiver.
(Title XII of Pub. L. 99-570, 100 Stat. 3207-170; 49 U.S.C. 31502;
49 U.S.C. 31136; 49 CFR 1.48; 49 CFR 383.7; 23 U.S.C. 315)
Issued on: May 4, 1995.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 95-11469 Filed 5-9-95; 8:45 am]
BILLING CODE 4910-22-P
