E9-14464. Hours of Service (HOS) of Drivers; Renewal of American Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During Independence Day Celebrations

AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION:

Notice of final disposition.

SUMMARY:

FMCSA previously announced its decision to renew the American Pyrotechnics Association (APA) exemption for 61 member motor carriers from FMCSA's regulation that drivers of commercial motor vehicles (CMVs) may not drive after the 14th hour after coming on duty. No comments were submitted to the public docket; consequently, the Agency confirms the renewal of the exemption.

DATES:

This exemption is effective during the periods of June 28, 2009, through July 8, 2009, and June 28, 2010, through July 8, 2010, inclusive.

FOR FURTHER INFORMATION CONTACT:

Mr. Thomas L. Yager, Chief, FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations; Telephone: [phone], E-mail: [e-mail].

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 31315 and 31136(e), FMCSA may renew an exemption from the hours of service (HOS) requirements in 49 CFR 395.3(a)(2) for up to two years if it finds “such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption” (49 CFR 381.305(a)). APA, a trade association representing the domestic fireworks industry, applied for renewal of a limited exemption from the HOS rules on behalf of 61 of its member motor carriers, and approximately 3,000 of their CMV drivers for an eleven-day period surrounding Independence Day in 2009, and a similar period in 2010, as previously announced in the Federal Register (74 FR 24069, May 22, 2009). A copy of the application is included in the docket referenced at the beginning of this notice. The list of APA member companies covered by the exemption from 49 CFR 395.3(a)(2) is included as an Appendix to this notice.

The HOS rules prohibit a property-carrying CMV driver from driving after the 14th hour after coming on duty following 10 consecutive hours off duty (49 CFR 395.3(a)(2)). During the periods June 28-July 8, 2009, and June 28-July 8, 2010, inclusive, the companies named in the Appendix and approximately 3,000 CMV drivers employed by them, will be exempt from section 395.3(a)(2) if they are operating in conjunction with the staging of fireworks shows celebrating Independence Day. These CMV drivers hold a commercial driver's license with hazardous materials endorsement. They also are trained pyrotechnicians. They transport fireworks and set up and stage fireworks shows.

Section 49 CFR 395.3(a)(2) prohibits a driver from driving after the 14th hour after coming on duty and does not permit off-duty periods to extend the 14-hour limit. This exemption permits CMV drivers engaged in these operations to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour duty period. These drivers must continue to obtain 10 consecutive hours off duty prior to the 14-hour period, and remain subject to the 11-hour driving time limit, the 60- and 70-hour on-duty limits, and all other HOS rules.

APA sought renewal of this exemption because compliance by its members with the current 14-hour rule would impose a substantial economic hardship on numerous cities, towns and municipalities, as well as its member companies, with regard to their Independence Day celebrations. APA has consistently maintained that the operational demands of this unique industry minimize the risk of CMV crashes. It maintains that renewal of the exemption will not adversely affect the safety of the fireworks transportation provided by these motor carriers, and actually improve safety in the storage of hazardous materials.

The FMCSA decision to grant the request for renewal of the exemption from 49 CFR 395.3(a)(2) was based on the merits of the application for renewal of the exemption. The Agency continues to believe that these APA operations, conducted under the terms and conditions of this limited exemption, will achieve a level of safety that is equivalent to, or greater than, the level that would be absent such exemption. Unless these motor carriers and their drivers fail to meet the terms and conditions specified in the May 22, 2009, notice of approval of this exemption, the exemption will remain in effect during the periods of June 28, 2009, through July 8, 2009, and June 28, 2010, through July 8, 2010, inclusive.

Issued on: June 12, 2009.

Larry W. Minor,

Associate Administrator for Policy and Program Development.

Appendix to Notice of Renewal of American Pyrotechnics Association (APA) Exemption from the 14-Hour HOS Rule During 2009 and 2010 Independence Day Celebrations

Motor carrier	Address	DOT #
Alonzo Fireworks Display, Inc.	12 County Rd 75, Mechanicsville, NY 12118	420639
American Promotional Events, Inc.—West/TNT Fireworks	555 North Gilbert Street, Fullerton, CA 92833	564520
American Promotional Events, Inc.—East Coast/TNT Fireworks	4511 Helton Drive, Florence, AL 35630	0121384
American Promotional Events—Northwest/TNT Fireworks	2120 Milwaukee Way, Tacoma, WA 98421	013086
Arrowhead Fireworks Co., Inc.	3625 Normanna Rd, Duluth, MN 55803	125673
Atlas Enterprises Inc.	6601 Nine Mile Azle Rd, Fort Worth, TX 76135	0116910
Atomic Fireworks	3660 W. Sunshine, Springfield, MO	130200
Atomic Fireworks	999 Sumter Highway, Bishopville, SC	446835
Atomic Fireworks	PO Box 190, South Pittsburg, TN	095166
B.J. Alan Company	555 Martin Luther King, Jr Blvd., Youngstown, OH 44502	262140
Central States Fireworks, Inc.	18034 Kincaid Street, Athens, IL 62613	1022659
Colonial Fireworks Company	5225 Telegraph Road, Toledo, OH 43612	177274
Falcon Fireworks	3411 Courthouse Road, Guyton, GA 31312	1037954
Fireworks & Stage FX America	PO Box 488, Lakeside, CA 92040	908304
Fireworks by Grucci, Inc.	1 Grucci Lane, Brookhaven, NY 11719	324490
Fireworks Productions, Inc.	PO Box 294, Maryland Line, MD	464796
Garden State Fireworks, Inc.	383 Carlton Road, Millington, NJ 07946	435878
Galaxy Fireworks, inc.	204 E MLK Jr Blvd, Tampa, FL 33603	809731
Gateway Fireworks Displays	PO Box 39327, St Louis, MO 63139	1325301
Global Pyrotechnics Solutions, Inc.	10476 Sunset Drive, Dittmer, MO 63023	1183902
Hamburg Fireworks Display Inc.	4300 Logan Lancaster Rd, Lancaster, OH	395079
Ingram Enterprises dba Fireworks over America	6597 W Independence Drive, Springfield, MO 65802	0268419
International Fireworks Mfg. Co.	242 Sycamore Road, Douglasville, PA 19518	385065
Island Fireworks Company	N735 825th St, Hager City, WI 54014	414583
J&M Displays, Inc.	18064 170th Ave, Yarmouth, IA 52660	377461
Jake's Fireworks/Fireworks Spectacular	2311 A West 4th St, Pittsburg, KS 66762	449599
July 4 Ever	382 Rock Cut Rd, Walden, NY 12586	803442
Kellner's Fireworks Inc.	478 Old Rte 8, Harrisville, PA	481553
Lantis Fireworks and Lasers	PO Box 491, Draper, UT 84202	195428
Lantis Fireworks Inc.	130 Sodrac Dr, N Sioux City, DK 57049	534052
Legion Fireworks Co., Inc.	10 Legion Lane, Wappingers Falls, NY 12590	554391
Lew's Fireworks, Inc.	45788 US Hwy 212, Watertown, SD 57201	333792
Mad Bomber/Planet Productions	PO Box 294, Kingsbury, IN 46345	777176
Melrose Display Company	7620 Little Mount Rd, Taylorsville, KY 40071	434586
Melrose North Pyrotechnics	9405 River Rd SE, Clear Lake, MN 55319	434586
Melrose Pyrotechnics, Inc.	PO Box 302, Kingsbury, IN 46345	434586
Melrose South Pyrotechnics	4652 Catawga River Rd, Catawga, SC 29704	545033
Montana Display Inc.	9480 Inspiration Drive, Missoula, MT 59808	1030231
Precocious Pyrotechnics, Inc.	4420-278th Ave NW, Belgrade, MN 56312	435931
Pyro Engineering Inc., dba/Bay Fireworks	110 Route 110, Suite 102, Huntington Station, NY 11746	530262
Pyro Shows Inc.	701 W. Central Ave, LaFollette, TN 37766	456818
Pyro Spectaculars, Inc.	3196 N Locust Ave, Rialto, CA 92376	029329
Pyrotechnics by Presutti, Inc.	PO Box 42, St Clairsville, OH 43950	51974
Pyrotecnico	302 Wilson Rd., New Castle, PA 16105	526749
Pyrotecnico of Louisiana, LLC	60 West Ct, Mandeville, LA 70471	548303
RES Specialty Pyrotechnics	21595 286th St, Belle Plaine, MN 56011	523981
Rich Brothers Company	700 S Marion Rd, Sioux Falls, SD 57106	001356
Rozzi's Famous Fireworks, Inc.	11605 North Lebanon Rd, Loveland, OH 45140	0483686
Skyworks, Ltd.	13513 W. Carrier Rd., Carrier, OK 73727	1421047
Spielbauer Fireworks Co, Inc.	220 Roselawn Blvd, Green Bay, WI 54301	046479
Stonebraker-Rocky Mountain Fireworks Co.	5650 Lowell Blvd, Unit E, Denver, CO 80221	0029845
Thunder Fireworks	5207 187th St, E, Tacoma, WA 98446	463284
Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc.	2235 Vermont Route 14 South, East Montpelier, VT 05651	310632
Wald & Co., Inc.	PO Box 319, Greenwood, MO 64034	087079
Walt Disney Entertainment	5700 Maple Road, Lake Buena Vista, FL 32830	148477
Western Enterprises, Inc.	PO Box 160, Carrier, OK 73727	203517
Western Fireworks, Inc.	14592 Ottaway Rd. NE, Aurora, OR 97002	838585
Winco Fireworks Int. LLC	1992 NW Hwy 50, Lone Jack, MO	259688
Wolverine Fireworks Display, Inc.	205 W Seidlers, Kawkawlin, MI	376857
Young Explosives Corp.	PO Box 18653, Rochester, NY	450304
Zambelli Fireworks MFG, Co., Inc.	PO Box 1463, New Castle, PA 16103	033167