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Notice

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

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Start Preamble

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.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Mr. Thomas L. Yager, Chief, FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations; Telephone: 202-366-4325, E-mail: MCPSD@dot.gov.

End Further Info End Preamble Start Supplemental Information

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 Start Printed Page 29265has 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.

Start Signature

Issued on: June 12, 2009.

Larry W. Minor,

Associate Administrator for Policy and Program Development.

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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 carrierAddressDOT #
Alonzo Fireworks Display, Inc.12 County Rd 75, Mechanicsville, NY 12118420639
American Promotional Events, Inc.—West/TNT Fireworks555 North Gilbert Street, Fullerton, CA 92833564520
American Promotional Events, Inc.—East Coast/TNT Fireworks4511 Helton Drive, Florence, AL 356300121384
American Promotional Events—Northwest/TNT Fireworks2120 Milwaukee Way, Tacoma, WA 98421013086
Arrowhead Fireworks Co., Inc.3625 Normanna Rd, Duluth, MN 55803125673
Atlas Enterprises Inc.6601 Nine Mile Azle Rd, Fort Worth, TX 761350116910
Atomic Fireworks3660 W. Sunshine, Springfield, MO130200
Atomic Fireworks999 Sumter Highway, Bishopville, SC446835
Atomic FireworksPO Box 190, South Pittsburg, TN095166
B.J. Alan Company555 Martin Luther King, Jr Blvd., Youngstown, OH 44502262140
Central States Fireworks, Inc.18034 Kincaid Street, Athens, IL 626131022659
Colonial Fireworks Company5225 Telegraph Road, Toledo, OH 43612177274
Falcon Fireworks3411 Courthouse Road, Guyton, GA 313121037954
Fireworks & Stage FX AmericaPO Box 488, Lakeside, CA 92040908304
Fireworks by Grucci, Inc.1 Grucci Lane, Brookhaven, NY 11719324490
Fireworks Productions, Inc.PO Box 294, Maryland Line, MD464796
Garden State Fireworks, Inc.383 Carlton Road, Millington, NJ 07946435878
Galaxy Fireworks, inc.204 E MLK Jr Blvd, Tampa, FL 33603809731
Gateway Fireworks DisplaysPO Box 39327, St Louis, MO 631391325301
Global Pyrotechnics Solutions, Inc.10476 Sunset Drive, Dittmer, MO 630231183902
Hamburg Fireworks Display Inc.4300 Logan Lancaster Rd, Lancaster, OH395079
Ingram Enterprises dba Fireworks over America6597 W Independence Drive, Springfield, MO 658020268419
International Fireworks Mfg. Co.242 Sycamore Road, Douglasville, PA 19518385065
Island Fireworks CompanyN735 825th St, Hager City, WI 54014414583
J&M Displays, Inc.18064 170th Ave, Yarmouth, IA 52660377461
Jake's Fireworks/Fireworks Spectacular2311 A West 4th St, Pittsburg, KS 66762449599
July 4 Ever382 Rock Cut Rd, Walden, NY 12586803442
Kellner's Fireworks Inc.478 Old Rte 8, Harrisville, PA481553
Lantis Fireworks and LasersPO Box 491, Draper, UT 84202195428
Lantis Fireworks Inc.130 Sodrac Dr, N Sioux City, DK 57049534052
Legion Fireworks Co., Inc.10 Legion Lane, Wappingers Falls, NY 12590554391
Lew's Fireworks, Inc.45788 US Hwy 212, Watertown, SD 57201333792
Mad Bomber/Planet ProductionsPO Box 294, Kingsbury, IN 46345777176
Melrose Display Company7620 Little Mount Rd, Taylorsville, KY 40071434586
Melrose North Pyrotechnics9405 River Rd SE, Clear Lake, MN 55319434586
Melrose Pyrotechnics, Inc.PO Box 302, Kingsbury, IN 46345434586
Melrose South Pyrotechnics4652 Catawga River Rd, Catawga, SC 29704545033
Montana Display Inc.9480 Inspiration Drive, Missoula, MT 598081030231
Precocious Pyrotechnics, Inc.4420-278th Ave NW, Belgrade, MN 56312435931
Pyro Engineering Inc., dba/Bay Fireworks110 Route 110, Suite 102, Huntington Station, NY 11746530262
Pyro Shows Inc.701 W. Central Ave, LaFollette, TN 37766456818
Pyro Spectaculars, Inc.3196 N Locust Ave, Rialto, CA 92376029329
Pyrotechnics by Presutti, Inc.PO Box 42, St Clairsville, OH 4395051974
Pyrotecnico302 Wilson Rd., New Castle, PA 16105526749
Pyrotecnico of Louisiana, LLC60 West Ct, Mandeville, LA 70471548303
RES Specialty Pyrotechnics21595 286th St, Belle Plaine, MN 56011523981
Rich Brothers Company700 S Marion Rd, Sioux Falls, SD 57106001356
Rozzi's Famous Fireworks, Inc.11605 North Lebanon Rd, Loveland, OH 451400483686
Skyworks, Ltd.13513 W. Carrier Rd., Carrier, OK 737271421047
Spielbauer Fireworks Co, Inc.220 Roselawn Blvd, Green Bay, WI 54301046479
Stonebraker-Rocky Mountain Fireworks Co.5650 Lowell Blvd, Unit E, Denver, CO 802210029845
Thunder Fireworks5207 187th St, E, Tacoma, WA 98446463284
Vermont Fireworks Co., Inc./Northstar Fireworks Co., Inc.2235 Vermont Route 14 South, East Montpelier, VT 05651310632
Wald & Co., Inc.PO Box 319, Greenwood, MO 64034087079
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Walt Disney Entertainment5700 Maple Road, Lake Buena Vista, FL 32830148477
Western Enterprises, Inc.PO Box 160, Carrier, OK 73727203517
Western Fireworks, Inc.14592 Ottaway Rd. NE, Aurora, OR 97002838585
Winco Fireworks Int. LLC1992 NW Hwy 50, Lone Jack, MO259688
Wolverine Fireworks Display, Inc.205 W Seidlers, Kawkawlin, MI376857
Young Explosives Corp.PO Box 18653, Rochester, NY450304
Zambelli Fireworks MFG, Co., Inc.PO Box 1463, New Castle, PA 16103033167
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[FR Doc. E9-14464 Filed 6-18-09; 8:45 am]

BILLING CODE 4910-EX-P