Hours of Service (HOS) of Drivers; Application for Renewal of American Pyrotechnics Association Exemptions From the 14-Hour Rule and the Electronic Logging Device Rule During Independence Day Celebrations
| Citation | 86 FR 34834 |
| Published date | 30 June 2021 |
| Record Number | 2021-13892 |
| Section | Notices |
| Court | Federal Motor Carrier Safety Administration |
34834
Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Notices
Building Ground Floor, Washington, DC
20590–0001.
•Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
•Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
http://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
http://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
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20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT
:
Keira Jones, Office of Rulemaking,
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC.
Timothy R. Adams,
Acting Executive Director, Office of
Rulemaking.
Petition for Exemption
Docket No.: FAA–2021–0351.
Petitioner: Sikorsky Aircraft
Corporation.
Section(s) of 14 CFR Affected:
§§ 91.225(b) and 91.227(d)(18).
Description of Relief Sought: Sikorsky
Aircraft Corporation (Sikorsky) seeks
relief from §§ 91.225(b) and
91.227(d)(18) to conduct research and
development, market survey, and
customer training flights for two S–70i
type aircraft (N8034M and N8048X) that
are not type certified. Sikorsky operates
these aircraft with a special
airworthiness certificate under
experimental category. The requested
exemption will allow Sikorsky to
operate in airspace that requires
Automatic Dependent Surveillance–
Broadcast (ADS–B) out equipment
utilizing a system which enhances the
aircraft capabilities and increases
situational awareness in the interest of
public safety.
[FR Doc. 2021–13960 Filed 6–29–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0052]
Hours of Service (HOS) of Drivers;
Application for Renewal of American
Pyrotechnics Association Exemptions
From the 14-Hour Rule and the
Electronic Logging Device Rule During
Independence Day Celebrations
AGENCY
: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION
: Notice of final disposition; grant
of exemptions.
SUMMARY
: FMCSA announces its
decision to grant, in part, the
application of the American
Pyrotechnics Association (APA) for
renewal of exemptions from certain
hours of service (HOS) regulations that
expired on July 8, 2020. The request is
being made on behalf of 60 APA
member companies. The exemptions
will allow drivers for these companies
to exclude off-duty and sleeper berth
time of any length from the calculation
of the 14-hour limit and to use paper
records of duty status (RODS) in lieu of
electronic logging devices (ELD) during
the 2021 Independence Day period.
FMCSA has analyzed the application for
exemptions and the public comments
and has determined that the
exemptions, subject to the terms and
conditions imposed, will likely achieve
a level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemptions.
DATES
: These exemptions are effective
June 28 through July 8, 2021.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
operations.
FOR FURTHER INFORMATION CONTACT
: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; (202) 366–4225; MCPSD@
dot.gov. If you have questions on
viewing or submitting material to the
docket, contact Dockets Operations,
(202) 366–9826.
SUPPLEMENTARY INFORMATION
:
I. Public Participation
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2021–0052’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (Newer-
Older),’’ choose the first notice listed,
click ‘‘Browse Comments.’’
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number ‘‘FMCSA–2021–0052’’ in
the keyword box, click ‘‘Search,’’ and
chose the document to review.
If you do not have access to the
internet, you may view the docket
online by visiting Dockets Operations in
Room W12–140 on the ground floor of
the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from certain Federal Motor
Carrier Safety Regulations. FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
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III. Background
Current Regulatory Requirements
The HOS rule in 49 CFR 395.3(a)(2)
prohibits the driver of a property-
carrying commercial motor vehicle
(CMV) from driving after the 14th hour
after coming on duty following 10
consecutive hours off duty. Drivers
required to prepare RODS must do so
using ELDs. However, under 49 CFR
395.8(a)(1)(iii)(1), a motor carrier may
allow its drivers to record their duty
status manually, rather than use an ELD,
if the driver is operating a CMV ‘‘[i]n a
manner requiring completion of a record
of duty status on not more than 8 days
within any 30-day period.’’
Applicant’s Requests
APA requests temporary relief from
both provisions discussed above
because employees for its member
companies need to drive CMVs after the
end of the 14-hour period and because
the proposed exemption period from
June 28 through July 8 is 11 days long,
which exceeds the exception from the
ELD requirement (up to 8 days in a 30
consecutive-day period). APA explains
that without the extra time each day
provided by the exemption from the 14-
hour rule, safety would decline because
APA drivers would be unable to return
to their home base after each show.
They would be forced to park the CMVs
carrying HM 1.1G, 1.3G and 1.4G
products in areas less secure than the
motor carrier’s home base. Without the
exemption from the ELD rule, these
companies would be required to
purchase/lease ELD systems for a
limited period of 11 days.
APA requests renewal of its HOS
exemptions from the 14-hour rule for 58
of 61 member-companies included in
the 2016 through 2020 waivers or
exemptions and from the ELD rule for
the same member companies included
in the 2019 through 2020 waivers or
exemptions. The HOS exemptions or
waivers for 61 of its members expired
on July 8, 2020. The current
applications cover 58 members that
previously held exemptions and 2
additional member companies not
previously covered by the exemptions.
APA has removed 3 member companies
previously included in the 14-hour and
ELD relief from the list, leaving 60 of its
member companies applying for
exemptions from the 14-hour rule and
the ELD rule. Copies of the 2021
requests are included in the docket
referenced at the beginning of this
notice.
Various APA members have held
waivers or exemptions during
Independence Day periods from 2005
through 2014. On May 9, 2016, the
current exemption for APA members
was extended to July 8, 2020, pursuant
to section 5206(b)(2)(A) of the Fixing
America’s Surface Transportation
(FAST) Act. Copies of the initial request
for an exemption from the 14-hour rule,
subsequent renewal requests, and all
public comments received may be
reviewed at www.regulations.gov under
docket numbers FMCSA–2005–21104
and FMCSA–2007–28043.
FMCSA granted APA’s application for
relief from the ELD rule on February 19,
2019, covering the Independence Day
celebrations for 2019 and 2020. A copy
of that request and the public comments
received are located at
www.regulations.gov under docket
number FMCSA–2018–0140.
V. Method To Ensure an Equivalent or
Greater Level of Safety
APA believes an equivalent level of
safety will be achieved because the
fireworks are transported over relatively
short routes from distribution points to
the site of the fireworks display, and
normally in the morning when traffic is
light. APA also believes that fatigued
driving is reduced and/or eliminated
because drivers spend considerable time
installing, wiring, and safety-checking
the fireworks displays at the site,
followed by several hours off duty in the
late afternoon and early evening prior to
the event; during this time, the drivers
are allowed to rest or take a nap.
Additionally, these drivers would
continue to use paper RODS in lieu of
an ELD during the designated
Independence Day periods. The
scheduled off duty time and use of
RODS will ensure that fatigued driving
is managed.
VI. Public Comments
On May 4, 2021, FMCSA published
notice of this application and requested
public comments (86 FR 23779). The
Agency received three comments, all
opposing the exemptions. Miner’s Inc.
said ‘‘No need to extend hours of
service. Team drivers can keep the load
moving. This can also be used for
livestock.’’ Another commenter, John
Koglman, wrote, ‘‘14 hr. Mandatory
ELD, one or the other. Truckers are not
children, no safer highways [since] both
rules have been in place. Too much
money being allocated for enforcement,
not much spent to make truck driving
bearable . . .’’ The third commenter,
Joshua Hilton, asked, ‘‘What part of
shall not be infringed do you not
understand?’’
VII. FMCSA Response and Decision
FMCSA has determined that granting
these exemptions to APA member-
companies will likely achieve a level of
safety equivalent to or greater than the
level that compliance with the HOS
rules would ensure. The Agency agrees
with the APA that the operational
demands of this unique industry
minimize the risk of CMV crashes.
Generally, the CMV drivers covered by
the exemption transport fireworks over
relatively short routes from distribution
points to the site of the fireworks
display, and normally do so in the
morning hours when drivers are less
likely to encounter heavy traffic and
congestion. When the drivers arrive at
the work site, they spend most of their
time setting up the fireworks displays,
followed by several hours off duty in the
late afternoon and early evening prior to
the event. During the off-duty breaks,
drivers are able to rest and nap, thereby
reducing the risk of fatigue towards the
end of the work shift. Before beginning
another duty day, these drivers must
take 10 consecutive hours off duty, the
same as other CMV drivers. FMCSA
notes that the individuals spend very
little time driving during any given
work shift and they must adhere to the
weekly hours-of-service limits which
prohibit operating a CMV after
accumulating 60 hours on duty within
7 consecutive days, or 70 hours on duty
within 8 consecutive days.
FMCSA anticipates, and understands
from discussions with APA, that drivers
will be unable to exceed the 14-hour
limit every night and yet still have time
to take 10 consecutive hours off duty.
But drivers may work long days
followed by short days, alternating back
and forth. Such arrangements will likely
vary from company to company,
depending on event schedules. In any
case, drivers and motor carriers
operating under the exemption remain
subject to the requirement for 10
consecutive hours off duty, and they
must maintain records of duty status.
With regard to ELDs, the current
regulations include an exception for
motor carriers that are required to
prepare records of duty status for 8 days
or less during a 30 consecutive day
period. However, the APA members in
question would need relief from the
requirements for 11 days. Therefore, the
exemption would only provide 3
additional days of relief beyond the
existing rule. The Agency does not
believe safety will be decreased through
the use of paper RODS and supporting
documents during the 3 additional days.
The carriers will be subject to the
current record retention requirement,
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for the records generated during the
timeframe of this exemption and the
Agency will have access to the RODS for
6 months from the date the records were
prepared including corresponding
supporting documents. The carriers also
could be subject to civil penalties for
failure to maintain the RODS and
supporting documents for the entire
period of the exemption and 6 months
thereafter.
In addition, FMCSA has ensured that
each motor carrier possesses an active
USDOT registration, minimum required
levels of insurance as required by 49
CFR part 387, and is not subject to any
‘‘imminent hazard’’ or other out-of-
service (OOS) orders. The Agency
conducted a comprehensive review of
the safety performance history on each
of the motor carriers listed in the
appendix table during the review
process. As part of this process, FMCSA
reviewed its Motor Carrier Management
Information System safety records,
including inspection and accident
reports submitted to FMCSA by State
agencies. The motor carriers have
‘‘satisfactory’’ safety ratings and valid
Hazardous Materials Safety Permits. The
member carriers may be subject to
investigations prior to future renewal of
the exemption.
FMCSA acknowledges the concerns of
commenters and has decided to limit
the exemption to the 2021
Independence Day season, rather than
granting a multi-year exemption as
requested by APA. The Agency will
review the impact of the exemption
following the 2021 Independence Day
Celebration and seek public comment
whether similar relief should be granted
in future years, if requested by APA.
VIII. Terms and Conditions of the
Exemptions
Period of the Exemption
The requested HOS exemptions from
49 CFR 395.3(a)(2) and 49 CFR
395.8(a)(1)(i) are effective from June 28
through July 8, 2021, 11:59 p.m. local
time.
Terms and Conditions of the
Exemptions
The exemptions are limited to drivers
employed by the 58 motor carriers
previously covered by the exemptions,
and drivers employed by the two
additional carriers identified by an
asterisk in the appendix table of this
notice. Drivers covered by these
exemptions will be able to exclude off-
duty and sleeper-berth time of any
length from the calculation of the 14-
hour limit. Drivers will be able to use
paper RODs in lieu of ELDs to record
their HOS. The conditions of these are
as follows:
•Drivers must not drive more than 11
hours after accumulating 14 hours on
duty prior to beginning a new driving
period;
•Drivers must have 10 consecutive
hours off duty following 14 hours on
duty prior to beginning a new driving
period;
•Drivers must use paper RODs,
maintain RODS for 6 months from the
date the record is prepared, and make
RODS accessible to law enforcement
upon request;
•Drivers subject to the ELD
requirements prior to June 28 must
continue to use ELDs, maintain ELD
data for 6 months from the date the
electronic record is generated, and make
ELD data accessible to law enforcement
upon request; and
•The carriers and drivers must
comply with all other requirements of
the Federal Motor Carrier Safety
Regulations (49 CFR parts 350–399) and
Hazardous Materials Regulations (49
CFR parts 105–180).
Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period these
exemptions would be in effect, no State
shall enforce any law or regulation
applicable to interstate commerce that
conflicts with or is inconsistent with the
exemptions with respect to a firm or
person operating under the exemptions.
States may, but are not required to,
adopt the same exemptions with respect
to operations in intrastate commerce.
Notification to FMCSA
Exempt motor carriers are required to
notify FMCSA within 5 business days of
any accidents (as defined by 49 CFR
390.5) involving the operation of any of
their CMVs while under these
exemptions. The notification must be
made by email to MCPSD@DOT.GOV
and include the following information:
a. Identifier of the Exemptions:
‘‘APA’’;
b. Date of the accident;
c. City or town, and State, in which
the accident occurred, or which is
closest to the scene of the accident;
d. Driver’s name and driver’s license
State, number, and class;
e. Co-Driver’s name and driver’s
license State, number, and class;
f. Vehicle company number and
power unit license plate State and
number;
g. Number of individuals suffering
physical injury;
h. Number of fatalities;
i. The police-reported cause of the
accident;
j. Whether the driver was cited for
violation of any traffic laws, or motor
carrier safety regulations; and
k. The total driving time and the total
on-duty time of the CMV driver at the
time of the accident.
In addition, if there are any injuries or
fatalities, the carrier must forward the
police accident report to MCPSD@
DOT.GOV as soon as available.
Meera Joshi,
Deputy Administrator.
A
PPENDIX TO
N
OTICE OF
A
PPLICATIONS FOR
R
ENEWAL OF
APA E
XEMPTIONS
F
ROM THE
14-H
OUR AND
ELD HOS R
ULES
FOR
I
NDEPENDENCE
D
AY
P
ERIODS
J
UNE
28, 2021 T
HROUGH
J
ULY
8, 2021
FOR
60 M
OTOR
C
ARRIERS
Motor carrier Street address City, state, zip code DOT No.
1. American Fireworks Company ........... 7041 Darrow Road ................................... Hudson, OH 44236 ................................... 103972
2. American Fireworks Display, LLC ...... 105 County Route 7 ................................. McDonough, NY 13801 ............................ 2115608
3. AM Pyrotechnics, LLC ........................ 2429 East 535th Rd .................................. Buffalo, MO 65622 .................................... 1034961
4. Arthur Rozzi Pyrotechnics .................. 6607 Red Hawk Ct ................................... Maineville, OH 45039 ............................... 2008107
5. Artisan Pyrotechnics, Inc .................... 82 Grace Road ......................................... Wiggins, MS 39577 .................................. 1898096
6. * Atlas Importers, Inc .......................... 1570 S Hwy. 501 ...................................... Marion, SC 29571 ..................................... 449827
7. Atlas PyroVision Entertainment
Group, Inc. 136 Sharon Road ..................................... Jaffrey, NH 03452 ..................................... 789777
8. Celebration Fireworks, Inc ................. 7911 7th Street ......................................... Slatington, PA 18080 ................................ 1527687
9. Central States Fireworks, Inc ............. 18034 Kincaid Street ................................ Athens, IL 62613 ...................................... 1022659
10. * Dominion Fireworks, Inc ................. 669 Flank Road ........................................ Petersburg, VA 23805 .............................. 540485
11. Falcon Fireworks .............................. 3411 Courthouse Road ............................ Guyton, GA 31312 .................................... 1037954
12. Fireworks & Stage FX America ........ 12650 Hwy 67S, Suite B .......................... Lakeside, CA 92040 ................................. 908304
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A
PPENDIX TO
N
OTICE OF
A
PPLICATIONS FOR
R
ENEWAL OF
APA E
XEMPTIONS
F
ROM THE
14-H
OUR AND
ELD HOS R
ULES
FOR
I
NDEPENDENCE
D
AY
P
ERIODS
J
UNE
28, 2021 T
HROUGH
J
ULY
8, 2021
FOR
60 M
OTOR
C
ARRIERS
—Continued
Motor carrier Street address City, state, zip code DOT No.
13. Fireworks by Grucci, Inc .................. 20 Pinehurst Drive .................................... Bellport, NY 11713 ................................... 324490
14. Legal Aluminum King Mfg., Ltd. dba
Flashing. 700 E Van Buren Street ........................... Mitchell, IA 50461 ..................................... 420413
15. Gateway Fireworks Displays ............ P.O. Box 39327 ........................................ St Louis, MO 63139 .................................. 1325301
16. Great Lakes Fireworks ..................... 24805 Marine ............................................ Eastpointe, MI 48021 ................................ 1011216
17. Hale Artificier, Inc ............................. 3185 East US Highway 64 ....................... Lexington, NC 27292 ................................ 981325
18. Hamburg Fireworks Display, Inc ...... 2240 Horns Mill Road SE ......................... Lancaster, OH ........................................... 395079
19. Hawaii Explosives & Pyrotechnics,
Inc. 17–7850 N Kulani Road ........................... Mountain View, HI 96771 ......................... 1375918
20. Hollywood Pyrotechnics, Inc ............ 1567 Antler Point ...................................... Eagan, MN 55122 ..................................... 1061068
21. Mike Eicher, dba Homeland Fire-
works, Inc. 5235 John Day Hwy ................................. Jamieson, OR 97909 ................................ 1377525
22. International Fireworks Mfg. Com-
pany. 242 Sycamore Road ................................. Douglassville, PA 19518 ........................... 385065
23. J&J Computing dba Fireworks Ex-
travaganza. 174 Route 17 North .................................. Rochelle Park, NJ 07662 .......................... 2064141
24. J&M Displays, Inc ............................. 18064 170th Ave ...................................... Yarmouth, IA 52660 .................................. 377461
25. Johnny Rockets Fireworks Display
Company. 3240 Love Rock ........................................ Steger, IL 60475 ....................................... 1263181
26. Lantis Fireworks, Inc ........................ 130 Sodrac Dr., Box 229 .......................... N Sioux City, SD 57049 ........................... 534052
27. Las Vegas Display Fireworks, Inc .... 4325 West Reno Ave ............................... Las Vegas, NV 89118 .............................. 3060878
28. Legion Fireworks Co., Inc ................ 10 Legion Lane ......................................... Wappingers Falls, NY 12590 .................... 554391
29. Magic in the Sky, LLC ...................... 27002 Campbellton Road ......................... San Antonio, TX 78264 ............................ 2134163
30. Martin & Ware Inc. dba Pyro City
Maine & Central Maine Pyrotechnics. P.O. Box 322 ............................................ Hallowell, ME 04347 ................................. 734974
31. Miand Inc. dba Planet Productions
(Mad Bomber) bBoBBomberBomber). P.O. Box 294, 3999 Hupp Road R31 ....... Kingsbury, IN 46345 ................................. 777176
32. Melrose Pyrotechnics, Inc ................ 1 Kingsbury Industrial Park ...................... Kingsbury, IN 46345 ................................. 434586
33. Montana Display Fireworks, Inc ....... 9480 Inspiration Road .............................. Missoula, MT 59808 ................................. 1030231
34. Pyro Shows, Inc ............................... 115 N 1st Street ....................................... LaFollette, TN 37766 ................................ 456818
35. Pyro Shows of Alabama, Inc ............ 3325 Poplar Lane ..................................... Adamsville, AL 35005 ............................... 2859710
36. Pyro Shows of Texas, Inc ................ 6601 9 Mile Azle Rd. ................................ Fort Worth, TX 76135 ............................... 2432196
37. Pyro Spectaculars, Inc ..................... 3196 N Locust Ave ................................... Rialto, CA 92376 ...................................... 029329
38. Pyro Spectaculars North, Inc ........... 5301 Lang Avenue ................................... McClellan, CA 95652 ................................ 1671438
39. Pyrotechnic Display, Inc ................... 8450 W St. Francis Rd. ............................ Frankfort, IL 60423 ................................... 1929883
40. Pyrotecnico Fireworks Inc ................ 299 Wilson Rd .......................................... New Castle, PA 16105 ............................. 526749
41. Pyrotecnico FX, LLC ........................ 6965 Speedway Blvd. Suite 115 .............. Las Vegas, NV 89115 .............................. 1610728
42. Rainbow Fireworks, Inc .................... 76 Plum Ave ............................................. Inman, KS 67546 ...................................... 1139643
43. RES Specialty Pyrotechnics dba
RES Pyro. 21595 286th St ......................................... Belle Plaine, MN 56011 ............................ 523981
44. RKM Fireworks Company ................ 27383 May St ........................................... Edwardsburg, MI 49112 ........................... 1273436
45. Rozzi’s Famous Fireworks, Inc ........ 118 Karl Brown Way ................................. Loveland, OH 45140 ................................. 0483686
46. Santore’s World Famous Fireworks,
LLC. 846 Stillwater Bridge Road ....................... Schaghticoke, NY 12154 .......................... 2574135
47. Sky Wonder Pyrotechnics, LLC ....... 3626 CR 203 ............................................ Liverpool, TX 77577 ................................. 1324580
48. Sorgi American Fireworks Michigan,
LLC. 935 Wales Ridge Rd ................................ Wales, MI 48027 ....................................... 02475727
49. Southern Sky Fireworks, LLC .......... 6181 Denham Rd ..................................... Sycamore, GA 31790–2603 ..................... 3168056
50. Spielbauer Fireworks Co, Inc ........... 1976 Lane Road ....................................... Green Bay, WI 54311 ............................... 046479
51. Spirit of 76, LLC ............................... 6401 West Hwy 40 ................................... Columbia, MO 65202 ................................ 2138948
52. Starfire Corporation .......................... 682 Cole Road .......................................... Carrolltown, PA 15722 .............................. 554645
53. Vermont Fireworks Co., dba
Northstar Fireworks Co., Inc. 2235 Vermont Route 14 South ................. East Montpelier, VT 05651 ....................... 310632
54. Wald & Company All American Dis-
play Fireworks Company. 16004 South State 291 Highway .............. Greenwood, MO 64034 ............................ 87079
55. Western Display Fireworks, Ltd ....... 10946 S New Era Rd ............................... Canby, OR 97013 ..................................... 498941
56. Western Enterprises, Inc .................. 13513 W Carrier Rd ................................. Carrier, OK 73727 .................................... 203517
57. Wolverine Fireworks Display, Inc ..... 205 W Seidlers ......................................... Kawkawlin, MI ........................................... 376857
58. Young Explosives Corp .................... 2165 New Michigan Rd ............................ Canandaigua, NY 14618 .......................... 450304
59. Zambelli Fireworks MFG, Co., Inc ... 120 Marshall Drive .................................... Warrendale, PA 15086 ............................. 033167
60. ZY Pyrotechnics, LLC dba
Skyshooter Displays, Inc. 1014 Slocum Road ................................... Wapwallopen, PA 18660 .......................... 2149202
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34838
Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Notices
[FR Doc. 2021–13892 Filed 6–29–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Fiscal Year 2021 Competitive Funding
Opportunity: Areas of Persistent
Poverty Program
SUMMARY
: Federal Transit
Administration (FTA), U.S. Department
of Transportation (DOT).
SUMMARY
: Notice of funding
opportunity (NOFO).
SUMMARY
: The Federal Transit
Administration (FTA) announces the
opportunity to apply for $16,259,614 in
funding from Fiscal Year (FY) 2020
($39,614) and FY 2021 ($16,220,000) for
the Areas of Persistent Poverty Program
(Federal Assistance Listing: 20.505). As
required by law, funds will be awarded
competitively for planning, engineering,
or development of technical or
financing plans for projects that assist
areas of persistent poverty. FTA may
award additional funds if they are made
available to the program prior to the
announcement of project selections.
DATES
: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. Eastern Time on August 30,
2021. Prospective applicants should
initiate the process by registering on the
GRANTS.GOV website immediately to
ensure completion of the application
process before the submission deadline.
Instructions for applying can be found
on FTA’s website at http://
transit.dot.gov/howtoapply and in the
‘‘FIND’’ module of GRANTS.GOV. The
funding opportunity ID is FTA–2021–
005–TPE. Mail and fax submissions will
not be accepted.
FOR FURTHER INFORMATION CONTACT
:
Tonya P. Holland, FTA Office of
Planning and Environment, 202–493–
0283, or tonya.holland@dot.gov. A TDD
is available at 1–800–877–8339 (TDD/
FIRS).
SUPPLEMENTARY INFORMATION
:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
The Areas of Persistent Poverty
Program provides funds to eligible
recipients or subrecipients under Title
49 U.S.C. Sections 5307, 5310, or 5311
located in areas of persistent poverty.
Funding to implement the Areas of
Persistent Poverty Program was
appropriated by the Further
Consolidated Appropriations Act, 2020
(Pub. L. 116–94, Dec. 20, 2019) and the
Consolidated Appropriations Act, 2021
(Pub. L. 116–260, Dec. 27, 2020), and
will be awarded through a competitive
process, as described in this notice. This
funding opportunity is occurring under
Federal Assistance Listing number
20.505.
FTA will award grants to eligible
applicants for planning, engineering, or
development of technical or financing
plans for projects eligible under Chapter
53 of title 49, United States Code.
Applicants are encouraged to work with
non-profits or other entities of their
choosing to develop an eligible project.
An eligible project for this NOFO is
defined as a planning study (including
a planning and environmental linkages
study that advances the environmental
analysis and review process as part of
the metropolitan planning process), an
engineering study, a technical study, or
a financial plan.
This program supports FTA’s strategic
goals and objectives through the timely
and efficient investment in public
transportation. This program also
supports the Biden-Harris
Administration’s agenda to mobilize
American ingenuity to build modern
infrastructure and an equitable, clean
energy future. By supporting increased
transit access for environmental justice
(EJ) populations (see FTA Circular
4703.1), equity-focused community
outreach, public engagement of
underserved communities, adoption of
equity-focused policies, reducing
greenhouse gas emissions, and
addressing the effects of climate change,
FTA’s Areas of Persistent Poverty
Program advances the goals of Executive
Order 13985: Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government; Executive Order 13990:
Protecting Public Health and the
Environment and Restoring Science to
Tackle the Climate Crisis; and Executive
Order 14008: Tackling the Climate
Crisis at Home and Abroad.
FTA seeks to use the Areas of
Persistent Poverty Program to encourage
racial equity in two areas: (1) Planning
and policies related to racial equity and
barriers to opportunity; and (2)
engineering, or development of
technical or financing plans, for project
investments that either proactively
addresses racial equity and barriers to
opportunity, including automobile
dependence as a form of barrier, or
redress prior inequities and barriers to
opportunity.
B. Federal Award Information
FTA intends to award all available
funding (approximately $16.26 million)
in the form of grants to selected
applicants responding to this NOFO.
Additional funds made available for this
program prior to project selection may
be allocated to eligible projects. Funds
will remain available for obligation for
four fiscal years, not including the year
in which the funds are allocated to
projects.
Only proposals from eligible
recipients for eligible activities will be
considered for funding. FTA anticipates
a maximum grant award not to exceed
$850,000.
In response to a NOFO that closed on
May 4, 2020, FTA received applications
for 28 eligible projects requesting a total
of $11,062,307. Of the 28 projects, 25
projects were selected and funded for a
total of $8.46 million.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants include States,
tribes, and designated or direct
recipients eligible under 49 U.S.C. 5307,
49 U.S.C. 5310, or 49 U.S.C. 5311 that
are located in areas of persistent
poverty. State departments of
transportation may apply on behalf of
eligible applicants within their States.
Applicants are also encouraged to work
with non-profit organizations.
For the funding made available in FY
2021, eligible projects must be located:
(1) In a county that had greater than or
equal to 20 percent of the population
living in poverty over the 30-year period
preceding the date of enactment of the
Consolidated Appropriations Act, 2021
(Pub. L. 116–260, December 27, 2020),
as measured by the 1990 and 2000
decennial census and the most recent
Small Area Income and Poverty
Estimates, or (2) in a census tract with
a poverty rate of at least 20 percent as
measured by the 2014–2018 five-year
data series available from the American
Community Survey of the Bureau of the
Census; or (3) in any territory or
possession of the United States. Use this
link to confirm that your proposed
project is in an Area of Persistent
Poverty and document that in the
Supplemental Form to the application—
https://datahub.transportation.gov/
stories/s/tsyd-k6ij.
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