Hours of Service of Drivers: Application for Exemption From the 14-Hour Rule During Independence Day Celebrations for Illumination Fireworks Partners, LP, and ACE Pyro, LLC
| Citation | 85 FR 36932 |
| Record Number | 2020-13160 |
| Published date | 18 June 2020 |
| Section | Notices |
| Court | Federal Motor Carrier Safety Administration,Transportation Department |
Federal Register, Volume 85 Issue 118 (Thursday, June 18, 2020)
[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Notices]
[Pages 36932-36933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13160]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0180]
Hours of Service of Drivers: Application for Exemption From the
14-Hour Rule During Independence Day Celebrations for Illumination
Fireworks Partners, LP, and ACE Pyro, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), U.S.
Department of Transportation (DOT).
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to grant Illumination Fireworks
Partners, LP, and ACE Pyro, LLC (Applicants), an exemption from the
requirements that drivers of commercial motor vehicles (CMVs) must not
drive following the 14th hour after coming on duty. The exemption will
apply solely to the drivers of 60 CMVs employed by the applicants in
conjunction with staging fireworks shows in celebration of Independence
Day during the period of June 28-July 8, for the next five years (2020-
2024) inclusive. During this period, the CMV drivers employed by the
applicants would be allowed to exclude off-duty and sleeper-berth time
of any length from the calculation of the 14 hours. These drivers will
not be allowed to drive after accumulating a total of 14 hours of on-
duty time, following 10 consecutive hours off duty, and will continue
to be subject to the 11-hour driving-time limit, and the 60 and 70-hour
on-duty limits. FMCSA has determined that the terms and conditions of
the exemption will likely achieve a level of safety equivalent to, or
greater than, the level of safety achieved without the exemption.
DATES: This exemption is effective June 18, 2020 and expires June 18,
2025.
ADDRESSES:
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 U.S. Department of Transportation 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.
The on-line Federal Docket Management System (FDMS) is available 24
hours a day, 365 days a year.
Privacy Act: 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 www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver, and Vehicle
Safety Standards; telephone: 202-366-4325. Email: [email protected]. If you
have questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov, insert the
docket number, ``FMCSA-2019-0180 in the ``Keyword'' box, and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket online by visiting the Docket Management Facility
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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the 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 the safety analyses and the public comments, 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)) including the reason for the grant or denial; the specific
person or class of persons receiving the exemption, if granted; and the
regulatory provision or provisions from which exemption is granted. The
notice must also specify the effective period of the exemption (up to
five years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Request for Exemption
The Hours of Service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a
property-carrying CMV driver from driving a CMV after the 14th hour
after coming on duty following 10 consecutive hours off duty.
Illumination Fireworks Partners, LP (USDOT 3247742), and ACE Pyro, LLC
(USDOT 1352892) (Applicants), are fireworks display companies that
employ CMV drivers who hold Commercial Driver's Licenses (CDLs) with
hazardous materials endorsements. The drivers transport Division 1.3G
and 1.4G fireworks and setup materials for fireworks shows at
Independence Day celebrations. The applicants seek an exemption from
the 14-hour rule in 49 CFR 395.3(a)(2) to permit their drivers to
exclude off-duty and sleeper-berth time of any length from the
calculation of the 14 hours. The applicants state that the basis for
the request is the existing FMCSA exemption granted to Illumination
Fireworks, LLC, and ACE Pyro, LLC, under Docket No. FMCSA-2014-0111.
They are seeking the HOS exemption because compliance with the 14-hour
rule would impose economic hardship on cities, municipalities, and
themselves. Complying with the existing regulation means that most
shows would require two drivers, significantly increasing the cost of a
fireworks display.
The applicants assert that without this exemption safety would
decline, as fireworks drivers would be unable to return to their home
base following each show, should they have fireworks remaining after a
display. Drivers would be forced to park the CMVs carrying Division
1.3G and 1.4G products in areas less secure than the motor carrier's
home base.
[[Page 36933]]
IV. Method To Ensure an Equivalent or Greater Level of Safety
To ensure an equivalent level of safety, the applicants refer to
the short distances involved in driving from the distribution point to
the site of a fireworks display, no more than 150 miles. Drivers drive
to the site of the display in the early morning during light traffic.
In addition, drivers have several hours off duty in the late afternoon
and early evening on the day of the event. Lastly, the applicants state
that they have not been involved in any reportable accidents while
operating under terms and conditions of the same exemption granted to
the previous owner of the companies.
V. Public Comments
On October 23, 2019, FMCSA published notice of this application and
asked for public comment (84 FR 56887). The Agency did not receive any
comments.
VI. FMCSA Decision
FMCSA has determined that granting an exemption to Illumination
Fireworks Partners, LP, and ACE Pyro, LLC, will likely achieve a level
of safety equivalent to or greater than the level that compliance with
the 14-hour rule would achieve. FMCSA ensured that these motor carriers
possess active USDOT registrations, have minimum required levels of
insurance, and were not subject to any ``imminent hazard'' or other
Out-of-Service (OOS) orders. The Agency conducted a comprehensive
review of the motor carriers' safety performance, which included a
review of the Motor Carrier Management Information System safety
records, and inspection and accident reports submitted to FMCSA by
state agencies.
The applicants have ``satisfactory'' safety ratings and valid
Hazardous Materials Safety Permits.
VII. Terms and Conditions of the Exemption
Period of the Exemption
The exemption from 49 CFR 395.3(a)(2) is effective from June 28
through July 8, at 11:59 p.m. local time, each year from 2020 through
2024 for the drivers employed by the applicants in this notice.
Terms and Conditions of the Exemption
Drivers covered by this exemption may exclude off-duty and sleeper-
berth time of any length from the calculation of the 14-hour limit.
This exemption is limited to drivers employed by the applicants. The
conditions of this exemption are as follows:
Drivers must not drive more than 11 hours in the 14-hour
period after coming on duty; and
Drivers must have 10 consecutive hours off duty following
14 hours on duty prior to beginning a new driving period.
The carrier 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 this exemption is in effect, no state shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may adopt the same
exemption with respect to operations in intrastate commerce.
FMCSA Notification
The applicants must notify FMCSA within five business days of any
accident (as defined by 49 CFR 390.5) involving the operation of any of
their CMVs while under this exemption. The notification must be emailed
to [email protected] and include the following information:
a. Name of the Exemption: ``Illumination Fireworks Partners or Ace
Pyro'';
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 [email protected] as soon as
available.
Termination
The FMCSA does not believe the drivers covered by this exemption
will experience any deterioration of their safety record. However,
should this occur, FMCSA will take all steps necessary to protect the
public interest, including revoking the exemption. The FMCSA will
revoke the exemption immediately for failure to comply with its terms
and conditions.
James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-13160 Filed 6-17-20; 8:45 am]
BILLING CODE 4910-EX-P
