[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38378-38379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15745]

=======================================================================

-----------------------------------------------------------------------

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of revised regulatory exemption.

SUMMARY: The FMCSA announces a revision to the list of member motor carriers of the American Pyrotechnics Association (APA) that were granted an exemption from FMCSA's prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty, during the periods of June 28–July 8, inclusive, in 2011 and 2012. The exemption covered renewal of 53 APA-member motor carriers and added 9 new APA-member carriers. It allowed drivers of specified carriers who operate CMVs in conjunction with staging fireworks shows celebrating Independence Day to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour period. These drivers continue to be subject to the 11-hour driving time limit and the 60- and 70-hour weekly on-duty limits. This revision, requested by APA, removes 14 APA-member carriers that have either gone out of business or no longer require the exemption.

DATES: This revision to the exemption is effective during the period of June 28, 2012, through July 8, 2012, inclusive.

FOR FURTHER INFORMATION CONTACT: Ms. Christine Hydock, FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Telephone: 202–366–4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption from the HOS requirements in 49 CFR 395.3(a)(2) for up to 2 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 U.S.C. 31315(b)(1)).

The initial APA application for waiver or exemption relief from the 14- hour rule was submitted in 2004; a copy of the application is in the docket. That application fully describes the nature of the pyrotechnic operations of the CMV drivers employed by APA-member motor carriers during a typical Independence Day period. The CMV drivers are trained pyrotechnicians and hold commercial driver's licenses with hazardous materials endorsements. They transport fireworks and related equipment by CMV on a very demanding schedule, often to remote locations. After they arrive, the APA drivers are responsible for set-up and staging of the fireworks shows.

In 2011, FMCSA granted an exemption renewal to 53 APA-member motor carriers and added 9 new APAmember carriers (76 FR 37876 and 76 FR 37880, June 28, 2011) for their Independence Day fireworks displays in 2011 and 2012.

APA is currently requesting removal from the 2012 Independence Day exemption of 14 APA-member companies that have either gone out of business or no longer require the exemption. A list of these companies is included as Appendix A and a revised list of the 48 APA-member companies, still covered by the 2012 exemption is included as Appendix B to this notice.

The HOS rules prohibit a propertycarrying 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, 2012, inclusive, the companies named in Appendix B, and 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.

The 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 on-duty period. These drivers must continue to obtain 10 consecutive hours off duty prior to the 14-hour period, and observe the 11-hour driving time limit, as well as the 60- and 70-hour on-duty limits. The drivers must comply with all other applicable provisions of the Federal Motor Carrier Safety Regulations (49 CFR 390–399). For a full explanation of the terms and conditions of the exemption, see the Federal Register notice published on June 28, 2011 (76 FR 37876–37882).

Issued on: June 21, 2012.
Larry W. Minor,
Associate Administrator for Policy.

APPENDIX A TO THE NOTICE OF REVISED REGULATORY EXEMPTION FOR THE AMERICAN PYROTECHNICS ASSOCIATION (APA)

[Removal of 14 Motor Carriers for a Limited HOS Exemption during the 2012 Independence Day Celebrations]

APPENDIX B TO THE NOTICE OF REVISED REGULATORY EXEMPTION FOR THE AMERICAN PYROTECHNICS ASSOCIATION (APA)

[For a Limited HOS Exemption for 48 Motor Carriers during the 2012 Independence Day Celebrations]

[FR Doc. 2012–15745 Filed 6–26–12; 8:45 am]
BILLING CODE 4910–EX–P