[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40874-40876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14510]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0052]


Hours of Service (HOS) of Drivers; Application by American 
Pyrotechnics Association for Exemptions From the 14-Hour Rule and the 
Electronic Logging Device Rule During Independence Day Celebrations

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

ACTION: Notice of application for exemptions; request for comments.

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SUMMARY: FMCSA announces that it has received an application from the 
American Pyrotechnics Association (APA) requesting exemptions from 
certain hours of service (HOS) regulations. Previous similar exemptions 
expired on July 8, 2021, and APA now requests the exemptions on behalf 
of 45 member companies. The exemptions would allow drivers 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 an electronic logging device (ELD) during the designated 
Independence Day periods. The requests are for the transportation of 
pyrotechnics from June 28 through July 8 of every year from 2022 
through 2026.

DATES: Comments must be received on or before August 8, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket ID FMCSA-2021-0052 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET, 
Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2021-0052) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    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.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption 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 
https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA, (202) 366-4225 or by email at [email protected]. 
If you have questions on viewing or submitting material to the docket, 
contact Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2021-0052), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number (``FMCSA-2021-0052'') in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). 
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 
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 Agency must 
publish its decision 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 specify the effective period and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

[[Page 40875]]

III. Applicant's Requests

    APA requests renewal of its HOS exemptions from the 14-hour rule in 
49 CFR 395.3(a)(2) and the ELD rule in 49 CFR 395.8(a)(1)(i) for 42 of 
60 companies included in the 2021 HOS exemptions, which expired on July 
8, 2021 [86 FR 34834]. The application also requests the exemptions on 
behalf of 3 additional companies not included in the 2021 HOS 
exemptions. A copy of the request and additional correspondence 
modifying the request are in the docket at the beginning of this 
notice.
    APA member companies have held waivers or exemptions during 
Independence Day periods each year since 2005. Copies of the initial 
request for an exemption, subsequent renewal requests, and all public 
comments received may be reviewed at www.regulations.gov under docket 
numbers FMCSA-2005-21104, FMCSA-2007-28043, FMCSA-2018-0140, and FMCSA-
2021-0052.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on APA's application for exemptions 
from 49 CFR 395.3(a)(2) and 395.8(a)(1)(i). All comments received 
before the close of business on the comment closing date indicated at 
the beginning of this notice will be considered and will be available 
for examination in the docket at the location listed under the 
Addresses section of this notice. Comments received after the comment 
closing date will be filed in the public docket and will be considered 
to the extent practicable. In addition to late comments, FMCSA will 
also continue to file, in the public docket, relevant information that 
becomes available after the comment closing date. Interested persons 
should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.

Appendix to Notice of Applications for Renewal of APA Exemptions From 
the 14-Hour and ELD HOS Rules for Independence Day Periods

        June 28, 2022 Through July 8, 2026, for 45 Motor Carriers
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                                           City, state,
        Motor carrier    Street address      zip code         DOT No.
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1     American          105 County       McDonough, NY           2115608
       Fireworks         Route 7.         13801.
       Display, LLC.
2     AM Pyrotechnics,  2429 East 535th  Buffalo, MO             1034961
       LLC.              Rd.              65622.
3     Arthur Rozzi      6607 Red Hawk    Maineville, OH          2008107
       Pyrotechnics.     Ct.              45039.
4     Artisan           82 Grace Road..  Wiggins, MS             1898096
       Pyrotechnics,                      39577.
       Inc.
5     Atlas PyroVision  136 Sharon Road  Jaffrey, NH              789777
       Entertainment                      03452.
       Group, Inc.
6     Celebration       7911 7th Street  Slatington, PA          1527687
       Fireworks, Inc.                    18080.
7     *CP Transport,    6377 Hwy. 62 NE  Lanesville, IN          3076205
       LLC.                               47136.
8     Dominion          669 Flank Road.  Petersburg, VA           540485
       Fireworks, Inc.                    23805.
9     Falcon Fireworks  3411 Courthouse  Guyton, GA              1037954
                         Road.            31312.
10    Fireworks &       12650 Hwy 67S.   Lakeside, CA             908304
       Stage FX          Suite B.         92040.
       America.
11    Fireworks by      20 Pinehurst     Bellport, NY             324490
       Grucci, Inc.      Drive.           11713.
12    Aluminum King     700 E Van Buren  Mitchell, IA             420413
       Mfg., Ltd. dba    Street.          50461.
       Flashing
       Thunder
       Fireworks.
13    Great Lakes       24805 Marine...  Eastpointe, MI          1011216
       Fireworks.                         48021.
14    Hale Artificier,  3185 East US     Lexington, NC            981325
       Inc.              Hwy. 64.         27292.
15    Hamburg           2240 Horns Mill  Lancaster, OH..          395079
       Fireworks         Road SE.
       Display, Inc.
16    Hollywood         1567 Antler      Eagan, MN 55122         1061068
       Pyrotechnics,     Point.
       Inc.
17    J&J Computing     174 Route 17     Rochelle Park,          2064141
       dba Fireworks     North.           NJ 07662.
       Extravaganza.
18    J&M Displays,     18064 170th Ave  Yarmouth, IA             377461
       Inc.                               52660.
19    Johnny Rockets    3240 Love Rock.  Steger, IL              1263181
       Fireworks                          60475.
       Display Company.
20    Las Vegas         4325 West Reno   Las Vegas, NV           3060878
       Display           Ave.             89118.
       Fireworks, Inc.
21    Legion Fireworks  10 Legion Lane.  Wappingers               554391
       Co., Inc.                          Falls, NY
                                          12590.
22    Martin & Ware     P.O. Box 322...  Hallowell, ME            734974
       Inc. dba Pyro                      04347.
       City Maine &
       Central Maine
       Pyrotechnics.
23    Miand Inc. dba    P.O. Box 294,    Kingsbury, IN            777176
       Planet            3999 Hupp Road   46345.
       Productions       R31.
       (Mad Bomber).
24    Montana Display   9480             Missoula, MT            1030231
       Fireworks, Inc.   Inspiration      59808.
                         Road.
25    *Pyro             2083 Helms Road  Rehobeth, AL            3723192
       Productions Inc.                   36301.
26    *Pyro Shows East  4652 Catawba     Catawba, SC             3709087
       Coast.            River Road.      29704.
27    Pyro Shows, Inc.  115 N 1st        LaFollette, TN           456818
                         Street.          37766.
28    Pyro Shows of     3325 Poplar      Adamsville, AL          2859710
       Alabama, Inc.     Lane.            35005.
29    Pyro Shows of     6601 9 Mile      Fort Worth, TX          2432196
       Texas, Inc.       Azle Rd.         76135.
30    Pyro              3196 N Locust    Rialto, CA               029329
       Spectaculars,     Ave.             92376.
       Inc.
31    Pyro              5301 Lang        McClellan, CA           1671438
       Spectaculars      Avenue.          95652.
       North, Inc.
32    Pyrotecnico       299 Wilson Rd..  New Castle, PA           526749
       Fireworks Inc.                     16105.
33    Rainbow           76 Plum Ave....  Inman, KS 67546         1139643
       Fireworks, Inc.
34    RES Specialty     21595 286th St.  Belle Plaine,            523981
       Pyrotechnics                       MN 56011.
       dba RES Pyro.
35    RKM Fireworks     27383 May St...  Edwardsburg, MI         1273436
       Company.                           49112.
36    Rozzi's Famous    118 Karl Brown   Loveland, OH            0483686
       Fireworks, Inc.   Way.             45140.
37    Santore's World   846 Stillwater   Schaghticoke,           2574135
       Famous            Bridge Road.     NY 12154.
       Fireworks, LLC.
38    Southern Sky      6181 Denham Rd.  Sycamore, GA            3168056
       Fireworks, LLC.                    31790-2603.
39    Spielbauer        1976 Lane Road.  Green Bay, WI            046479
       Fireworks Co,                      54311.
       Inc.
40    Starfire          682 Cole Road..  Carrolltown, PA          554645
       Corporation.                       15722.
41    Vermont           2235 Vermont     East                     310632
       Fireworks Co.,    Route 14 South.  Montpelier, VT
       dba Northstar                      05651.
       Fireworks Co.,
       Inc.

[[Page 40876]]

 
42    Western Display   10946 S. New     Canby, OR 97013          498941
       Fireworks, Ltd.   Era Rd.
43    Wolverine         205 W Seidlers.  Kawkawlin, MI..          376857
       Fireworks
       Display, Inc.
44    Young Explosives  2165 New         Canandaigua, NY          450304
       Corp.             Michigan Rd.     14618.
45    Zambelli          120 Marshall     Warrendale, PA           033167
       Fireworks MFG,    Drive.           15086.
       Co., Inc.
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[FR Doc. 2022-14510 Filed 7-7-22; 8:45 am]
BILLING CODE 4910-EX-P


