30-day Comment Federal Register Notice

Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices
Background: The FMCSA is
authorized to register certain for-hire
Mexico-domiciled long-haul motor
carriers of regulated commodities under
the provisions of 49 U.S.C. 13902 and
the North American Free Trade
Agreement (NAFTA) motor carrier
access provision. The Form OP–1(MX)
is used by FMCSA to register those
Mexico-domiciled motor carriers. It
requests information on the applicant’s
identity, location, familiarity with safety
requirements, and type of proposed
operations. This ICR is being revised
due to a Final Rule titled, ‘‘Unified
Registration System,’’ (78 FR 52608),
dated August 23, 2013, that will
incorporate all registration form
requirements included in this ICR,
except the Form OP–1(MX), into the
Form MCSA–1 in the OMB Control
Number 2126–0051, ‘‘FMCSA
Registration/Updates,’’ ICR effective
October 23, 2015. The Form OP–1(MX)
was excluded from the Form MCSA–1
because its information collection
requirements are beyond the scope of
the Unified Registration System Final
Rule.
Public Comments Invited:
FMCSA requests that you comment
on any aspect of this information
collection, including: (1) Whether the
proposed collection is necessary for
FMCSA to perform its functions, (2) the
accuracy of the estimated burden, (3)
ways for the FMCSA to enhance the
quality, usefulness, and clarity of the
collected information, and (4) ways that
the burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued under the authority delegated in 49
CFR 1.87 on: June 19, 2015.
G. Kelly Regal,
Associate Administrator, Office of Research
and Information Technology.
[FR Doc. 2015–15721 Filed 6–25–15; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration

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[Docket No. FMCSA 2015–0081]

Agency Information Collection
Activities; Extension of a CurrentlyApproved Information Collection
Request: Application for Certificate of
Registration for Foreign Motor Carriers
and Foreign Motor Private Carriers
Federal Motor Carrier Safety
Administration (FMCSA), DOT.

AGENCY:

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Notice and request for
comments.

ACTION:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval. The FMCSA
requests approval to extend an ICR
titled, ‘‘Application for Certificate of
Registration for Foreign Motor Carriers
and Foreign Motor Private Carriers,’’
that requires foreign (Mexico-based) forhire and private motor carriers to file an
application Form OP–2 if they wish to
register to transport property only
within municipalities in the United
States on the U.S.-Mexico international
borders or within the commercial zones
of such municipalities. On April 3,
2014, FMCSA published a Federal
Register notice allowing for a 60-day
comment period on this ICR. The
agency received no comments in
response to that notice.
DATES: Please send your comments to
this notice by July 27, 2015. OMB must
receive your comments by this date to
act quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2015–0081. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, faxed to (202) 395–6974,
or mailed to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, Docket
Library, Room 10102, 725 17th Street
NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeff Secrist, East and South Division/
MC–RSE, Chief, Department of
Transportation, Federal Motor Carrier
Safety Administration, 6th Floor, West
Building, 1200 New Jersey Ave. SE.,
Washington DC 20590. Telephone
Number: (202) 385–2367; Email
Address: [email protected]. Office
hours are from 9:00 a.m. to 5:00 p.m.,
Monday through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Title: Application for Certificate of
Registration for Foreign Motor Carriers
and Foreign Motor Private Carriers.
OMB Control Number: 2126–0019.
SUMMARY:

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36893

Type of Request: Extension of a
currently-approved information
collection.
Respondents: Foreign motor carriers
and commercial motor vehicle drivers.
Estimated Number of Respondents:
380.
Estimated Time per Response: 4 hours
to complete Form OP–2.
Expiration Date: September 30, 2015.
Frequency of Response: Other (Once).
Estimated Total Annual Burden:
1,520 hours [380 responses x 4 hours to
complete Form OP–2 = 1,520].
Background
Title 49 U.S.C. 13901 and 13902
contains basic licensing procedures for
registering foreign (Mexico-based) motor
carriers to operate across the U.S.Mexico international border into the
United States. Part 368 of title 49, CFR,
contains the regulations that require
foreign (Mexico-based) motor carriers to
apply to the FMCSA for a Certificate of
Registration to provide interstate
transportation in municipalities in the
United States on the U.S.-Mexico
international border or within the
commercial zones of such
municipalities as defined in 49 U.S.C.
13902(c)(4)(A). The FMCSA carries out
this registration program under
authority delegated by the Secretary of
Transportation.
Foreign (Mexico-based) motor carriers
use Form OP–2 to apply for Certificate
of Registration authority at the FMCSA.
The form requests information on the
foreign motor carrier’s name, address,
U.S. DOT Number, form of business
(e.g., corporation, sole proprietorship,
partnership), locations where the
applicant plans to operate, types of
registration requested (e.g., for-hire
motor carrier, motor private carrier),
insurance, safety certifications,
household goods arbitration
certifications, and compliance
certifications.
Public Comments Invited
FMCSA requests that you comment
on any aspect of this information
collection, including: (1) Whether the
proposed collection is necessary for
FMCSA to perform its functions, (2) the
accuracy of the estimated burden, (3)
ways for the FMCSA to enhance the
quality, usefulness, and clarity of the
collected information, and (4) ways that
the burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.

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36894

Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices

Issued under the authority delegated in 49
CFR 1.87 on: June 19, 2015.
G. Kelly Regal,
Associate Administrator, Office of Research
and Information Technology.
[FR Doc. 2015–15722 Filed 6–25–15; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0111]

Hours of Service of Drivers: Renewal
of Illumination Fireworks, LLC and
ACE Pyro, LLC Exemptions From the
14-Hour Rule During Independence
Day Celebrations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of applications for exemptions.
AGENCY:

FMCSA announces its
decision to grant exemptions to
Illumination Fireworks, LLC and ACE
Pyro, LLC (the applicants) from the
requirement that drivers of commercial
motor vehicles (CMVs) must not drive a
CMV following the 14th hour after
coming on duty. The FMCSA renews
the exemptions for drivers of
approximately 50 CMVs employed by
the applicants in conjunction with
staging fireworks shows celebrating
Independence Day during the period
June 28–July 8, 2015, inclusive. During
this period, the CMV drivers employed
by the applicants will 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 60and 70-hour on-duty limits. The Agency
has determined that the terms and
conditions of the limited 1-year
exemptions will ensure a level of safety
equivalent to, or greater than, the level
of safety achieved without the
exemptions.
DATES: These exemptions are effective
during the period of June 28 (12:01 a.m.)
through July 8, 2015 (11:59 p.m.).
FOR FURTHER INFORMATION CONTACT: Mrs.
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards;
Telephone: 202–366–4325, Email:
[email protected], Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.

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SUMMARY:

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Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, 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. The online Federal document management
system is available 24 hours each day,
365 days each year. The docket number
is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
The hours-of-service (HOS) rule in 49
CFR 395.3(a)(2) prohibits a propertycarrying CMV driver from driving a
CMV after the 14th hour after coming on
duty following 10 consecutive hours off
duty. 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 (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 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 and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
Request for Exemption
The initial exemption application
from Illumination Fireworks, LLC
(USDOT 2326703) and ACE Pyro, LLC
(USDOT 1352892) (the applicants) for
relief from the HOS rule was submitted
in 2014; a copy is in the docket. That
document fully described the nature of
operations encountered by CMV drivers
employed by the applicants. On June 28,
2014, the Agency granted the

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applicants’ exemptions from the HOS
regulation that prohibits drivers from
operating property-carrying CMVs after
the 14th hour after coming on duty. The
exemption expired on July 8, 2014.
On October 14, 2014, FMCSA
published notice of the applicants’
renewal request (79 FR 61687). The
applicants are fireworks display
companies that employ CMV drivers
who hold commercial driver’s licenses
(CDLs) with hazardous materials (HM)
endorsements to transport Division 1.3G
and 1.4G explosives (fireworks) in
conjunction with the setup of fireworks
shows for Independence Day. The
applicants seek exemptions from the 14hour rule in 49 CFR 395.3(a)(2) so that
drivers would be allowed to exclude offduty and sleeper-berth time of any
length from the calculation of the 14
hours. The applicants state they are
seeking HOS exemptions for the 2015
Independence Day period because
compliance with the 14-hour rule would
impose economic hardship on cities,
municipalities, and themselves.
Complying with the existing regulations
means most shows would require two
drivers, significantly increasing the cost
of the fireworks display.
The applicants assert that without the
extra duty-period provided by the
exemption, safety would decline
because fireworks drivers would be
unable to return to their home base after
each show should they have fireworks
remaining after the display. They would
be forced to park the CMVs carrying
Division 1.3G and 1.4G explosives in
areas less secure than the motor carriers’
home base.
Method To Ensure an Equivalent or
Greater Level of Safety
As a condition for maintaining the
exemptions, each motor carrier will be
required to notify FMCSA within 5
business days of any accident (as
defined in 49 CFR 390.5) involving the
operation of any CMVs under this
exemption. The applicants advise they
have never been in an accident.
In the exemption request, the
applicants asserted that the operational
demands of this unique industry
minimize the risks of CMV crashes. In
the last few days before the
Independence Day holiday, these
drivers transport fireworks over
relatively short routes from distribution
points to the site of the fireworks
display, and normally do so in the early
morning when traffic is light. The
applicants noted that during the 2014
Independence Day season, the furthest
Illumination Fireworks or ACE Pyro
CMVs traveled from their home bases
was 150 miles, which involves a very

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