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35538 Federal Register / Vol. 72, No.

124 / Thursday, June 28, 2007 / Notices

6th Floor, 1200 New Jersey Avenue, SE., Respondents: Drivers who have DEPARTMENT OF TRANSPORTATION
Washington, DC 20590. Telephone: completed the required LCV training
202–366–5370; E-mail: MCPSD@dot.gov. and driver instructors responsible for Federal Motor Carrier Safety
SUPPLEMENTARY INFORMATION: conducting the required LCV training. Administration
Background Estimated Number of Respondents:
Sunshine Act Meetings; Unified Carrier
1,200 drivers who complete the required
Section 4007(b) of the Motor Carrier Registration Plan Board of Directors
LCV training each year; 6 driver
Act of 1991 (Title IV of the Intermodal instructors who complete LCV training AGENCY: Federal Motor Carrier Safety
Surface Transportation Efficiency Act of must document their qualifications to Administration (FMCSA), DOT.
1991 (ISTEA), Pub. L. 102–240, 105 Stat. train new LCV drivers. TIME AND DATE: July 23, 2007, 1 p.m. to
1914, 2152; 49 U.S.C. 31307) requires
the Secretary of Transportation to Estimated Time per Response: 10 5 p.m., and July 24, 2007, 8 a.m. to 12
establish Federal minimum training minutes for LCV drivers; 30 minutes for p.m., Central Daylight Time.
requirements for drivers of LCVs. The LCV instructors. PLACE: This meeting will take place at
responsibility for implementing the Expiration Date: June 30, 2007. the offices of the Property Casualty
statutory requirement was subsequently Frequency of Response: Annual. Insurers Association of America, 2600 S.
delegated to FMCSA (49 CFR 1.73). The River Road, Room 400, Des Plaines, IL
Estimated Total Annual Burden: 203
FMCSA, in a final rule entitled, 60018.
hours. The FMCSA estimates that 10
‘‘Minimum Training Requirements for minutes would be needed for newly STATUS: Open to the public.
Longer Combination Vehicle (LCV) certified LCV drivers to fulfill the MATTERS TO BE CONSIDERED: The Unified
Operators and LCV Driver-Instructor information collection requirement, Carrier Registration Plan Board of
Requirements’’ adopted implementing resulting in an annual information Directors (the Board) will continue its
regulations for the minimum training collection burden of 200 hours [1,200 work in developing and implementing
requirements for the operators of LCVs LCV drivers × 10 minutes/60 minutes = the Unified Carrier Registration Plan
(see 69 FR 16722; March 30, 2004). 200 hours]. The estimated annual and Agreement and to that end, may
The 2004 final rule created an burden associated with instructor consider matters properly before the
information collection burden certification would be 3 burden hours Board.
concerning the certification of new,
[(2 classroom instructors × 10 minutes = FOR FURTHER INFORMATION CONTACT: Mr.
current and non-grandfathered LCV
20 minutes) + (4 skills instructors × 15 Avelino Gutierrez, Chair, Unified
drivers; grandfathering those current
minutes = 60 minutes) + (6 new Carrier Registration Board of Directors at
LCV drivers who are eligible for
instructors × 15 minute administrative (505) 827–4565.
certification; and the certification of
burden per instructor certification = 90
LCV driver-instructors. The Dated: June 25, 2007.
minutes) = 170 minutes/60 minutes = 3
implementing regulations define an LCV Robert W. Miller,
burden hours].
as any combination of a truck-tractor Acting Associate Administrator, for
and two or more semi-trailers or trailers, Definitions: The information Enforcement and Program Delivery.
which operate on the National System collection requirement for the LCV
[FR Doc. 07–3197 Filed 6–26–07; 3:24 pm]
of Interstate and Defense Highways (as training regulations under 49 CFR part
BILLING CODE 4910–EX–P
defined in 23 CFR 470.107) with a GVW 380 are applicable only to drivers of
greater than 80,000 pounds. The LCVs, as defined in 49 CFR 380.105.
purpose of this rule is to enhance the Section 380.105 defines LCV as any DEPARTMENT OF TRANSPORTATION
safety of LCV operations on our nation’s combination of a truck-tractor and two
highways. or more semi-trailers or trailers, which Federal Motor Carrier Safety
Drivers are required to present a operate on the National System of Administration
training certification form to prospective Interstate and Defense Highways
(defined in 23 CFR 470.107) with a gross [Docket No. FMCSA–2007–28090]
employers to prove they are certified to
drive LCVs. Motor carriers must not vehicle weight greater than 80,000
Hours of Service (HOS) of Drivers;
allow drivers to operate LCVs without pounds.
American Pyrotechnics Association
ensuring the drivers have been properly Public Comments Invited: You are (APA) Application for an Exemption
trained in accordance with the asked to comment on any aspect of this From the 14-Hour Rule During
requirements under 49 CFR part 380. information collection, including: (1) Independence Day Celebrations
The training certification form provides Whether the proposed collection is
this assurance. Motor carriers must necessary for the FMCSA’s performance; AGENCY: Federal Motor Carrier Safety
maintain a copy of the LCV training (2) the accuracy of the estimated Administration (FMCSA), DOT.
certification form in the driver burden; (3) ways for the FMCSA to ACTION: Grant of application for
qualification file, required by 49 CFR enhance the quality, usefulness, and exemption.
391.51. Motor carriers responsible for clarity of the collected information; and
the operation of LCVs must be able to (4) ways that the burden could be SUMMARY: The Federal Motor Carrier
show Federal or State enforcement minimized without reducing the quality Safety Administration (FMCSA) grants
officials that drivers responsible for of the collected information. The agency the American Pyrotechnics
operating such LCVs are certified to do will summarize or include your Association’s (APA) application for an
so, based on the training certificate comments in the request for OMB’s exemption from the prohibition against
located in their DQ files. clearance of this information collection. driving a commercial motor vehicle
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Title: Training Certification for (CMV) after the 14th hour of coming on
Issued on: June 21, 2007. duty. The exemption is applicable for a
Drivers of Longer Combination Vehicles.
OMB Control Number: 2126–0026. D. Marlene Thomas, period beginning 7 days prior to, and 2
Type of Request: Revision of a Associate Administrator for Administration. days immediately following
currently-approved information [FR Doc. E7–12551 Filed 6–27–07; 8:45 am] Independence Day in 2007 and 2008.
collection. BILLING CODE 4910–EX–P Fireworks personnel who operate CMVs

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Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Notices 35539

for the nine companies listed in this Federal Register (49 CFR 381.315(a)). APA, a trade association representing
notice, in conjunction with fireworks The Agency must provide the public the domestic fireworks industry, asserts
shows celebrating Independence Day, with an opportunity to inspect the that full compliance with the current
are allowed to exclude off-duty and information relevant to the application, hours-of-service (HOS) regulations
sleeper-berth time of any length in the including any safety analyses that have during the brief period surrounding
calculation of the 14 hours. However, been conducted. The Agency must also Independence Day imposes a substantial
drivers are not allowed to drive after provide an opportunity for public economic hardship on its members that
accumulating a total of 14 hours of on- comment on the request. operate fireworks for the public. This
duty time, following 10 consecutive The Agency must then examine the period is the busiest time of the year for
hours off duty, and continue to be safety analyses and the public these companies. APA members are
subject to the 11-hour driving time limit comments, and determine whether the engaged to stage multiple shows in
and the 60- and 70-hour weekly limits. exemption would achieve a level of celebration of Independence Day,
No substantive comments were received safety equivalent to or greater than the during a compressed timeframe.
in response to the Agency’s May 30, level that would be achieved by the The member-company drivers that
2007 notice requesting public comment current regulation (49 CFR 381.305). would be covered by the exemption are
on the APA application. The FMCSA The Agency’s decision must be trained pyrotechnicians, each holding a
has determined that the granting of the published in the Federal Register (49 commercial driver’s license with a
exemption would achieve a level of CFR 381.315(b)). If the Agency denies hazardous materials endorsement.
safety that is equivalent to, or greater the request, it must state the reason for These drivers transport fireworks and
than, the level that would be achieved doing so. If the decision is to grant the equipment to remote locations under
absent such exemption. exemption, the notice must specify the demanding schedules. During the week
DATES: The exemption is effective June person or class of persons receiving the before Independence Day, these
28, 2007, and is applicable from June 28 exemption and the regulatory provision companies are engaged to stage multiple
(12:01 a.m.) through July 6, 2007 (11:59 or provisions from which an exemption shows in a very compressed period of
p.m.), and from June 28 (12:01 a.m.) is being granted. The notice must also time. To meet the press of business in
through July 6, 2008 (11:59 p.m.). The specify the effective period of the this 1-week period under the current
exemption (up to two years) and explain HOS rules, companies would be
exemption expires on July 6, 2008.
the terms and conditions of the required to hire a second driver for most
ADDRESSES: Docket: For access to the
exemption. The exemption may be trips. This would result in a substantial
docket to read background comments or increase in the cost of these shows, and
comments received, go to http:// renewed.
as a result, many shows would be
dms.dot.gov and/or Room W12–140, APA’s Application for an Exemption cancelled. Alternatively, APA members
Ground Floor of West Building, U.S. would be forced to significantly
Department of Transportation (DOT), APA requested an exemption from
decrease their engagements. In either
1200 New Jersey Ave., SE., Washington, FMCSA’s prohibition against drivers of
case, these companies would have to
DC, between 9 a.m. and 5 p.m., Monday property-carrying CMVs operating such
decrease the number of shows they
through Friday, except Federal holidays. vehicles after the 14th hour of coming
provide, thereby denying many
Privacy Act: Anyone may search the on duty [49 CFR 395.3(a)(2)]. APA
Americans a primary component of
electronic form of all comments requested that fireworks personnel
their Independence Day celebration.
received into any of DOT’s dockets by covered by the exemption would be APA believes that granting of the
the name of the individual submitting allowed to exclude off-duty and sleeper- requested exemption will not adversely
the comment (or of the person signing berth time of any length from the affect the safety of the motor carrier
the comment, if submitted on behalf of calculation of the 14-hour rule. Drivers transportation provided by its member
an association, business, labor union, or would not be allowed to drive after the companies. An identical exemption has
other entity). You may review the DOT’s accumulation of 14 hours of on-duty been in effect, including renewal, since
complete Privacy Act Statement in the time following 10 consecutive hours off 2004 for approximately 70 other APA
Federal Register (65 FR 19477; April 11, duty. The exemption would be member carriers. There have been no
2000). This statement is also available at applicable to nine carriers employing reported crashes or incidents involving
http://dms.dot.gov. approximately 100 drivers responsible these carriers. According to the APA,
FOR FURTHER INFORMATION CONTACT: Mr. for operating about 100 CMVs. A copy the exemption will enhance safety by
Thomas Yager, Chief, FMCSA Driver of the application for an exemption, decreasing the number of CMVs
and Carrier Operations Division, Office which includes a list of all of the motor stationed with HM 1.3 and 1.4 products
of Bus and Truck Standards and carriers that would be covered by it, is aboard at locations throughout the
Operations: Telephone: 202–366–4009. included in the docket referenced at the country. Under the exemption, CMVs
E-mail: MCPSD@dot.gov. beginning of this notice. will be able to return to their home base,
SUPPLEMENTARY INFORMATION: On May 22, 2007, FMCSA published which is a secured area for these types
a notice in the Federal Register (72 FR of products.
Background 28755) granting a renewal of an In its prior comparable exemption
Section 4007 of the Transportation identical exemption from APA for 70 of requests, APA stated they believe that
Equity Act for the 21st Century (Pub. L. its member companies. The original the operational demands of this unique
105–178, 112 Stat. 107, June 9, 1998) exemption expired on July 7, 2006, and industry minimize the risks of CMV
amended 49 U.S.C. 31315 and 31136(e) APA had requested a renewal for those crashes. In the last few days before the
to provide FMCSA with authority to original companies. Independence Day holiday, drivers
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grant exemptions from its safety On May 30, 2007, FMCSA published spend their driving time transporting
regulations. On August 20, 2004, a notice in the Federal Register (72 FR fireworks relatively short distances from
FMCSA published a Final Rule (69 FR 30047) announcing APA’s application the nearest distribution point to the site
51589) on this subject. Under 49 CFR for exemption for nine of its member of the fireworks display. Most of their
part 381, FMCSA must publish a notice carriers, and requesting public on-duty time, however, is devoted to
of each exemption request in the comment. installing, wiring, and double-checking

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35540 Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Notices

fireworks displays. Pyrotechnicians Because pyrotechnician-drivers operate Notification to FMCSA


drive to the site of the fireworks display like short-haul drivers (relatively little
in the early morning and return late in driving, a variety of work), FMCSA has Under the exemption, each APA
the evening, thus avoiding much of the concluded that the 9-day yearly member company, firm and entity listed
heavy traffic typical of the holiday. exemption requested by APA is not in the appendix to this notice must
After setting the fireworks display in likely to adversely affect motor carrier notify FMCSA within 5 business days of
daylight in order to reduce the safety. any accident (as defined in 49 CFR
possibility of mistakes, the The drivers employed by the 390.5), involving any of the motor
pyrotechnicians/drivers typically have companies, firms, and entities listed in carrier’s CMVs, operating under the
several hours off duty in the late the appendix to this notice are granted terms of this exemption. The
afternoon and early evening, just before relief from the requirements of 49 CFR notification must include the following
the shoot. This enables them to rest or 395.3(a)(2) under the following terms information:
nap, reducing or eliminating the fatigue and conditions: a. Date of the accident,
caused by the day’s activities, and Terms of the Exemption b. City or town, and State, in which
making their return trip later that the accident occurred, or closest to the
evening safer. Period of the Exemption accident scene,
In addition to driving at off-peak The exemption from the requirements c. Driver’s name and license number,
hours and having an opportunity for of 49 CFR 395.3(a)(2) [the ‘‘14-hour
substantial rest periods during their tour d. Vehicle number and State license
rule’’] is effective June 28, 2007, and is number,
of duty, pyrotechnicians who drive back applicable from June 28 (12:01 a.m.)
to a hotel or motel in the 15th or 16th through July 6, 2007 (11:59 p.m.) and e. Number of individuals suffering
hours after coming on duty will be from June 28 (12:01 a.m.) through July physical injury,
required to take 10 consecutive hours 6, 2008 (11:59 p.m.). The exemption f. Number of fatalities,
off-duty, like other drivers. expires on July 7, 2008. g. The police-reported cause of the
Discussion of Public Comments accident,
Extent of the Exemption
On May 30, 2007, FMCSA requested h. Whether the driver was cited for
This exemption is restricted to drivers violation of any traffic laws, or motor
public comment from all interested employed by the companies, firms and
persons on the APA application for an carrier safety regulations, and
entities listed in the appendix to this
exemption for these nine member notice. The drivers are entitled to a i. The total driving time and total on-
companies (72 FR 30047). The comment limited exemption from the duty time period prior to the accident.
period closed on June 14, 2007. There requirements of 49 CFR 395.3(a)(2). This Termination
were no substantive comments filed in regulation, 49 CFR 395.3(a)(2), currently
response to this notice. prohibits a driver from driving after the FMCSA does not believe the motor
14th hour of coming on duty and does carriers and drivers covered by this
FMCSA Decision exemption will experience any
not permit off-duty periods to extend
The FMCSA has determined that the the 14-hour limit. Drivers covered by deterioration of their safety record.
granting of this exemption would this exemption may exclude off-duty However, should this occur, FMCSA
achieve a level of safety that is and sleeper-berth time of any length will take all steps necessary to protect
equivalent to, or greater than, the level from the calculation of the 14-hour the public interest, including revocation
that would be achieved absent such limit. This exemption is contingent on of the exemption. FMCSA will
exemption. An identical exemption has each driver driving no more than 11 immediately revoke the exemption for
been in effect, including renewal, since hours in a 14-hour period. The failure to comply with its terms and
2005 for approximately 70 other APA exemption is further contingent on each conditions. Each motor carrier and each
member carriers. There have been no driver having a full 10 hours off duty driver may be subject to periodic
reported crashes or incidents involving following 14 hours on duty prior to monitoring by FMCSA during the
these carriers while operating under the beginning a new driving period. The period of the exemption.
exemption. No comments have been drivers must comply with all other Issued on: June 22, 2007.
received concerning adverse impacts on requirements of 49 CFR part 395. Larry W. Minor,
safety in response to FMCSA’s May 30,
2007 notice announcing this exemption Preemption Acting Associate Administrator for Policy and
Program Development.
application. Although FMCSA believes During the period the exemption is in
the 14-hour limit is generally conducive effect, no State shall enforce any law or Appendix to Notice of Application for
to safety, the current HOS regulations regulation that conflicts with or is Exemption by American Pyrotechnics
allow certain short-haul drivers a 16- inconsistent with this exemption with Association From the 14-Hour Rule
hour driving ‘‘window’’ once a week, respect to a person operating under the During 2007 and 2008 Independence
providing specified conditions are met. exemption (49 U.S.C. 31315(d)). Day Celebrations

LIST OF APA MEMBERS COVERED BY EXEMPTION FROM 14-HOUR RULE IN HOURS OF SERVICE FOR DRIVERS
REGULATION
Company name Address City, State ZIP DOT No.
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Alpha-Lee Enterprises, Inc. ....................... 4111 FM 2351 ........................................... Friendswood, TX 77546 ............................ 1324580A
American Fireworks Company ................... 7041 Darrow Road .................................... Hudson, OH 44236 ................................... 103972
Cartwright Fireworks, Inc. .......................... 1608 Keely Road ...................................... Franklin, PA 16323 ................................... 882283
Entertainment Fireworks, Inc ..................... P.O. Box 7160 ........................................... Olympia, WA 98507–7160 ........................ 680942
Fireworks Productions of Arizona, Ltd ....... 17034 S. 54th Street ................................. Chandler, AZ 85226 .................................. 948780
Great Lakes Fireworks ............................... 24805 Marine ............................................ Eastpointe, MI 48021 ................................ 1011216

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Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Notices 35541

LIST OF APA MEMBERS COVERED BY EXEMPTION FROM 14-HOUR RULE IN HOURS OF SERVICE FOR DRIVERS
REGULATION—Continued
Company name Address City, State ZIP DOT No.

Rainbow Fireworks, Inc. ............................ 76 Plum Ave. ............................................. Inman, KS 67546 ...................................... 1139643
Skyworks, Ltd. ............................................ 13513 W. Carrier Road ............................. Carrier, OK 73727 ..................................... 1421047
Stellar Fireworks, Inc. ................................ 4440 Southeast Blvd. ................................ Wichita, KS 67210 .................................... 1349562

[FR Doc. E7–12572 Filed 6–27–07; 8:45 am] Controlling Paperwork Burdens on the ACTION: Notice of receipt of petition for
BILLING CODE 4910–EX–P Public: modifier identification and a decision that nonconforming 2004
document to be provided to the owner Hyundai XG350 passenger cars are
of the modified vehicle stating the eligible for importation.
DEPARTMENT OF TRANSPORTATION exemptions used for that vehicle and
any reduction in load carrying capacity SUMMARY: This document announces
National Highway Traffic Safety of the vehicle of more than 100 kg (220 receipt by the National Highway Traffic
Administration lbs). Safety Administration (NHTSA) of a
Affected Public: Business that modify petition for a decision that 2004
[U.S. DOT Docket Number NHTSA–2007–
27625] vehicles, after the first retail sale, so that Hyundai XG350 passenger cars that
the vehicle may be used by persons with were not originally manufactured to
Reports, Forms and Recordkeeping disabilities. comply with all applicable Federal
Requirements; Agency Information Estimated Total Annual Burden: 933 motor vehicle safety standards (FMVSS)
Collection Activity Under OMB Review hours and $14.21. are eligible for importation into the
United States because (1) They are
AGENCY: National Highway Traffic ADDRESSES: Send comments, within 30
substantially similar to vehicles that
Safety Administration (NHTSA), DOT. days, to the Office of Information and
were originally manufactured for sale in
ACTION: Notice. Regulatory Affairs, Office of
the United States and that were certified
Management and Budget, 725 17th
by their manufacturer as complying
SUMMARY: In compliance with the Street, NW., Washington, DC 20503,
with the safety standards, and (2) they
Paperwork Reduction Act of 1995 (44 Attention NHTSA Desk Officer.
are capable of being readily altered to
U.S.C. 3501 et seq.), this notice
Comments Are Invited On conform to the standards.
announces that the Information
Collection Request (ICR) abstracted • Whether the proposed collection of DATES: The closing date for comments
below has been forwarded to the Office information is necessary for the proper on the petition is July 30, 2007.
of Management and Budget (OMB) for performance of the functions of the ADDRESSES: Comments should refer to
review and comment. The ICR describes Department, including whether the the docket number and notice number,
the nature of the information collections information will have practical utility. and be submitted to: Department of
and their expected burden. The Federal • Whether the Department’s estimate Transportation, Docket Operations, M–
Register Notice with a 60-day comment of the burden of the proposed 30, West Building Ground Floor, Room
period was published on March 23, information collection is accurate. W12–140, 1200 New Jersey Avenue, SE.,
2007 [72 FR 13856]. • Ways to minimize the burden of the Washington, DC 20590. [Docket hours
DATES: Comments must be submitted on collection of information on are from 9 a.m. to 5 p.m.]. Anyone is
or before July 30, 2007. respondents, including the use of able to search the electronic form of all
FOR FURTHER INFORMATION CONTACT:
automated collection techniques or comments received into any of our
Gayle Dalrymple at the National other forms of information technology. dockets by the name of the individual
Highway Traffic Safety Administration A comment to OMB is most effective submitting the comment (or signing the
(NHTSA), Office of Crash Avoidance if OMB receives it within 30 days of comment, if submitted on behalf of an
Standards, 202–366–5559. 1200 New publication. association, business, labor union, etc.).
Jersey Ave., SE., Washington, DC 20590. You may review DOT’s complete
Roger A. Saul,
Privacy Act Statement in the Federal
SUPPLEMENTARY INFORMATION: Director, Office of Crashworthiness Register published on April 11, 2000
Standards.
National Highway Traffic Safety (Volume 65, Number 70; Pages 19477–
[FR Doc. E7–12464 Filed 6–27–07; 8:45 am] 78) or you may visit http://dms.dot.gov.
Administration
BILLING CODE 4910–59–P
Title: Exemption from the Make FOR FURTHER INFORMATION CONTACT:
Inoperative Prohibition. Coleman Sachs, Office of Vehicle Safety
OMB Number: 2127–0635. DEPARTMENT OF TRANSPORTATION Compliance, NHTSA (202–366–3151).
Type of Request: Renewal. SUPPLEMENTARY INFORMATION:
Abstract: On February 27, 2001, National Highway Traffic Safety
NHTSA published a final rule (66 FR Background
Administration
12638) to facilitate the modification of Under 49 U.S.C. 30141(a)(1)(A), a
a motor vehicle so that persons with [Docket No. NHTSA–2007–28531] motor vehicle that was not originally
disabilities can use the vehicle. The Notice of Receipt of Petition for manufactured to conform to all
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regulation is found at 49 CFR Part 595 Decision That Nonconforming 2004 applicable FMVSS shall be refused
Subpart C—Vehicle Modifications to Hyundai XG350 Passenger Cars Are admission into the United States unless
Accommodate People with Disabilities. Eligible for Importation NHTSA has decided that the motor
This final rule included two new vehicle is substantially similar to a
‘‘collection of information,’’ as that term AGENCY: National Highway Traffic motor vehicle originally manufactured
is defined in 5 CFR Part 1320 Safety Administration, DOT. for importation into and sale in the

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