[Federal Register: April 9, 2009 (Volume 74, Number 67)]
[Proposed Rules]
[Page 16152-16154]
[DOCID:fr09ap09-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0324; Directorate Identifier 2008-NM-186-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 B4-601, B4-603, B4-
605R, B4-620, B4-622, B4-622R, F4-605R, F4-622R, and C4-605R Variant F
Series Airplanes Equipped With Simmonds Precision Products, Inc., Fuel
Quantity Indicating System Sensors and In-Tank Harnesses Installed in
Accordance With Supplemental Type Certificate (STC) ST00092BO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus model series airplanes. This proposed AD would require
revising the Airworthiness Limitations Section of the Instructions for
Continuing Airworthiness to incorporate new fuel system limitations for
airplanes modified in accordance with STC ST00092BO. This AD also
requires performing a general visual inspection for tank unit
separation and compensator separation of the: center, inner, outer fuel
tanks, and trim fuel tanks of the tank units, and corrective actions if
necessary. This proposed AD results from fuel system reviews conducted
by the manufacturer. We are proposing this AD to prevent a potential of
ignition sources inside fuel tanks, which in combination with flammable
fuel vapors, could result in a fuel tank fire or explosion and
consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by May 26, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Goodrich
Corporation, Fuel and Utility Systems, 100 Panton Road, Vergennes,
Vermont 05491-1008; telephone<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.goodrich.com/
TechPubs. You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW.,
Renton, Washington. For information on the availability of this
material at the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Marc Ronell, Aerospace Engineer, ANE-
150, FAA, Boston Aircraft Certification Office, 12 New England
Executive Park, Burlington, Massachusetts 01803; telephone (781) 238-
7776; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0324;
Directorate Identifier 2008-NM-186-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

Relevant Service Information

    We have reviewed Goodrich A300-600 Instructions for Continued
Airworthiness, Document T3012-0005-0101, Revision B, dated June 12,
2008. The document describes new airworthiness limitations (AWLs) for

fuel tank systems. The new AWLs include:
     AWL inspections, which are periodic inspections of certain
features for latent failures that could contribute to an ignition
source; and
     Critical design configuration control limitations (CDCCL),
which are limitation requirements to preserve a critical ignition
source prevention feature of the fuel tank system design that is
necessary to prevent the occurrence of an unsafe condition. The purpose
of a CDCCL is to provide instruction to retain the critical ignition
source prevention feature during configuration changes that may be
caused by alterations, repairs, or maintenance actions. A CDCCL is not
a periodic inspection.
    The instructions describe procedures to perform a general visual
inspection (GVI) for tank unit separation and compensator separation of
the: Center, inner, outer fuel tanks, and trim fuel tanks of the tank
units.
    We have also reviewed Goodrich Service Bulletin<PHONE_NUMBER>-28-01,
    Revision 1, dated July 1, 2004. The service bulletin describes
procedures to perform an inspection of each probe and compensator
location for sufficient clearance to structure.

Other Related AD

    We issued AD 2004-05-05, amendment 39-13499 (69 FR 10319, March 5,
2004) on February 20, 2004, for certain Airbus Model A300-600, A300,
and A310 airplanes. We issued that AD to require a one-time inspection
of the space between the fuel quantity indication probes and any
adjacent structures for minimum clearance and corrective action if
necessary.
    Doing inspections in accordance with section 2.2.3 of the Goodrich
A300-600 Instructions for Continued Airworthiness, Document T3012-0005-
0101, Revision B, dated June 12, 2008, and Goodrich Service Bulletin
300723-0101-28-01, Revision 1, dated July 1, 2004, are acceptable
methods of compliance for paragraphs (b) and (c) of AD 2004-05-05.

FAA's Determination and Requirements of this Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require accomplishing the actions
specified in the service information described previously, except as
described in the ``Differences Between the Proposed AD and the Service
Information.''

Differences Between the Proposed AD and the Service Information

    The service information does not specify initial compliance times
for doing GVI for tank unit separation and compensator separation of
the: center, inner, outer fuel tanks, and trim fuel tanks of the tank
units. This AD requires an initial inspection for the GVI inspections
within six months after the effective date of this AD.
    The service information does not include corrective actions if
incorrect separation is found. This AD also requires, if incorrect
separation is found, correction of the separation in accordance with
the airplane maintenance manual for the corresponding inspection
specified in section 2.2.3 of the Goodrich A300-600 Instructions for
Continued Airworthiness, Document T3012-0005-0101, Revision B, dated
June 12, 2008.

Costs of Compliance

    We estimate that this proposed AD would affect 68 airplanes of U.S.
registry. We also estimate that it would take about 8 work-hours per
product to comply with this proposed AD. The average labor rate is $80
per work-hour. Based on these figures, we estimate the cost of this
proposed AD to the U.S. operators to be $43,520, or $640 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have Federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Simmonds Precision Products, Inc., D/B/A Goodrich Corporation Fuel &
Utility Systems: Docket No. FAA-2009-0324; Directorate Identifier
2008-NM-186-AD.

Comments Due Date

    (a) We must receive comments by May 26, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B4-601, B4-603, B4-
605R, B4-620, B4-622, B4-622R, F4-605R, F4-622R, and C4-605R Variant
F series airplanes, certificated in any category, equipped with
Simmonds Precision Products, Inc., Fuel Quantity Indicating System
sensors and in-tank harnesses installed in accordance with
supplemental type certificate (STC) ST00092BO.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections and critical design
configuration control limitations (CDCCLs). Compliance with these
inspections is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered,

or repaired in the areas addressed by these inspections and CDCCLs,
the operator may not be able to accomplish the inspections and
CDCCLs, described in the revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator must request approval for an
alternative method of compliance according to paragraph (o) of this
AD. The request should include a description of changes to the
required inspections and CDCCLs that will ensure the continued
operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the
manufacturer. The Federal Aviation Administration is issuing this AD
to reduce the potential of ignition sources inside fuel tanks, which
in combination with flammable fuel vapors, could result in fuel tank
fire or explosions and consequent loss of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless already
done.

Revision to the Airworthiness Limitations Section

    (g) Within 30 days after the effective date of this AD, revise
the Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate the inspections specified in
section 2.2.3 of the Goodrich A300-600 Instructions for Continued
Airworthiness, Document T3012-0005-0101, Revision B, dated June 12,
2008.
    (h) Within six months after the effective date of this AD, do a
general visual inspection for tank unit separation and compensator
separation of the: center, inner, outer fuel tanks, and trim fuel
tanks of the tank units, in accordance with section 2.2.3 of the
Goodrich A300-600 Instructions for Continued Airworthiness, Document
T3012-0005-0101, Revision B, dated June 12, 2008. If incorrect
separation is found, in accordance with section 2.2.3 of the
Goodrich A300-600 Instructions for Continued Airworthiness, Document
T3012-0005-0101, Revision B, dated June 12, 2008, before further
flight, correct the separation in accordance with the airplane
maintenance manual for the corresponding inspection specified in
section 2.2.3 of the Goodrich A300-600 Instructions for Continued
Airworthiness Document T3012-0005-0101, Revision B, dated June 12,
2008. A review of airplane maintenance records is acceptable in lieu
of this inspection if the requirement of Table 6 in section 10.1 of
the Goodrich A300-600 Instructions for Continued Airworthiness,
Document T3012-0005-0101, Revision B, dated June 12, 2008, can be
conclusively determined to have been done from that review.
    (i) Within 30 days after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate the CDCCLs as defined in section 10.1 of the Goodrich
A300-600 Instructions for Continued Airworthiness, Document T3012-
0005-0101, Revision B, dated June 12, 2008.
    (j) Except as provided by paragraph (o) of this AD: After
accomplishing the actions specified in paragraphs (g) and (i) of
this AD, no alternative inspection, inspection intervals, or CDCCLs
may be used.

Actions Done According to Previous Service Information

    (k) Inspections are acceptable for compliance with the
requirements of paragraph (h) of this AD, if done before the
effective date of this AD, in accordance with Goodrich Service
Bulletin<PHONE_NUMBER>-28-01, dated April 15, 2004.
    (l) Inspections are also acceptable for compliance with the
requirements of paragraph (h) of this AD, if done in accordance with
Goodrich Service Bulletin<PHONE_NUMBER>-28-01, Revision 1, dated July
1, 2004.

Acceptable Methods of Compliance for AD 2004-05-05

    (m) Doing the inspections in section 2.2.3 of the Goodrich A300-
600 Instructions for Continued Airworthiness Document T3012-0005-
0101, Revision B, dated June 12, 2008, is considered an acceptable
method of compliance to paragraphs (b) and (c) of AD 2004-05-05,
amendment 39-13499.
    (n) Doing the inspections in accordance with Goodrich Service
Bulletin<PHONE_NUMBER>-28-01, Revision 1, dated July 1, 2004, is an
acceptable method of compliance to paragraphs (b) and (c) of AD
2004-05-05.

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, Boston Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Marc Ronell, Aerospace Engineer, ANE-150, FAA, Boston ACO, 12
New England Executive Park, Burlington, Massachusetts 01803;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

    Issued in Renton, Washington, on April 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E9-8081 Filed 4-8-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31683-31686]
[FR Doc No: 2017-14262]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]

Hours of Service (HOS) of Drivers; American Pyrotechnics Assn.
(APA) Application for Exemption From the 14-Hour Rule; Request To Add
New Member to Current APA Exemption

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant an exemption to the
American Pyrotechnics Association's (APA) new member-company, Pyro
Shows of Alabama, Inc., from the prohibition on driving commercial
motor vehicles (CMVs) after the 14th hour after the driver comes on
duty. During the 2016 Independence Day period 51 APA members held such
an exemption, effective during the period June 28 through July 8 each
year through 2020. APA advised FMCSA of the discontinuance of the
exemption for one carrier; with the addition of the new member the
total remains at 51. The exemption granted to Pyro Shows of Alabama,
Inc. will terminate at the same time as the other 50 exempted carriers.
FMCSA has determined that the terms and conditions of the exemption
ensure a level of safety equivalent to, or greater than, the level of
safety achieved without the exemption.

DATES: These exemptions from 49 CFR 395.3(a)(2) are effective from June
28 through July 8, at 11:59 p.m. local time, each year through 2020.

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 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 on-line Federal Docket Management System
(FDMS) is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    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: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

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 and insert
the docket number, ``FMCSA-2007-28043'' in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed 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., e.t., 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)) with the reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
APA Application for Exemption
    The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a
property-carrying CMV from driving a commercial motor vehicle (CMV)
after the 14th hour after coming on duty following 10 consecutive hours
off duty. The APA, a trade association representing the domestic
fireworks industry, was granted exemptions for 51 member companies
through the annual Independence Day periods ending on July 8, 2020 [81
FR 43701, July 5, 2016]. APA has requested an additional exemption for
Pyro Shows of Alabama Inc. (USDOT 2859710) and the discontinuance of an
exemption for Pyrotechnico, LLC, also known as Wild Dragon Fireworks
(USDOT 548303), maintaining the total at 51. Like the other carriers
currently operating under the exemption, Pyro Shows of Alabama's
exemption will also expire on July 8, 2020. Although this is less than
the 5-year exemption period authorized by 49 U.S.C. 31315(b)(2), as
amended by section 5206(a)(3) of the FAST Act, FMCSA believes that the
interests of the APA members and the Agency would best be served by
harmonizing, as far as possible, the expiration dates of all such
fireworks-related exemptions. Like the other 50 member-companies, this
additional member company would be subject to all of the terms and
conditions of the exemption.
    The initial APA application for relief from the 14-hour rule was
submitted in 2004; a copy is in the docket. That application fully
described the nature of the pyrotechnic operations of the CMV drivers
during a typical Independence Day period.
    As stated in the 2004 request, the CMV drivers employed by APA
member companies are trained pyro-technicians who hold commercial
driver's licenses (CDLs) with hazardous materials (HM) endorsements.
They transport fireworks and related equipment by CMVs on a very
demanding schedule during a brief Independence Day period, often to
remote locations. After they arrive, the drivers are responsible for
set-up and staging of the fireworks shows.
    The APA states that it is seeking an additional exemption for Pyro
Shows of Alabama, Inc. because compliance with the current 14-hour rule
in 49 CFR 395.3(a)(2) would impose a substantial economic hardship on
numerous cities, towns and municipalities, as well as its member
companies. To meet the demand for fireworks without the exemptions, APA
states that its member companies would be required to hire a second
driver for most trips. The APA advises that the result would be a
substantial increase in the cost of the fireworks shows--beyond the
means of many of its members' customers--and that many Americans would
be denied this important component of the celebration of Independence
Day. The 50 APA member companies currently exempt (as well as Pyro
Shows of Alabama, seeking an exemption for the first time) are listed
in an appendix to this notice. Pyro Shows of Alabama is identified with
an asterisk. A copy of the request for the exemption is included in the
docket referenced at the beginning of this notice.
Method To Ensure an Equivalent or Greater Level of Safety
    The APA believes that the exemption would not adversely affect the
safety of the fireworks transportation provided by this motor carrier.
According to APA, its member-companies have operated under this
exemption for 10 previous Independence Day periods without a reported
motor carrier safety incident. Moreover, it asserts, without the extra
time provided by the exemption, safety would decline because APA
drivers would be unable to return to their home base after each show.
They would be forced to park the CMVs carrying HM 1.1G, 1.3G and 1.4G
products in areas less secure than the motor carrier's home base. As a
condition of holding the exemption, 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 its CMVs while under this
exemption. To date, FMCSA has received no accident notifications, nor
is the Agency aware of any accidents reportable under terms of the
prior APA exemptions.
    In its exemption request, APA asserts that the operational demands
of this unique industry minimize the risks of CMV crashes. In the last
few days before July 4, 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. At the site, they spend considerable time installing, wiring,
and safety-checking the fireworks displays, followed by several hours
off duty in the late afternoon and early evening prior to the event.
During this time, the drivers are able to rest and nap, thereby
reducing or eliminating the fatigue accumulated during the day. Before
beginning another duty day, these drivers must take 10 consecutive
hours off duty, the same as other CMV drivers.
Public Comments
    On May 15, 2017, FMCSA published notice of this application and
requested public comments (82 FR 22375). One comment was submitted by
an individual who objected to the exemption, stating ``Thank you. I am
dead set against this especially with one of the last lines of this
article, stating it would mean having to hire 2 drivers. Point being?
Hire a second driver and quit it.''
FMCSA Response
    FMCSA has determined that granting an exemption to Pyro Shows of
Alabama, Inc. will achieve a level of safety equivalent to or greater
than the level that compliance with the 14-hour rule would ensure.
Prior to publishing the Federal Register notice announcing the receipt
of APA's application to add Pyro Shows of Alabama to the current list
of carriers operating under the exemption, FMCSA ensured that the motor
carrier possessed an active USDOT registration, minimum required levels
of insurance, and was not subject to any ``imminent hazard'' or other
out-of-service (OOS) orders. The Agency conducted a comprehensive
investigation of the safety performance history on each of the motor
carriers listed in the appendix table during the review process. As
part of this process, FMCSA reviewed its Motor Carrier Management
Information System safety records, including inspection and accident
reports submitted to FMCSA by State agencies.
    With regard to safety statistics, none of the carriers, including
Pyro Shows of Alabama, was under an imminent

hazard or OOS order, had any alerts in the Safety Management System
(SMS), or was under investigation by the Pipeline and Hazardous
Materials Safety Administration. All had ``satisfactory'' safety
ratings based on compliance reviews, and all had valid Hazardous
Materials Safety Permits.
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 through 2020 for
the 51 carriers identified in this notice.
Terms and Conditions of the Exemption
    The exemptions from 49 CFR 395.3(a)(2) will be limited to drivers
employed by the 50 motor carriers already covered by the exemption, and
drivers employed by Pyro Shows of Alabama, which is identified by an
asterisk in the appendix table of this notice. Section 395.3(a)(2)
prohibits a driver from driving a CMV after the 14th hour after coming
on duty and does not permit off-duty periods to extend the 14-hour
limit. 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 contingent on each driver driving no more than
11 hours in the 14-hour period after coming on duty, as extended by any
off-duty or sleeper-berth time in accordance with this exception. The
exemption is further contingent on each driver having a full 10
consecutive hours off duty following 14 hours on duty prior to
beginning a new driving period. The carriers 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, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
FMCSA Notification
    Exempt motor carriers are required to notify FMCSA within 5
business days of any accidents (as defined by 49 CFR 390.5) involving
the operation of any of their CMVs while under this exemption. The
notification must be by email to<EMAIL_ADDRESS>and include the
following information:
    a. Name of the Exemption: ``APA''
    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_ADDRESS>as soon as
available.
Termination
    The FMCSA does not believe the motor carriers and 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 revocation of the exemption. The
FMCSA will immediately revoke the exemption for failure to comply with
its terms and conditions. Exempt motor carriers and drivers would be
subject to FMCSA monitoring while operating under this exemption.

    Issued on: June 29, 2017.
Randi F. Hutchinson,
Chief Counsel.

Appendix to Notice of Application for Approval of Motor Carriers To
Utilize American Pyrotechnics Association's (APA) Exemption From the
14-Hour Rule During 2017 Independence Day Celebrations

----------------------------------------------------------------------------------------------------------------
            Motor carrier                  Street address       City, state, zip code           DOT No.
----------------------------------------------------------------------------------------------------------------
1 American Fireworks Company........  7041 Darrow Road.......  Hudson, OH 44236......  103972
2 American Fireworks Display, LLC...  P.O. Box 980...........  Oxford, NY 13830......  2115608
3 AM Pyrotechnics, LLC..............  2429 East 535th Rd.....  Buffalo, MO 65622.....  1034961
4 Arthur Rozzi Pyrotechnics.........  6607 Red Hawk Ct.......  Maineville, OH 45039..  2008107
5 Atlas PyroVision Entertainment      136 Old Sharon Rd......  Jaffrey, NH 03452.....  789777
 Group, Inc.
6 Central States Fireworks, Inc.....  18034 Kincaid Street...  Athens, IL 62613......  1022659
7 East Coast Pyrotechnics, Inc......  4652 Catawba River Rd..  Catawba, SC 29704.....  545033
8 Entertainment Fireworks, Inc......  13313 Reeder Road SW...  Tenino, WA 98589......  680942
9 Falcon Fireworks..................  3411 Courthouse Road...  Guyton, GA 31312......  1037954
10 Fireworks & Stage FX America.....  12650 Hwy 67S. Suite B.  Lakeside, CA 92040....  908304
11 Fireworks by Grucci, Inc.........  20 Pinehurst Drive.....  Bellport, NY 11713....  324490
12 Flashing Thunder Fireworks dba     700 E Van Buren Street.  Mitchell, IA 50461....  420413
 Legal Aluminum King Mtg.
13 J&J Computing dba Fireworks        174 Route 17 North.....  Rochelle Park, NJ       2064141
 Extravaganza.                                                  07662.
14 Gateway Fireworks Displays.......  P.O. Box 39327.........  St Louis, MO 63139....  1325301
15 Great Lakes Fireworks............  24805 Marine...........  Eastpointe, MI 48021..  1011216
16 Hamburg Fireworks Display, Inc...  2240 Horns Mill Road SE  Lancaster, OH.........  395079
17 Hawaii Explosives & Pyrotechnics,  17-7850 N. Kulani Road.  Mountain View, HI       1375918
 Inc.                                                           96771.
18 Hollywood Pyrotechnics, Inc......  1567 Antler Point......  Eagan, MN 55122.......  1061068
19 Homeland Fireworks, Inc..........  P.O. Box 7.............  Jamieson, OR 97909....  1377525
20 Island Fireworks Co., Inc........  N1597 County Rd VV.....  Hager City, WI 54014..  414583
21 J&M Displays, Inc................  18064 170th Ave........  Yarmouth, IA 52660....  377461
22 Lantis Fireworks, Inc............  130 Sodrac Dr., Box 229  N. Sioux City, SD       534052
                                                                57049.
23 Legion Fireworks Co., Inc........  10 Legion Lane.........  Wappingers Falls, NY    554391
                                                                12590.
24 Miand Inc. dba Planet Productions  P.O. Box 294, 3999 Hupp  Kingsbury, IN 46345...  777176
 (Mad Bomber).                         Road R31.

25 Martin & Ware Inc. dba Pyro City   P.P. Box 322...........  Hallowell, ME 04347...  734974
 Maine & Central Maine Pyrotechnics.
26 Melrose Pyrotechnics, Inc........  1 Kinsgubury Industrial  Kingsbury, IN 46345...  434586
                                       Park.
27 Precocious Pyrotechnics, Inc.....  4420-278th Ave NW......  Belgrade, MN 56312....  435931
28 Pyro Shows, Inc..................  115 N 1st Street.......  LaFollette, TN 37766..  456818
29 *Pyro Shows of Alabama, Inc......  3325 Poplar Lane.......  Adamsville, AL 35005..  2859710
30 Pyro Shows of Texas, Inc.........  6601 9 Mile Azle Rd....  Fort Worth, TX 76135..  2432196
31 Pyro Engineering Inc., dba/Bay     400 Broadhollow Rd. Ste  Farmindale, NY 11735..  530262
 Fireworks.                            #3.
32 Pyro Spectaculars, Inc...........  3196 N Locust Ave......  Rialto, CA 92376......  029329
33 Pyro Spectaculars North, Inc.....  5301 Lang Avenue.......  McClellan, CA 95652...  1671438
34 Pyrotechnic Display, Inc.........  8450 W. St. Francis Rd.  Frankfort, IL 60423...  1929883
35 Pyrotecnico (S. Vitale             302 Wilson Rd..........  New Castle, PA 16105..  526749
 Pyrotechnic Industries, Inc.).
36 Pyrotecnico FX...................  6965 Speedway Blvd.      Las Vegas, NV 89115...  1610728
                                       Suite 115.
37 Rainbow Fireworks, Inc...........  76 Plum Ave............  Inman, KS 67546.......  1139643
38 RES Specialty Pyrotechnics.......  21595 286th St.........  Belle Plaine, MN 56011  523981
39 Rozzi's Famous Fireworks, Inc....  11605 North Lebanon Rd.  Loveland, OH 45140....  0483686
40 Sky Wonder Pyrotechnics, LLC.....  3626 CR 203............  Liverpool, TX 77577...  1324580
41 Skyworks, Ltd....................  13513 W. Carrier Rd....  Carrier, OK 73727.....  1421047
42 Sorgi American Fireworks           935 Wales Ridge Rd.....  Wales, MI 48027.......  2475727
 Michigan, LLC.
43 Spielbauer Fireworks Co, Inc.....  220 Roselawn Blvd......  Green Bay, WI 54301...  046479
44 Spirit of 76.....................  6401 West Hwy 40.......  Columbia, MO 65202....  2138948
45 Starfire Corporation.............  682 Cole Road..........  Carrolltown, PA 15722.  554645
46 Vermont Fireworks Co., Inc./       2235 Vermont Route 14    East Montpelier, VT     310632
 Northstar Fireworks Co., Inc.         South.                   05651.
47 Western Display Fireworks, Ltd...  10946 S. New Era Rd....  Canby, OR 97013.......  498941
48 Western Enterprises, Inc.........  P.O. Box 160...........  Carrier, OK 73727.....  203517
49 Wolverine Fireworks Display, Inc.  205 W Seidlers.........  Kawkawlin, MI.........  376857
50 Young Explosives Corp............  P.O. Box 18653.........  Rochester, NY 14618...  450304
51 Zambelli Fireworks MFG, Co., Inc.  P.O. Box 1463..........  New Castle, PA 16103..  033167
----------------------------------------------------------------------------------------------------------------
* Not included in 2016 list of approved carriers.

[FR Doc. 2017-14262 Filed 7-3-17; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Notices]
[Page 45757]
[DOCID:fr06au08-59]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF08-5161-000]

Western Area Power Administration; Notice of Filing

July 31, 2008.
    Take notice that on July 16, 2008, the Deputy Secretary of the
Department of Energy approved and confirmed Rate Order No. WAPA-136 on
an interim basis, effective August 1, 2008, and Rate Schedule SNF-7,
for a non-firm power formula rate from the Washoe Project, Stampede
Division and submitted for conformation and approval on a final basis,
under the authority vested in the Commission by Delegation Order No.
00-037.00, Rate Order No. WAPA-136 and Rate Schedule SNF-7, effective
August 31, 2008, and ending July 31, 2013.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 15, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-18011 Filed 8-5-08; 8:45 am]

BILLING CODE 6717-01-P