Notice2025-11758
Hours of Service (HOS) of Drivers; American Pyrotechnics Association (APA)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 26, 2025
Effective
June 28, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew exemptions from certain hours of service (HOS) regulations for 44 APA member companies during designated Independence Day periods. The exemptions allow drivers of these companies 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 electronic logging devices (ELDs). FMCSA has analyzed the application for exemptions and the public comments and has determined that the exemptions, subject to the terms and conditions set forth below, will likely achieve a level of safety that is equivalent to or greater than the level that would be achieved in the absence of the exemptions.
Full Text
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<title>Federal Register, Volume 90 Issue 121 (Thursday, June 26, 2025)</title>
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[Federal Register Volume 90, Number 121 (Thursday, June 26, 2025)]
[Notices]
[Pages 27372-27374]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11758]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0052]
Hours of Service (HOS) of Drivers; American Pyrotechnics
Association (APA)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemptions.
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SUMMARY: FMCSA announces its decision to renew exemptions from certain
hours of service (HOS) regulations for 44 APA member companies during
designated Independence Day periods. The exemptions allow drivers of
these companies 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 electronic logging devices
(ELDs). FMCSA has analyzed the application for exemptions and the
public comments and has determined that the exemptions, subject to the
terms and conditions set forth below, will likely achieve a level of
safety that is equivalent to or greater than the level that would be
achieved in the absence of the exemptions.
DATES: The exemptions are effective for the period June 28 through July
8, at 11:59 p.m. local time, each year from 2025 through 2029.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202) 366-9220; <a href="/cdn-cgi/l/email-protection#3a4a5f5b4856535f1448555853544955547a5e554e145d554c"><span class="__cf_email__" data-cfemail="e8988d899a84818dc69a878a81869b8786a88c879cc68f879e">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2021-0052/document">https://www.regulations.gov/docket/FMCSA-2021-0052/document</a> and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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 the applicant's safety analysis. The Agency must provide an
opportunity for public comment on the request.
The Agency reviews applications, 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 absent such exemption, pursuant to the
standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish
its decision in the Federal Register (49 CFR 381.315(b)). If granted,
the notice will identify the regulatory provision from which the
applicant will be exempt, the effective period and all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
The HOS regulation in 49 CFR 395.3(a)(2) prohibits the driver of a
property-carrying commercial motor vehicle (CMV) from driving after the
14th hour after coming on duty following 10 consecutive hours off duty.
Drivers required to prepare RODS must do so using ELDs under 49 CFR
395.8(a)(1)(i). However, under 49 CFR 395.8(a)(1)(iii)(A)(1), a motor
carrier may allow its drivers to record their duty status manually,
rather than use an ELD, if the driver is operating a CMV ``[i]n a
manner requiring completion of a record of duty status on not more than
8 days within any 30-day period.''
Application for Renewal of Exemption
The renewal application from APA was described in detail in a
Federal Register notice of April 18, 2025 (90 FR 16587) and will not be
repeated here as the facts have not changed since then.
IV. Public Comments
Two comments were submitted to the docket, one supporting and the
other opposing the exemption renewal. Paul Catucci said, ``This
exemption is vital for the fireworks industry. Over 80% of the business
is done in less than two weeks. Unlike other industries where something
is delayed a couple days it's no big deal the Fourth of July can't be
delayed a day.'' An anonymous individual opposed the renewal and said,
``This exemption should NOT be granted, several of these carriers don't
follow and comply with the DOT rules during normal non-peak seasons. .
. . They are hauling HAZMAT with a very high likely hood [sic] of an
accident becoming a major incident requiring multi agency response. To
let them have less supervision, reporting, and remove the safety
controls when they are stress [sic] and already looking for ways to cut
corners is illogical.''
V. FMCSA Decision
FMCSA has evaluated APA's application and the safety records of 44
APA member companies to which the exemptions would apply and grants the
exemptions. FMCSA ensured that each 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 review of the safety
performance history on each of the motor carriers listed in the
appendix table during the review
[[Page 27373]]
process. As part of this process, FMCSA reviewed its Motor Carrier
Management Information System safety records, including inspection and
crash reports submitted to FMCSA by State agencies. The motor carriers
have ``satisfactory'' safety ratings issued by FMCSA and valid
Hazardous Materials Safety Permits. In addition, the Pipeline and
Hazardous Materials Safety Administration reviewed its investigative
records and found no adverse data.
Based on the information provided in APA's application, FMCSA
concludes that the exemptions, subject to the terms and conditions set
forth in section VII, would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemptions, in accordance with 49 U.S.C. 31315(b)(1).
VI. Exemption Decision
FMCSA grants the exemptions for a period of five years subject to
the terms and conditions of this decision. The exemptions from the
requirements of 49 CFR 395.3(a)(2) and 49 CFR 395.8(a)(1)(i) are
effective for the period June 28 through July 8 each year from 2025
through 2029.
A. Applicability of Exemptions
The exemptions are limited to drivers employed by the 42 motor
carriers previously covered by the exemptions, and drivers employed by
the 2 additional carriers identified by an asterisk in the appendix
table of this notice. Drivers covered by these exemptions will be able
to exclude off-duty and sleeper-berth time of any length from the
calculation of the 14-hour limit. Drivers will be able to use paper
RODs in lieu of ELDs to record their HOS.
B. Terms and Conditions
When operating under these exemptions, motor carriers and drivers
are subject to the following terms and conditions:
1. Drivers must not drive more than 11 hours after accumulating 14
hours on duty prior to beginning a new driving period.
2. Drivers must have 10 consecutive hours off duty following 14
hours on duty prior to beginning a new driving period.
3. Drivers must use paper RODS and supporting documents, maintain
RODS and supporting documents for 6 months from the date the record is
prepared, and make RODS and supporting documents accessible to law
enforcement upon request.
4. Drivers and carriers subject to the ELD requirements before June
28 must continue to use ELDs and comply with all ELD requirements,
including maintaining ELD data for 6 months from the date the
electronic record is generated and making ELD data accessible to law
enforcement upon request.
5. Drivers must maintain a valid CDL with a hazardous materials
endorsement and not be subject to an out-of-service order or loss of
driving privileges.
6. Motor carriers must maintain a Hazardous Materials Safety Permit
and Satisfactory safety rating assigned by FMCSA under the procedures
in 49 CFR part 385.
7. Motor carriers must ensure their CMVs are properly marked as
required by 49 CFR 390.21.
8. Motor carriers must ensure they comply with the requirements for
shipping papers, package marking, labeling, and placarding in 49 CFR
part 172.
9. Drivers and motor carriers covered by the exemptions must comply
with all other applicable provisions of the Federal Motor Carrier
Safety Regulations (49 CFR parts 350-399) (FMCSRs) and Hazardous
Materials Regulations (49 CFR parts 105-180) (HMRs).
10. Prior to the beginning of each Independence Day period these
exemptions are in effect, FMCSA will ensure that each motor carrier
possesses an active USDOT registration, minimum required levels of
insurance, and was not subject to any ``imminent hazard'' or other out-
of-service (OOS) orders. FMCSA will also conduct a comprehensive review
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 will review its Motor Carrier Management Information
System safety records, including inspection and crash reports submitted
to FMCSA by State agencies.
11. Motor carriers may be investigated to evaluate compliance with
the terms and conditions of these exemptions, in addition to the FMCSRs
and HMR.
12. Motor carriers using exempt drivers must notify FMCSA within 5
business days of any accident (as defined in 49 CFR 390.5), involving
any of the motor carrier's CMVs operating under the terms of these
exemptions. The notification must include the following information:
a. Identifier of the Exemption: ``APA'';
b. Name of operating carrier and USDOT number;
c. Date of the accident;
d. City or town, and State, in which the accident occurred, or
closest to the
accident scene;
e. Driver's name and license number;
f. Co-driver's name (if any) and license number;
g. Vehicle number and State license number;
h. Number of individuals suffering physical injury;
i. Number of fatalities;
j. The police-reported cause of the crash, if provided by the
enforcement agency;
k. Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
l. The total on-duty time accumulated during the 7 consecutive days
prior to the date of the crash, and the total on-duty time and driving
time in the work shift prior to the crash. The motor carrier must
provide a copy of the driver's records of duty status for the day of
the crash and the prior 7 days upon request.
Reports filed under this provision shall be emailed to
<a href="/cdn-cgi/l/email-protection#3e737d6e6d7a7e7a716a10797168"><span class="__cf_email__" data-cfemail="7f323c2f2c3b3f3b302b51383029">[email protected]</span></a> with APA's name and docket number FMCSA-2021-0052 in the
subject line.
C. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period these exemptions are in effect, no State
shall enforce any law or regulation applicable to interstate commerce
that conflicts with or is inconsistent with these exemptions with
respect to a firm or person operating under the exemptions. States may,
but are not required to, adopt the same exemptions with respect to
operations in intrastate commerce.
VII. Termination
FMCSA does not believe the drivers covered by these exemptions will
experience any deterioration of their safety record. The exemptions
will be rescinded if: (1) motor carriers or the drivers operating under
the exemptions fail to comply with the terms and conditions of the
exemptions; (2) the exemptions have resulted in a lower level of safety
than was maintained before it was granted; (3) the annual investigation
yields unsatisfactory results; or (4) continuation of the
[[Page 27374]]
exemptions would not be consistent with the goals and objects of 49
U.S.C. 31136(e) and 31315(b).
Sue Lawless,
Assistant Administrator.
Appendix to Notice of Applications for Renewal of APA Exemptions From
the 14-Hour and ELD HOS Rules for Independence Day Periods
June 28, Through July 8, during 2025 Through 2029, for 44 Motor Carriers
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Motor carrier Street address City, state, zip code DOT No.
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1. American Fireworks Display, LLC....... 105 County Route 7......... McDonough, NY 13801........ 2115608
2. AM Pyrotechnics, LLC.................. 2429 East 535th Rd......... Buffalo, MO 65622.......... 1034961
3. Arthur Rozzi Pyrotechnics............. 6607 Red Hawk Ct........... Maineville, OH 45039....... 2008107
4. Artisan Pyrotechnics, Inc............. 82 Grace Road.............. Wiggins, MS 39577.......... 1898096
5. Celebration Fireworks, Inc............ 7911 7th Street............ Slatington, PA 18080....... 1527687
6. CP Transport, LLC..................... 6377 Hwy. 62 NE............ Lanesville, IN 47136....... 3076205
7. Extreme Logistics, LLC................ 26926 Hardy Run............ Boerne, TX 78015........... 1971328
8. Falcon Fireworks...................... 3411 Courthouse Road....... Guyton, GA 31312........... 1037954
9. Fireworks & Stage FX America.......... 12650 Hwy 67S. Suite B..... Lakeside, CA 92040......... 908304
10. Fireworks by Grucci, Inc............. 20 Pinehurst Drive......... Bellport, NY 11713......... 324490
11. Aluminum King Mfg., Ltd. dba Flashing 700 E Van Buren Street..... Mitchell, IA 50461......... 420413
Thunder Fireworks.
12. Great Lakes Fireworks................ 24805 Marine............... Eastpointe, MI 48021....... 1011216
13. Hamburg Fireworks Display, Inc....... 2240 Horns Mill SE......... Lancaster, OH.............. 395079
14. *Hawaii Explosives & Pyrotechnics, PO Box 1244................ Keaau, HI 96749............ 1375918
Inc.
15. Herbie's Famous Fireworks............ 1406 Cherokee Falls Rd..... Blacksburg, SC 29702....... 0112743
16. J&J Computing dba Fireworks 174 Route 17 North......... Rochelle Park, NJ 07662.... 2064141
Extravaganza.
17. J&M Displays, Inc.................... 18064 170th Ave............ Yarmouth, IA 52660......... 377461
18. *JPI Pyrotechnics LLC................ 10 Bartlett St............. Allenstown, NH 03275....... 2783896
19. Johnny Rockets Fireworks Display 3240 Love Rock............. Steger, IL 60475........... 1263181
Company.
20. Las Vegas Display Fireworks, Inc..... 4325 West Reno Ave......... Las Vegas, NV 89118........ 3060878
21. Legion Fireworks Co., Inc............ 10 Legion Lane............. Wappingers Falls, NY 12590. 554391
22. Magic in the Sky, LLC................ 27002 Campbellton Road..... San Antonio, TX 78264...... 2134163
23. Miand Inc. dba Planet Productions PO Box 294, 3999 Hupp Road Kingsbury, IN 46345........ 777176
(Mad Bomber). R31.
24. Pyro Productions Inc................. 2083 Helms Road............ Rehobeth, AL 36301......... 3723192
25. Pyro Shows, East Coast............... 4652 Catawba River Road.... Catawba, SC 29704, 3709087
12SSCSC2229729704
LaFollette, TN 37766.
26. Pyro Shows of Alabama, Inc........... 3325 Poplar Lane........... Adamsville, AL 35005....... 2859710
27. Pyro Shows of Texas, Inc............. 6601 9 Mile Azle Rd........ Fort Worth, TX 76135....... 2432196
28. Pyro Spectaculars, Inc............... 3196 N Locust Ave.......... Rialto, CA 92376........... 029329
29. Pyro Spectaculars North, Inc......... 5301 Lang Avenue........... McClellan, CA 95652........ 1671438
30. Pyrotecnico Fireworks Inc............ 299 Wilson Rd.............. New Castle, PA 16105....... 526749
31. Rainbow Fireworks, Inc............... 76 Plum Ave................ Inman, KS 67546............ 1139643
32. RES Specialty Pyrotechnics dba RES 21595 286th St............. Belle Plaine, MN 56011..... 523981
Pyro.
33. RKM Fireworks Company................ 27383 May St............... Edwardsburg, MI 49112...... 1273436
34. Rozzi's Famous Fireworks, Inc........ 118 Karl Brown Way......... Loveland, OH 45140......... 0483686
35. Santore's World Famous Fireworks, LLC 846 Stillwater Bridge Road. Schaghticoke, NY 12154..... 2574135
36. Southern Sky Fireworks, LLC.......... 6181 Denham Rd............. Sycamore, GA 31790-2603.... 3168056
37. Spielbauer Fireworks Co, Inc......... 1976 Lane Road............. Green Bay, WI 54311........ 046479
38. Special FX Wizard, Inc............... Box 266.................... Mastick Beach, NY 11951.... 3442905
39. Starfire Corporation................. 682 Cole Road.............. Carrolltown, PA 15722...... 554645
40. Vermont Fireworks Co., dba........... 2235 Vermont Route 14 South East Montpelier, VT 05651.. 310632
Northstar Fireworks Co., Inc.............
41. Western Display Fireworks, Ltd....... 10946 S. New Era Rd........ Canby, OR 97013............ 498941
42. Wolverine Fireworks Display, Inc..... 205 W Seidlers............. Kawkawlin, MI.............. 376857
43. Young Explosives Corp................ 2165 New Michigan Rd....... Canandaigua, NY 14618...... 450304
Zambelli Fireworks MFG, Co., Inc......... 120 Marshall Drive......... Warrendale, PA 15086....... 033167
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[FR Doc. 2025-11758 Filed 6-25-25; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.