Fireworks haulers want an exemption from some of the Federal Motor Carrier Safety Administration’s hours-of-service regulations to meet the demands of the July 4 holiday.
In a notice that was published in the Federal Register on Friday, April 18, the American Pyrotechnics Association asked FMCSA to allow its drivers to exclude off-duty and sleeper berth time of any length from the calculation of the 14-hour limit and to use paper logs. The requested exemption would run from June 28 through July 8. If approved, 44 APA companies would be exempt during the designated period through 2029.
“APA asserts that compliance with the 14-hour rule is extraordinarily challenging for members of the fireworks industry during the Independence Day period,” FMCSA wrote in the notice. “Most fireworks display shows are transported by pyrotechnicians with hazardous material safety permits in small rented or leased commercial motor vehicles which do not have sleeper berths.”
According to the APA, the pyrotechnician drives the display equipment and fireworks to the site, supervises the crew in setting up the display, waits for the display time, fires the display and returns the equipment and remaining fireworks to a licensed storage facility. The association also noted that driving time is a small portion of the pyrotechnician’s work day.
If fireworks haulers were required to follow the hours-of-service regulations, the APA said, its member companies would need to hire a second driver for most trips – which would “substantially increase the cost of the fireworks show.”
The American Pyrotechnics Association is a trade group representing the domestic fireworks industry. Member companies have held waivers or exemptions during Independence Day periods since 2005. In its 2022 exemption application, the group said it was involved with 16,000 fireworks displays each year.
How to comment
FMCSA will accept comments about APA’s exemption request for 30 days. To make a comment, go to Regulations.gov and enter FMCSA-2021-0052. LL
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