[Federal Register Volume 90, Number 74 (Friday, April 18, 2025)]
[Notices]
[Pages 16587-16589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06685]
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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 application for exemptions; request for comments.
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SUMMARY: FMCSA requests public comment on the APA's application for
exemptions from certain hours-of-service (HOS) regulations. Previous
similar exemptions expired on July 8, 2024. The exemptions would allow
drivers 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 an electronic logging device (ELD) during the
designated period of June 28 through July 8 (Independence Day period).
The requests are for the transportation of pyrotechnics during the
Independence Day period of every year from 2025 through 2029.
DATES: Comments must be received on or before May 19, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2021-0052 by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: 1200 New Jersey SE, West
Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
Each submission must include the Agency name and the docket number
(FMCSA-2021-0052) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: To view any documents mentioned as being available in the
docket, go to https://www.regulations.gov/docket/FMCSA-2021-0052
document 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 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.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, 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 under the ``Department
Wide System of Records Notices'' link at https://
www.transportation.gov/individuals/privacy/privacy-act-system-records-
[[Page 16588]]
notices. The comments are posted without edit and are searchable by the
name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; 1200 New Jersey Avenue SE, Washington, DC
20590-0001; (202) 366-4225; [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2021-0052), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2021-0052/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
[email protected]. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this notice.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including any safety analyses that have been conducted. The Agency must
provide an opportunity for public comment on the request.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved 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. Applicant's Request
APA requests renewal of its HOS exemptions from the 14-hour rule in
49 CFR 395.3(a)(2) and the ELD rule in 49 CFR 395.8(a)(1)(i) for 42
companies that previously held exemptions issued on December 28, 2022
[87 FR 79935] or waivers issued on June 24, 2024, that expired on July
8, 2024. In addition, APA requests that two companies that previously
did not hold exemptions be included in the request. The companies being
considered for the HOS exemptions are listed under Exhibits A and B in
the docket for this notice.
The exemptions would allow drivers 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 in lieu of an electronic logging
device (ELD) during the designated Independence Day periods. APA
asserts that compliance with the 14-hour rule is extraordinarily
challenging for members of the fireworks industry during the
Independence Day period. 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. 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.
To meet the demand for fireworks without the exemptions, APA states
that its members would need to hire a second driver for most trips,
which would substantially increase the cost of the fireworks shows. APA
states that its members have demonstrated over two decades that the
exemption will achieve an equivalent level of safety. APA also reports
that its members have agreed to provide additional training to their
drivers operating under the exemption on the importance of proper rest
periods during the workday. APA notes that actual driving time is a
small portion of the maximum 11 hours of driving time allowed under 49
CFR 395.3(a)(3). APA states that the exemption allows its members to
ensure that their drivers are qualified pyrotechnicians who have
extensive training and experience to manage the fireworks safely.
APA member companies have held waivers or exemptions during
Independence Day periods each year since 2005. Copies of the initial
request for exemptions, subsequent renewal requests, and all public
comments received may be reviewed at www.regulations.gov under docket
numbers FMCSA-2005-21104, FMCSA-2007-28043, FMCSA-2018-0140, and FMCSA-
2021-0052.
A copy of the APA's application for exemptions and attachments are
available for review in the docket for this notice.
[[Page 16589]]
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on APA's application for exemptions
from 49 CFR 395.3(a)(2) and 395.8(a)(1)(i). All comments received
before the close of business on the comment closing date indicated at
the beginning of this notice will be considered and will be available
for examination in the docket at the location listed under the
Addresses section of this notice. Comments received after the comment
closing date will be filed in the public docket and will be considered
to the extent practicable. In addition to late comments, FMCSA will
also continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
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 105 County Route 7..... McDonough, NY 13801.... 2115608
Display, LLC.
2....................... AM Pyrotechnics, LLC... 2429 East 535th Rd..... Buffalo, MO 65622...... 1034961
3....................... Arthur Rozzi 6607 Red Hawk Ct....... Maineville, OH 45039... 2008107
Pyrotechnics.
4....................... Artisan Pyrotechnics, 82 Grace Road.......... Wiggins, MS 39577...... 1898096
Inc.
5....................... Celebration Fireworks, 7911 7th Street........ Slatington, PA 18080... 1527687
Inc.
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 12650 Hwy 67S. Suite B. Lakeside, CA 92040..... 908304
America.
10...................... Fireworks by Grucci, 20 Pinehurst Drive..... Bellport, NY 11713..... 324490
Inc.
11...................... Aluminum King Mfg., 700 E Van Buren Street. Mitchell, IA 50461..... 420413
Ltd. dba Flashing
Thunder Fireworks.
12...................... Great Lakes Fireworks.. 24805 Marine........... Eastpointe, MI 48021... 1011216
13...................... Hamburg Fireworks 2240 Horns Mill SE..... Lancaster, OH.......... 395079
Display, Inc.
14...................... *Hawaii Explosives & P.O. Box 1244.......... Keaau, HI 96749........ 1375918
Pyrotechnics, Inc.
15...................... Herbie's Famous 1406 Cherokee Falls Rd. Blacksburg, SC 29702... 0112743
Fireworks.
16...................... J&J Computing dba 174 Route 17 North..... Rochelle Park, NJ 07662 2064141
Fireworks 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 3240 Love Rock......... Steger, IL 60475....... 1263181
Fireworks Display
Company.
20...................... Las Vegas Display 4325 West Reno Ave..... Las Vegas, NV 89118.... 3060878
Fireworks, Inc.
21...................... Legion Fireworks Co., 10 Legion Lane......... Wappingers Falls, NY 554391
Inc. 12590.
22...................... Magic in the Sky, LLC.. 27002 Campbellton Road. San Antonio, TX 78264.. 2134163
23...................... Miand Inc. dba Planet PO Box 294, 3999 Hupp Kingsbury, IN 46345.... 777176
Productions (Mad Road R31.
Bomber).
24...................... Pyro Productions Inc... 2083 Helms Road........ Rehobeth, AL 36301..... 3723192
25...................... Pyro Shows, East Coast. 4652 Catawba River Road Catawba, SC 29704...... 3709087
26...................... Pyro Shows of Alabama, 3325 Poplar Lane....... Adamsville, AL 35005... 2859710
Inc.
27...................... Pyro Shows of Texas, 6601 9 Mile Azle Rd.... Fort Worth, TX 76135... 2432196
Inc.
28...................... Pyro Spectaculars, Inc. 3196 N Locust Ave...... Rialto, CA 92376....... 029329
29...................... Pyro Spectaculars 5301 Lang Avenue....... McClellan, CA 95652.... 1671438
North, Inc.
30...................... Pyrotecnico Fireworks 299 Wilson Rd.......... New Castle, PA 16105... 526749
Inc.
31...................... Rainbow Fireworks, Inc. 76 Plum Ave............ Inman, KS 67546........ 1139643
32...................... RES Specialty 21595 286th St......... Belle Plaine, MN 56011. 523981
Pyrotechnics dba RES
Pyro.
33...................... RKM Fireworks Company.. 27383 May St........... Edwardsburg, MI 49112.. 1273436
34...................... Rozzi's Famous 118 Karl Brown Way..... Loveland, OH 45140..... 0483686
Fireworks, Inc.
35...................... Santore's World Famous 846 Stillwater Bridge Schaghticoke, NY 12154. 2574135
Fireworks, LLC. Road.
36...................... Southern Sky Fireworks, 6181 Denham Rd......... Sycamore, GA 31790-2603 3168056
LLC.
37...................... Spielbauer Fireworks 1976 Lane Road......... Green Bay, WI 54311.... 046479
Co, Inc.
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., 2235 Vermont Route 14 East Montpelier, VT 310632
dba Northstar South. 05651.
Fireworks Co., Inc.
41...................... Western Display 10946 S. New Era Rd.... Canby, OR 97013........ 498941
Fireworks, Ltd.
42...................... Wolverine Fireworks 205 W Seidlers......... Kawkawlin, MI.......... 376857
Display, Inc.
43...................... Young Explosives Corp.. 2165 New Michigan Rd... Canandaigua, NY 14618.. 450304
44...................... Zambelli Fireworks MFG, 120 Marshall Drive..... Warrendale, PA 15086... 033167
Co., Inc.
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[FR Doc. 2025-06685 Filed 4-17-25; 8:45 am]
BILLING CODE 4910-EX-P