# Hours of Service (HOS) of Drivers; American Pyrotechnics Association (APA) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2025-11758 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** June 26, 2025 - **Citation:** 90 FR 27372 ## Text 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. 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; pearlie.robinson@dot.gov. 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 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 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 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 MCPSD@DOT.GOV 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 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 Motor carrier Street address City, state, zip code DOT No. 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 Thunder Fireworks 700 E Van Buren Street Mitchell, IA 50461 420413 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, Inc PO Box 1244 Keaau, HI 96749 1375918 15. Herbie's Famous Fireworks 1406 Cherokee Falls Rd Blacksburg, SC 29702 0112743 16. J&J Computing dba Fireworks Extravaganza 174 Route 17 North Rochelle Park, NJ 07662 2064141 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 Company 3240 Love Rock Steger, IL 60475 1263181 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 (Mad Bomber) PO Box 294, 3999 Hupp Road R31 Kingsbury, IN 46345 777176 24. Pyro Productions Inc 2083 Helms Road Rehobeth, AL 36301 3723192 25. Pyro Shows, East Coast 4652 Catawba River Road Catawba, SC 29704, 12SSCSC2229729704 LaFollette, TN 37766 3709087 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 Pyro 21595 286th St Belle Plaine, MN 56011 523981 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 Northstar Fireworks Co., Inc 2235 Vermont Route 14 South East Montpelier, VT 05651 310632 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 [FR Doc. 2025-11758 Filed 6-25-25; 8:45 am] BILLING CODE 4910-EX-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2025-11758. Public record. Not legal advice.