Fireworks company says hours-of-service rule relief needed to stage Independence Day displays

A fireworks display company told the Federal Motor Carrier Safety Administration (FMCSA) that without an exemption from hours-of-service (HOS) regulations, Independence Day pyrotechnics shows would not be possible in multiple states.

Precision Fireworks LLC asked FMCSA for relief from the HOS rule restricting commercial vehicle drivers from driving following the 14th hour after coming on duty, according to a Federal Register Notice set to publish on July 30.

Precision is a fireworks display company that employs commercial driver’s license (CDL) drivers with hazardous materials endorsements to transport fireworks for Fourth of July celebrations.

Precision seeks rule relief to allow drivers to exclude off-duty and sleeper-berth time of any length from the calculation of the 14 hours between June 28 – July 8 for the next five years.

The company told FMCSA that a denial of the exemption would result in “significant economic hardship and public safety risks.”

Precision told officials that without the rule break, it would “be unable to provide professional fireworks displays for Texas, New Mexico and Missouri because it cannot find sufficient CDL-qualified, hazmat-endorsed seasonal drivers to meet the demand within the strict 14-hour window.”

The company also said that without the HOS exemption, drivers would be forced to park hazmat in unsecured parking lots.

Precision said that safety would not be compromised because routes are typically limited to within 150 miles from our distribution point to the display site and “drivers are required to take significant off-duty rest periods at the show site during the afternoon and early evening while waiting for the display to begin.” Precision also pointed to the company’s safety history, which showed no reportable crashes in the last decade during the Independence Day season.

FMCSA will accept public comments on the exemption request following publication in the Federal Register.

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