FMCSA seeks comments on ELD exemption request for fireworks haulers

April 24, 2018

Greg Grisolano

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The Federal Motor Carrier Safety Administration is now accepting comments on a request from the trade group representing the U.S. fireworks industry for an exemption to the ELD mandate.

FMCSA announced in Tuesday’s edition of the Federal Register that it will seek public comments as it considers an exemption request from fireworks haulers, who seek to continue using paper logs rather than electronic logging devices to document records of duty status.

The deadline to submit comments is May 24.

The docket can be found here. Comments may be submitted electronically here.

In a letter sent to the Federal Motor Safety Carrier Administration on Dec. 4, 2017, the American Pyrotechnics Association requested a limited exemption allowing its members, who are currently exempted from hours-of-service requirements, to continue using paper logs to record record-of-duty status. The association cites the inability of ELDs to accurately account for drivers exempt from hours-of-service requirements.

“There is no basis to believe that continuing to allow paper record keeping for this limited subset of the regulated community, and for a limited period of time, would impact operational safety in any regard, particularly given FMCSA’s previous decision regarding the HOS exemption,” APA executive director Julie Heckman wrote in the letter.

FMCSA has previously granted an HOS exemption to the industry, which allows APA-member companies to exclude both off-duty and sleeper-berth time from the calculation of the 14-hour driving window.

The APA exemption request states that complying with the mandate would “impose a substantial financial burden” on its members. FMCSA used the economic hardship rationale in granting its 2015 hours-of-service exemption to the group, noting that fireworks haulers operate on a seasonal basis rather than maintaining full-time, year-round fleets.

According to information in the Federal Register, the fireworks industry relies heavily upon short-term rental trucks to transport and deliver 98 percent of the 16,000 Independence Day fireworks displays nationwide. The bulk of those deliveries are typically made within a two-week window around Independence Day. The mix of vehicles rented includes pickup trucks, cargo vans, city vans and straight trucks less than 26,000 GVW.

APA represents approximately 250 member companies and their subsidiaries. If granted, the exemption would run concurrent with APA’s hours-of-service exemption and would expire on July 8, 2020.