[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60763-60766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24082]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 173

[Docket No. PHMSA-2013-0205; Notice No. 13-14]


Clarification on Fireworks Policy Regarding Approvals or 
Certifications for Firework Series

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Clarification.

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SUMMARY: This notice clarifies PHMSA's policy regarding applications 
for firework device series. PHMSA has required separate applications 
for each individual firework device. Often one firework device has 
identical hazardous properties to another firework device that is 
intended to produce a similar result in a firework display. These 
similar firework devices are considered part of a series of firework 
devices. In this document, we are clarifying our policy to accept 
certain fireworks series applications.

DATES: October 2, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Ryan Paquet, Director, Approvals 
and Permits Division, Office of Hazardous Materials Safety, (202) 366-
4512, PHMSA, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    In this notice, PHMSA's Office of Hazardous Materials Safety (OHMS) 
is issuing its policy regarding firework device series applications, 
which details the categories of fireworks for which PHMSA firework 
series applications may be permitted, and the criteria necessary to be 
considered a firework series. PHMSA believes that by issuing fireworks 
approvals or certifications to firework device series, the application 
backlog will be reduced, the current level of safety will be sustained, 
and firework series will reach the market faster.

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II. Background

    The transportation of fireworks in Division 1.3 or 1.4 requires a 
classification approval issued by PHMSA, commonly referred to as an EX 
number, or in the case of Division 1.4G consumer fireworks, a 
classification certification may be issued by a fireworks certification 
agency (FCA).\1\ The EX or FC number is a unique identifier that 
indicates the device has been classed and authorized for transportation 
in the U.S., and is specific to a particular device as specified in 49 
CFR 173.64 or 173.65, and the American Pyrotechnic Association (APA) 
Standard 87-1, Version 2001 (IBR, see 49 CFR 171.7).
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    \1\ Manufacturers of Division 1.4G consumer fireworks have the 
option of applying to a DOT-approved fireworks certification agency 
(FCA) instead of applying to PHMSA. The fireworks still must conform 
to the requirements in the APA Standard 87-1, and pass a thermal 
stability test. Instead of applying to PHMSA, the manufacturer may 
apply in writing to an FCA with the information required in APA 
Standard 87-1. After reviewing the application, the FCA will notify 
the manufacturer, in writing, if the fireworks have been classed, 
certified, and assigned an FC number, or if the application is 
denied (see 49 CFR 173.65).
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    Often manufacturers create one firework that has comparable 
hazardous properties and chemical compositions to another firework that 
is intended to produce a similar result in a firework display. These 
similar fireworks are considered part of a firework series. For 
example, five display shells are all eight inches in diameter and all 
contain the same pyrotechnic powder weight, but each display shell 
produces a different pattern. The hazardous properties of these 
fireworks are identical, but currently each firework must have a 
separate application. This current policy creates added paperwork for 
both the manufacturers and PHMSA, results in delays in processing 
applications, and consequently, creates delays in shipping the 
fireworks.
    Following a review of the current policy, PHMSA is revising its 
policy with respect to firework series approval or certification 
applications. Specifically, PHMSA will accept firework series 
applications that comply with the basic requirements of the APA 
Standard 87-1, and the conditions specified in this policy.

III. Category of Devices Allowed in Series Applications

    The categories of firework series applications will be limited to 
the following devices:

Cone Fountain
Cylindrical Fountain
Illuminating Torch
Mine and Shell
Missile with Fin-type Rocket
Roman Candle
Sky Rocket/Bottle Rocket
Toy Smoke Device
Wire Sparkler/Dipped Sparkler
Display Aerial Shell (Fireworks, UN0335, 1.3G)

IV. General Requirements

    PHMSA will accept firework series applications that comply with the 
basic requirements of the APA Standard 87-1, Version 2001 (IBR, see 49 
CFR 171.7) and for all series applications the following apply:
    (1) Series applications for PHMSA approval or FCA certification 
will be limited to one category of device and one hazard 
classification, e.g., Cone Fountain, Division 1.4G;
    (2) There are two types of series applications: ``Effect Series'' 
and ``Dimensional Series.'' The combination of an ``Effect Series'' and 
a ``Dimensional Series'' is prohibited; and
    (3) The thermal stability test must be performed on all 
combinations of the components (chemical mixtures) used together in the 
device, or on each ``Finished Product'' covered under the application.
[GRAPHIC] [TIFF OMITTED] TR02OC13.004

V. Effect Series

    For all effect series applications the following apply:
    (1) Devices must be the same size and have the same maximum 
pyrotechnic powder weight (Figure 1--``Effect'' 8-inch Display Shell 
Series).
    (2) Display shell diameter, tube diameter, the number of tubes in a 
device, and tube separation distances cannot change.
    (3) A series may cover an assortment of different combinations of 
effects and patterns. A pattern is the design created by the effects. 
(Examples: Figures 2 through 6).

[[Page 60765]]

[GRAPHIC] [TIFF OMITTED] TR02OC13.005

    (4) If devices contain single or multiple reports/salutes, the 
size, weight and number of reports/salutes must remain constant.
    (5) The application must provide the following:
    (i) A detailed table for each device that indicates the breakdown 
of all pyrotechnic composition names and weights;
    (ii) A list of all effect combinations used in the application; and
    (iii) Diagrams of each device that identifies all components and 
dimensions.

VI. Dimensional Series

    For all dimensional series applications the following apply:
    (1) Devices may increase in dimensional size and in total 
pyrotechnic composition weight. Change to the device size is limited to 
one of the following:
    (i) Increasing the shell diameter (Example: Figure 7);
    (ii) Increasing the tube diameter; or
    (iii) Increasing the number of tubes in the device.
    (2) Effect(s) must remain constant throughout the series.
    (3) Tube separation distance must not change.
    (4) If devices in the series contain single or multiple reports/
salutes, all of the devices must include reports/salutes. However, the 
size, weight, and number of reports/salutes may vary.
    (5) The application must provide the following:
    (i) A detailed table of the different sizes that indicates the 
breakdown of all pyrotechnic composition names and weights; and
    (ii) A diagram of the largest device in the series that details all 
components and dimensions.
[GRAPHIC] [TIFF OMITTED] TR02OC13.006



[[Page 60766]]


    Issued in Washington, DC, under authority delegated in 49 CFR 
1.97.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2013-24082 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-60-P