[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60763-60766]
From the Federal Register Online via the Government Publishing 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.
[[Page 60764]]
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]
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