[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Page 60766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24092]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 173

[Docket No. PHMSA-2013-0206; Notice No. 13-15]


Clarification on Fireworks Policy Regarding Approvals or 
Certifications for Specialty Fireworks Devices

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

ACTION: Clarification.

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SUMMARY: This document clarifies PHMSA's policy regarding applications 
for specialty fireworks devices. Specialty fireworks devices are 
fireworks devices in various shapes that produce multiple effects, 
simultaneously. In this document, we are establishing our policy 
regarding specialty fireworks devices.

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 document, PHMSA's Office of Hazardous Materials Safety 
(OHMS) is issuing its policy regarding specialty fireworks devices, 
which sets forth the requirements for approval or certification 
applications for ``Specialty Fireworks Devices'' classified as Division 
1.4G, consumer fireworks. This notice of our policy clarifies what is 
considered a ``Specialty Fireworks Device'' for fireworks manufacturers 
or their U.S. designated agents to enable them to accurately apply for 
PHMSA approval or Fireworks Certification Agency (FCA) certification 
\1\ and minimize the delay in processing applications for these 
devices.
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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 the 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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II. Background

    PHMSA's OHMS, Approvals and Permits Division often receives 
approval applications for Division 1.4G, consumer fireworks that are in 
the shape of an animal or a small vehicle that produce multiple 
effects. In this notice, we are providing guidance for PHMSA-approval 
or FCA-certification of specialty fireworks devices.

III. General Requirements

    Specialty fireworks devices \2\ may include tanks, small fire 
trucks, cars, boats, animals, and other similarly shaped devices that 
produce multiple effects (whistles, lights, sparks, noises, etc.) 
simultaneously.\3\ Specialty fireworks devices, which are classified as 
UN0336, consumer fireworks, of Division 1.4G, must comply with the 
requirements of 49 CFR 173.56(b), 173.64 or 173.65, the APA Standard 
87-1 and the requirements below.
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    \2\ An example of a specialty fireworks device is a fire truck 
with 10 tubes, 2 grams per tube, for a total pyrotechnic weight of 
20 grams.
    \3\ This policy only applies to UN0336, Fireworks, 1.4G, and 
does not apply to novelty fireworks devices. Requirements for 
novelty fireworks devices are found in the APA Standard 87-1, 
Section 3.2.
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    Specialty fireworks devices:
    1. Must be ground based with or without movement;
    2. May contain non-sequential fusing;
    3. May not exceed 10 fiberboard or plastic tubes per device;
    4. May not contain more than 2 grams of pyrotechnic composition per 
tube, and not more than 20 grams pyrotechnic composition in the 
finished device;
    5. Have reports that do not contain more than 50 mg of explosive 
composition per report;
    6. Must not contain aerial components and tubes with internal 
shells, which are prohibited; and
    7. Must not be combined with other firework devices.

    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. 2013-24092 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-60-P