{"operation":"document","citation":"PHMSA Guidance, Fireworks Certification Agencies FAQs","title":"Fireworks Certification Agencies FAQs","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-03-13","effective_on":"2014-03-13","summary":"Fireworks Certification Agencies FAQs Document Fireworks Certification Agencies FAQs.pdf (133.54 KB) Frequently asked questions and their answers relating to Fireworks Certification Agencies. Issued Date: Thursday, March 13, 2014","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-fireworks-certification-agencies-faqs-3b604379.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-fireworks-certification-agencies-faqs-3b604379.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-fireworks-certification-agencies-faqs-3b604379","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/fireworks-certification-agencies-faqs","body":"Fireworks Certification Agencies FAQs\n\nDocument\n\n Fireworks Certification Agencies FAQs.pdf (133.54 KB)\n\n        Frequently asked questions and their answers relating to Fireworks Certification Agencies.\n\n          Issued Date: Thursday, March 13, 2014\n\n<<<PAGE 1>>>\n\nFireworks Certification Agencies FAQs\nQuestions and Answers Regarding\nFireworks Certification Agencies (FCA)\nMarch 13, 2014\nFederal regulations prescribe requirements for the Fireworks Certification Agency (FCA).\nAdditional guidance is available through the Hazardous Materials Information Center, a call\ncenter (1-800-4674922) that answers questions and helps individuals and organizations\ncomply with the Hazardous Materials Regulations.\nQ1: How Do I Become a Fireworks Certification Agency (FCA)?\nA1: To become a DOT-approved Fireworks Certification Agency (FCA), you must apply to\nPHMSA as specified in 49 CFR § 107.402(a),(b) and (d).\nQ2: What Happens After I Submit My Application?\nA2: PHMSA will review your application to determine if it meets the required criteria. If it\ndoes, PHMSA will issue you an approval to act as a DOT approved fireworks certification\nagency and assign you a unique identifier.\nQ3: What Options Do I Have If PHMSA Denies My Application?\nA3: Within 30 days of an initial denial of an application, the applicant may file an amended\napplication. If the application is again denied by PHMSA, the applicant may, within 20 days\nof receipt of the decision, request reconsideration as set forth in § 107.715. If the\nreconsideration is denied by PHMSA, the applicant may appeal the decision, within 30\ndays, to the Administrator of PHMSA, as specified in § 107.717.\nQ4: Must an FCA Report to PHMSA when it has denied a Fireworks Certification\nApplication?\nA4: Yes. When an FCA has denied an application, it must provide PHMSA with the\napplication and its reasons for the denial.\nQ5: How Does the Certification Process Work?\nA5: The FCA will review the application for completeness and determine that the fireworks\ncomply with APA Standard 87-1. The FCA must submit a certification report to PHMSA with\na number that is unique to the fireworks being certified, indicating that the fireworks are\ncertified in compliance with the APA 87-1Standard for transportation. Certification only\nbecomes valid when the FCA has received this acknowledgement from PHMSA. After\nPHMSA acknowledges the certification report, the FCA may send the certification (e.g., FC-\nXXX-YYYYMM-ZZZZ) to the manufacturer.\n\n<<<PAGE 2>>>\n\nQ6: Must an FCA Keep Records of the Fireworks Certifications That it Issues?\nA6: Yes. While the recordkeeping requirements will be detailed in each FCA's individual\napproval, each record must clearly provide the unique identifier that the FCA has assigned\nto the fireworks. Copies of the FCA certification records must be maintained for five (5)\nyears after the FCA certifies the fireworks. The record must be accessible at or through the\nFCA's principal place of business and be made available, upon request, to an authorized\nofficial of a Federal, State, or local government agency at a reasonable time and location.\nQ7: How Does a Manufacturer Apply for an FCA Certification?\nA7: If a manufacturer chooses to have its fireworks certified by an FCA rather than\nsubmitting an approval application to PHMSA, a manufacturer may submit its application\ndirectly to an FCA or, in the case of a foreign manufacturer, a U.S. Agent may submit an\napplication on behalf of the manufacturer. Similar to the approval process, a manufacturer\nmust prove that the fireworks conforms to the requirements in the APA Standard 87-1 and\nhas passed a thermal stability test. A manufacturer would apply in writing to an FCA in\naccordance with the requirements of the APA Standard 87-1 and the FCA would assign an\nFC (e.g., FC-XXX-YYYYMM-ZZZZ) number.\nQ8: What if the FCA Denies a Manufacturer's Application?\nA8: If the application is denied, the FCA must notify the applicant in writing of the reasons\nfor the denial. Following the issuance of a denial from an FCA, the applicant may seek\nreconsideration from the FCA, or appeal to PHMSA the reconsideration decision of the FCA\n(see § 173.65(a)(4)(iv)).\nQ9: Are There Differences in the Way a Manufacturer, U.S. Agent or Shipper Prepares\nDivision 1.4G Consumer Fireworks for Transportation if They Have Been Certified by an\nFCA Rather than Approved by PHMSA?\nA9: The FCA will issue the manufacturer an \"FC\" number rather than an \"EX\" Number.\nCertification numbers with the prefix “FC” are issued by the FCA, approval numbers with the\nprefix “EX” are issued by PHMSA.\nQ10: May a Manufacturer Submit an Application to an FCA and PHMSA for the Same\nFireworks?\nA10: No. The manufacturer must certify that the application has not been submitted to both\nPHMSA and an FCA. Submitting duplicate applications to PHMSA and FCAs is prohibited\nand a manufacturer may be fined for doing so.\nQ11: Must a Manufacturer Keep Records of the Fireworks Certifications it receives?\nA11: Yes. The certification must be accessible at or through the manufacturer's principal\nplace of business and be made available, upon request, to an authorized official of a\nFederal, State, or local government agency at a reasonable time and location. Copies of\ncertification records must be maintained for five (5) years following import of fireworks.\n\n<<<PAGE 3>>>\n\nFurther, the manufacturer must provide the certification record to each entity e.g., importers\nor shippers, responsible for offering the fireworks during transportation, to ensure they are\nin possession of the certification record.\nQ12: How Does the FCA Certification Process Affect an Importer's or Shipper's Role in\nTransporting Division 1.4G Consumer Fireworks?\nA12: The biggest difference is, for shipments certified by an FCA, the importer or shipper\nwill be required to maintain a paper record or electronic image of the certification when the\nfireworks are in transportation, and the importer or shipper must keep a record of the\ncertification for five (5) years following import of the fireworks. The certification record must\nbe made available to an authorized official of a Federal, State, or local government agency\nupon request (See § 173.65(b)).Q13: What if the Carrier Refuses to Transport Fireworks\nAssigned an FC Number?\nA13: While our intent is to notify all stakeholders in the Division 1.4G supply chain of the\nnew FCA certification option, we cannot guarantee that everyone will receive the\ninformation before FCA-certified fireworks are being transported. We recommend that an\nimporter or shipper contact its carrier in advance to make them aware of the new FCA\noption, and send them a copy of this guidance document and 49 CFR § 173.65.\nQ14: What is the Difference Between Transporting FCA-certified Division 1.4G Consumer\nFireworks and DOT-approved Division 1.4G Consumer Fireworks?\nA14: The wording on the shipping paper provided to you and the markings on the packaging\nwill show an \"FC\" number rather than an \"EX\" number.\nQ15: How can I obtain additional information on applying to become a Fireworks\nCertification Agency (FCA)?\nA15: File the application with the Associate Administrator for Hazardous Materials Safety\n(Attention: Approvals, PHH-32), Pipeline and Hazardous Materials Safety Administration,\nU.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE.,\nWashington, DC 20590-0001. Alternatively, the document with any attached supporting\ndocumentation in an appropriate format may be filed by facsimile (fax) to: (202) 366-3753 or\n(202) 366-3308 or by electronic mail (e-mail) to: approvals@dot.gov.\nLast updated: Thursday, March 13, 2014","truncated":false,"body_characters":7655}