American Pyrotechnics Association — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety CoT 10 2006 Mr. Gregg Smith American Pyrotechnics Association Safety Program Manager Ref. No. 06-0166 7910 Woodmont Avenue, Suite 1220 P.O. Box 30438 Bethesda, MD 20814 Dear Mr. Smith: Office of Hazardous Materials Enforcement concerning marking This responds to your email sent to Mr. Robert Lynch in the requirements for packages containing Fireworks, UN0336, 1.4G, under the Hazardous Materials Regulations (HMR; 49 CFR office for a response. Parts 171-180). Your inquiry has been forwarded to this Specifically, you indicate that the name "Consumer Fireworks" is routinely marked on packages of fireworks. You enclosed a photograph showing a typical marking and ask if this marking is acceptable under the marking requirements The HMR specify that the proper shipping name and identification number marked on a Materials Table package must be as shown in the § 172.101 Hazardous (see § 172.301 (a) (1)) and must be located effectiveness away from any other {see § 172.304 (a) (4)). The marking displayed marking that could reduce its on the package in the photograph does not satisfy these name shown in the § 172.101 Hazardous Materials Table. requirements. "Consumer Fireworks" is not a proper shipping Further, the additional wording "Consumer" may reduce the clarity of the required marking. 172.101 060166 173.62#

Page 2It is our recommendation that if your members want to continue using the name "Censumer Fireworks" as a package marking for purposes other than compliance with the HMR, the marking should be located away from the proper shipping and identification number markings. we can be of I trust this satisfies your inquiry. Please contact us if further assistance. Sincerely, licwand 3. Mazzul Director Edward T. Mazzullo Office of Hazardous Materials Standards#

Page 3Steens, Michael <PHMSA> From: Sent: Lynch, Robert <PHMSA> To: Friday, June 30, 2006 6:13 AM Subject: Stevens, Michael <PHMSA> Stevens FW: Word Consumer on 1.4G Box': 817362' Importance: High Attachments: consumer fwks 003.jpg Explosive 06 - 0166 Have you hearikor read anything regarding this issue. To: Lynch, Robert <PHMSA> Cc: Julie Heckman Importance: High Subject: Word Consumer on 1.4G Box's Hello Bob, the DOT inspector said that they must Nith all of the DOT inspections going on, I have had several APA members call and say that UN0336 if they have the word CONSUMER ahead of or in the same line with the word immediately cease shipping box's of 1.4G FIREWORKS ship it! The inspector told them to remove/ cover up the word consumer on each box to be able to See the attached picture, there hundreds of thousands of box's just like this for the last 20 years which have been acceptable to DOT in the past. Out of about 20 inspections this year, I have had 2 calls on this issue. The rest were ok about the word consumer on the box. If it is Could we please get some guidance or at least your take on this? really want to make sure it is correct. incorrect, st list is coe ect now and we can work to fix the problem since we Thank You, -- APA Safety Program Manager Gregg Smith Fax # Office Tel.# 724-962-4061 gsmith@americanpyro.com 724-962-1484 Confidentiality Statement: This message is intended for the designated recipient (s) only. This message may be confidential and legally priviledged, along with any document, files or previous email messages that are attached. If you are not a designatec recipient of information in this message is prohibited. if you believe this message has been sent to this message, you are hereby notified that any disclosure, copying or use of the you in error, please destroy it and notify the sender by reply email or ky calling 724-962-4061. Thank You.#