Breeze Executive, Ltd. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 SEP 1 0 2018 George Tasick Breeze Executive, Ltd. 113 Crystal Springs Drive Cranberry Township, PA 16066 Reference No. 18-0058 Dear Mr. Tasick: This letter is in response to your April 4, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the American Pyrotechnics Association (APA) Standard 87-1 as incorporated by reference in§ 171.7. Specifically, you ask if there is a 200-g limit for the total pyrotechnic composition of a "firecracker string." The answer is no. In accordance with Section 3.1.3.1 of APA Standard 87-1, a firecracker is described as a small, paper-wrapped or cardboard tube containing not more than 50 mg of explosive composition. APA Standard 87-1 does not prescribe a maximum total pyrotechnic composition for strings of firecrackers. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely,#

Page 2January, lkeya CTR (PHMSA) From: Sent: To: Cc: Subject: Maxey, Vallary (PHMSA) Thursday, April 12, 2018 9:32 AM January, lkeya CTR (PHMSA) Singh, Harpreet (PHMSA); Andrews, Steven (PHMSA); Relerford, Darral (PHMSA); Fink, William (PHMSA); Gasser, Neal (PHMSA); Qureshi, Mona (PHMSA); Tarr, Richard (PHMSA) FW: Regarding 200g limit on firecracker strings ... Date: April 12, 2018 lkeya January, I spoke with Steven Andrews and he requested I forward this email to you for distribution and follow up by the Standards Office, PHHlO. The request is for an interpretation regarding the 200g limit on firecracker strings under the American Pyrotechnic Association (APA) Standard 87-1. We held a conference call on April 4th with our Firework Certification Agencies (FCA) and this request is a follow up question to that call. We would like to provide an expedited response back to all 11 FCAs participating in the program. Thank you for your help in this matter and please let me know if you have any questions. Regards, Val/ary S. Maxey U.S. Department of Transportation/PHMSA Approvals and Permits 1200 New Jersey Avenue, SE Washington, DC 20590 email: vallary.maxey@dot.gov ph: 202-366-4511 From: Bartrum, Zeudi CTR (PHMSA) On Behalf Of FIREWORKS (PHMSA) Sent: Thursday, April 05, 2018 8:46 AM To: Relerford, Darral (PHMSA) <Darral.Relerford@dot.gov>; Maxey, Vallary (PHMSA) <Vallary.Maxey@dot.gov> Subject: FW: Regarding 200g limit on firecracker strings ... FYA From: George Tasick [mailto:george@breezex.hk] Sent: Wednesday, April 04, 2018 12:44 PM To: FIREWORKS (PHMSA) <FIREWORKS@dot.gov> Subject: Regarding 200g limit on firecracker strings ... To whom it may concern on the annual FCA conference call, I just wanted to follow up on the 200g limit on firecracker strings interpretation. I understand the situation and w ill follow your interpretation in the future. I also understand that this situation will have more clarity once the new APA 87-1 is adopted and referenced in the CFR. 1#

Page 3That said, I would like to cite this situation as a communication issue between PHMSA, the FCAs and the industry . • It was said in the meeting that the 2017 PowerPoint presentation mentioned this 200g limit on firecracker strings. However, PowerPoint presentations are generally considered "visual aids" or "internal documents", not "official communications". (Especially when said information is listed in the "Discussion/Open Forum/Q&A" section of the PowerPoint presentation.) In my opinion, examples of official communications would be PHMSA memos, like the ''Guidance and Criteria for Fireworks Novelty Devices" or the "Clarification on Fireworks Policy Regarding Approvals or Certifications for Firework Series/Specialty Fireworks Devices" that was published in the federal register. With the ultimate "official communication" being written into or referenced by the CFR. All such documents I am familiar with, and keep on file to be referenced as needed. (It was also said in the meeting that the 200g limit on firecracker strings was referenced in the 1998 edition of APA 87-1, however that edition was superseded by the 2001 version, which does not specifically set a 200g limit on firecracker strings.) As PHMSAs interpretation of a 200g limit of firecracker strings was not officially published (in my opinion), it makes it hard for me as an FCA to follow the interpretation, or even know to ask if an interpretation exists. In other words, it opens up an opportunity for error that wouldn't exist if PHMSA's interpretation where officially published. Furthermore, without an officially published communication from PHMSA, I now have to inform my Chinese FCA customers that there is an unpublished PHMSA interpretation that places a 200g limitation on firecracker strings ... which only further increases the lack of understanding. While it was said in the meeting that the 16,000 strips of firecrackers sold in every fireworks store in the US may have been lab tested an approved by PHMSA, it's more likely that the majority of these items are shipping on old EX numbers from before PHMSA was following APA 87-1 as strictly as they are now. This too adds to the confusion. Again, I now understand the ruling and will follow it ... and I understand that the new APA 87-1 will clarify this issue ... but for the sake of communication, any such interpretations should be made public by more official means so that no interpretation is needed on the part of the FCAs or the industry. Thanks, George Tasick Breeze Executive, Ltd. 2#

Page 4" ••- ..... . . ,. . - -~- - -- . . . _ · · · - ---- - -~-__....-- __ _ ,c_::c__~~ APA STANDARD 87-1 chemical composition including lift charges of any multiple tube devices may not exceed 200 g. (See section 3.5) The maximum quantity of lift charge in any one tube of a mine or shell device shall not exceed 20 g, and the maximum quantity of break or bursting charge in any component shall not exceed 25% of the total weight of chemical composition in the component. Note: Shells that are offered for transportation without a launching tube may not be approved as Fireworks, 1.4G, UN0336 under the provisions of this Standard, except as provided in section 3.1.2.6 for kits. Aerial shells without launching tubes may be approved for . transportation as Fireworks, 1.3G, UN0335. (See section 4.1.1) * 3.1.2.6 Aerial Shell Kit, Reloadable Tube A package (kitJ containing a cardboard, high-density polyethylene <HDPE), or equivalent launching tube and not more than ll small aerial shells. (see 4.1.1) Each aerial shell is limited to a maximum of 60 g of ·total chemical composition Oift charge, burst charge, and . visible/audible effect composition,) and the maximum diameter of each shell .shall .Hd- not exceed 1.75 inches. In addition, the maximum quantity of lift charge in any ~~t,~ · shell·shall not exceed 20 g, and the maximum quantity of break or bursting , ~~s charge in any shell -shall not exceed 25% of the total weight of chemical ~ composition in the shell. The total chemical composition of all the shells in a kit, including lift charge, shall not exceed 400 ~ for approval under the provisions of . this Standard. The user lowers a shell into the launching tube, at the time of firing, with the fuse extending out of the top of the tube. After firing, the tube is then reloaded with another shell for the next firing. All launching tubes must be capable of firing twice the number of shells in the kit without failu~e of the tube. Each package of 12 shells must comply with all warning label requirements of CPSC. * 3.1.3 Audible e Devices * 3.1.3.1 Firecracker Small, paper-wrapped or cardboard tube containing not more than 50 mg of explosive composition, those used in aerial devices may contain not more than 130 mg of explosive composition per report. Upon ignition, noise and a flash of light are produced. Note: Firecrackers...are not subject to the requirements of fuse in section 3.5.1 and chemicals in sect:~~rJ. ~1-\ · · - - · . _ * 3.1.3.2 Chaser Paper or cardboard tube venting out the fuse end of the tube containing not more than 20 g of chemical composition. The device travels along the ground ·· upon ignition. A whistling effect, or · other noise, fs often produced. Explosive composition may be included to produce a report but may not exceed 50 ..: . .._, . . ,, · · 1 I !.. ----- , _ . · . mg. . , . ~ p ~ ~iH'1 . · . . .. J_ .. A};'~v / diMu,r . - 2 n ~ / ~ 3/ ~ 1o so0 ~ -..__ c1 zor -~<{); ; ul'W:~.\1· • r1: :J 1. - -'-- : I ' ·. - ~ r _._ . I •• '· .. _;. .,} _-.- , '_-·· -- • ., ., ,' _l. ,.• .. J>.. ------• ·.'#

Page 5• .. __ ...,_ ....... .. , .... . +< _? .. ----- , -~~ - ---:~ ---~ - .'-...: ... _ _ APA STANDARD 87-1 snake-like ash that expands in length as the pellet burns. Chemical compositions vary, , but ppically contain ammonium perchlorate, nitrated pitch, asphaltum, and similar carbonaceous materials. These devices are limited • to a maximum of 25 pellets per inner package in order to be transported as not regulated devices. / * 3.3 Toy Caps Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps, containing not more than ail average of 0.25 grains (16 mg) of explosive · composition per cap. _ _ Toy caps are described as Toy Caps NA0337 and classed as 1.4S. Toy caps shall only be approved for transportation using the procedure specified in Title / 49 CFR, § 173.56(b). "' ,.;,;... * 3.4 Other Devices The Approvals Branch at DOT should be contacted rega,rding the . }, .. , requirements and procedures for approval cif any device that is a unique shape or design, ,,1 ~,.;rv.,.,;..,-: . ' or any device that produces unique pyrotechnic or explosive effects, or combinations of : \ ~ ~:::::; effects not enumerated in Chapter 3 of this Standard. * 3.5 Multiple Tube Fireworks Devices and Pyrotechnic Articles * 3.5.1 Multiple tube devices contain more than one cardboard tube. The ignition of one external fuse causes all of the tubes to function in sequence. The tubes are either individually attached to a wood or plastic base, or are dense-packed and are held together by glue, wire, string, or other means that securely holds the tubes together during operation. ' 1 I I * 3.5.2 Multiple tube devices are normally limited to a maximum of 200 g of total , · pyrotechnic composition for approval as Fireworks, UN0336, 1.4G or ..,.,Art_wJ..fu,. ~<, "\ 1 ! Pyrotechnic, UN043i, 1.40 under this Standard. (See 3.5.4 for exceptions.) The, ' :, i weight of chemical composition per tube is limited to the weight limit for the specific type of device in the tube. (See section 3 .1 for the weight limits per tube, I i based on type of effect.) L · * 3.5.3 The connecting fuses on multiple tube devices must be fused in sequence so ' i ( }f that the tubes fire sequentially rather than all at once. i h 9#