Grand Finale Entertainment, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 MAY O 1 2019 James Fish Grand Finale Entertainment, Inc. 103 Kenton Court Simpsonville, SC 29681 Reference No. 18-0092 Dear Mr. Fish: This letter is in response to your June 25, 2018, letter and subsequent phone conversations with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of explosives and general packaging requirements for fireworks. Specifically, you describe the following scenario and seek confirmation that the package as described complies with the HMR and if the device would be considered a new explosive: • Your company uses 1 .4G fireworks (UN0336), that have valid EX numbers, and securely attaches those fireworks to a base. • You attach art "initiator" to the visco fuse of each firework, and connect the initiator to a . firing terminal that can be remotely activated, allowing someone to fire the device in any desired order. (The firing terminal requires batteries to function, but there are no batteries installed during transportation). • The "initiator" may or may not have pyrotechnic material. • The "initiator" does not alter the 1 .4G firework except for attaching the "initiator" to the preexisting visco fuse of the firework. • Batteries (9-volt battery and/or AA's) are shipped in the same package, but the batteries are wrapped and secured in such a way that the terminals of the batteries are completely . protected and covered. • The assembled device is packaged inside a box and has the necessary markings and label on the exterior of the box in compliance with the HMR for fireworks (UN0336). Y out question is, does this configuration constitute a new explosive? The answer is yes. Based on the information provided, fusing the devices together and to a central control board that could be used to fire the devices in any desired order, constitutes the manufacturing of a new explosive device. Thus, the device is subject to review and approval under the provision of§ 173.56. The special nature of your device (only using already approved#

Page 2devices that have existing EX approvals) may make it possible to obtain a single approval to cover a large array of possible fireworks that could be configured in one device. We recommend that you review the application process in§ 173.56 and contact the Office of Approval and Permits (202-366-4511) to see what options may be available to your company. I hope this information is helpful. Please contact us if we can be of further assistance. SIDrer~ef&_ ,rkD~d? Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Grand Finale Entertainment, LLC 103 Kenton Court Simpsonville, SC 29681 September 25, 2017 Mr. William J. Boyle Ill Explosives Enforcement Specialist Bureau of Alcohol, Tobacco, Firearms & Explosives Explosives Industry Programs Branch 99 New York Avenue NE (6.N-660) Washington, DC 20226 Dear Mr. Boyle: I'm writing to follow up our conversation from Sep. 7, 2017 at the National Fireworks Association's Expo meeting where we reviewed a tray assortment that I'm working on called ViViD, The Fireworks Show In A Box. My company is developing a box of UN0336 1.4G fireworks whereby we assemble a tray assortment of these finished products into a package for consumer use. I'm writing to request a letter of determination to confirm that assembly of this tray assortment does not constitute my company as an explosives manufacturer and that we do not require an explosives manufacturing licensing. As further explanation, my company only uses finished UN0336 1.4G fireworks with EX numbers that we purchase from authorized U.S. importers. We mount these finished UN03361.4G fireworks into a tray assortment and attach to each device's existing green fuse a plastic clip and consumer Firewjre lnjtjator that extends to a terminal which has no power supply. None of this alters the originally manufactured firework d;ice or its intended performance in any way, shape or form. Enclosed is a list of UN0336 1.4G fireworks with EX numbers that we use, copy of the Safety Data Sheet for the Fi rewire Initiator, and a photograph of the tray assortment. It would be helpful if the Bureau of Alcohol, Tobacco, Firearms & Explosives could provide a letter of determination to confirm that assembly of this tray assortment using only finished UN0336 1.4G fireworks with EX numbers does not constitute my company as an explosives manufacturer and that we do not require an explosives manufacturing license. Sincerely, James Fish President & Founder Grand Finale Entertainment, LLC (864) 256-1694 Enclosure#

Page 4Grand Finale Entertainment, LLC 103 Kenton Court Simpsonville, SC 29681 UN0336 1.4G consumer firework device with existing EX number and AFSL certification Plastic connector and Fi rewire Initiator attached to the tip of the green fuse Unaltered pre-existing green fuse UN0336 1.4G fireworks assembled and mounted into a tray assortment#