{"operation":"document","citation":"18-0092","title":"Grand Finale Entertainment, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-05-01","effective_on":null,"summary":"18-0092 response to Grand Finale Entertainment, Inc. concerning 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0092.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0092.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0092","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71331/180092.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAY O 1 2019\nJames Fish\nGrand Finale Entertainment, Inc.\n103 Kenton Court\nSimpsonville, SC 29681\nReference No. 18-0092\nDear Mr. Fish:\nThis letter is in response to your June 25, 2018, letter and subsequent phone conversations with a\nmember of my staff requesting clarification of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180) applicable to the classification of explosives and general packaging\nrequirements for fireworks. Specifically, you describe the following scenario and seek\nconfirmation that the package as described complies with the HMR and if the device would be\nconsidered a new explosive:\n• Your company uses 1 .4G fireworks (UN0336), that have valid EX numbers, and securely\nattaches those fireworks to a base.\n• You attach art \"initiator\" to the visco fuse of each firework, and connect the initiator to a\n. firing terminal that can be remotely activated, allowing someone to fire the device in any\ndesired order. (The firing terminal requires batteries to function, but there are no\nbatteries installed during transportation).\n• The \"initiator\" may or may not have pyrotechnic material.\n• The \"initiator\" does not alter the 1 .4G firework except for attaching the \"initiator\" to the\npreexisting visco fuse of the firework.\n• Batteries (9-volt battery and/or AA's) are shipped in the same package, but the batteries\nare wrapped and secured in such a way that the terminals of the batteries are completely\n. protected and covered.\n• The assembled device is packaged inside a box and has the necessary markings and label\non the exterior of the box in compliance with the HMR for fireworks (UN0336).\nY out question is, does this configuration constitute a new explosive?\nThe answer is yes. Based on the information provided, fusing the devices together and to a\ncentral control board that could be used to fire the devices in any desired order, constitutes the\nmanufacturing of a new explosive device. Thus, the device is subject to review and approval\nunder the provision of§ 173.56. The special nature of your device (only using already approved\n\n<<<PAGE 2>>>\n\ndevices that have existing EX approvals) may make it possible to obtain a single approval to\ncover a large array of possible fireworks that could be configured in one device. We recommend\nthat you review the application process in§ 173.56 and contact the Office of Approval and\nPermits (202-366-4511) to see what options may be available to your company.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSIDrer~ef&_\n,rkD~d? Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nGrand Finale Entertainment, LLC\n103 Kenton Court\nSimpsonville, SC 29681\nSeptember 25, 2017\nMr. William J. Boyle Ill\nExplosives Enforcement Specialist\nBureau of Alcohol, Tobacco, Firearms & Explosives\nExplosives Industry Programs Branch\n99 New York Avenue NE (6.N-660)\nWashington, DC 20226\nDear Mr. Boyle:\nI'm writing to follow up our conversation from Sep. 7, 2017 at the National Fireworks Association's Expo meeting\nwhere we reviewed a tray assortment that I'm working on called ViViD, The Fireworks Show In A Box.\nMy company is developing a box of UN0336 1.4G fireworks whereby we assemble a tray assortment of these\nfinished products into a package for consumer use. I'm writing to request a letter of determination to confirm\nthat assembly of this tray assortment does not constitute my company as an explosives manufacturer and that we\ndo not require an explosives manufacturing licensing.\nAs further explanation, my company only uses finished UN0336 1.4G fireworks with EX numbers that we purchase\nfrom authorized U.S. importers. We mount these finished UN03361.4G fireworks into a tray assortment and\nattach to each device's existing green fuse a plastic clip and consumer Firewjre lnjtjator that extends to a terminal\nwhich has no power supply. None of this alters the originally manufactured firework d;ice or its intended\nperformance in any way, shape or form. Enclosed is a list of UN0336 1.4G fireworks with EX numbers that we use,\ncopy of the Safety Data Sheet for the Fi rewire Initiator, and a photograph of the tray assortment.\nIt would be helpful if the Bureau of Alcohol, Tobacco, Firearms & Explosives could provide a letter of\ndetermination to confirm that assembly of this tray assortment using only finished UN0336 1.4G fireworks with EX\nnumbers does not constitute my company as an explosives manufacturer and that we do not require an\nexplosives manufacturing license.\nSincerely,\nJames Fish\nPresident & Founder\nGrand Finale Entertainment, LLC\n(864) 256-1694\nEnclosure\n\n<<<PAGE 4>>>\n\nGrand Finale Entertainment, LLC\n103 Kenton Court\nSimpsonville, SC 29681\nUN0336 1.4G consumer firework device with\nexisting EX number and AFSL certification\nPlastic connector and Fi rewire Initiator\nattached to the tip of the green fuse\nUnaltered pre-existing green fuse\nUN0336 1.4G fireworks assembled\nand mounted into a tray assortment","truncated":false,"body_characters":5138}