{"operation":"document","citation":"21-0053","title":"National Fireworks Association — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-10-27","effective_on":null,"summary":"21-0053 response to National Fireworks Association concerning 171.7, 173.64.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0053.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0053.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0053","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76066/210053.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOctober 27, 2021\nMr. Steve Houser\nPresident\nNational Fireworks Association\n8224 NW Bradford Court\nKansas City, MO 64151\nReference No. 21-0053\nDear Mr. Houser:\nThis letter is in response to your inquiry received by this Office on May 18, 2021, requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable\nto the marking requirements for EX-numbers on packages containing consumer fireworks.\nSpecifically, you ask whether the HMR require the marking of EX-numbers on a finished\nconsumer firework device or on the packaging if the device is too small to accommodate the\nmarking.\nOn November 25, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\npublished a final rule in the Federal Register [85 FR 75680] titled “Hazardous Materials:\nAdoption of Miscellaneous Petitions to Reduce Regulatory Burdens” under Docket No.\nPHMSA-2017-0120 (HM-219C). In this final rule, PHMSA incorporated by reference the\nJanuary 1, 2018, edition of the American Pyrotechnics Association (APA) Standard 87–1 A, B,\nC, “Standard for Construction and Approval for Transportation of Fireworks, Novelties, and\nTheatrical Pyrotechnics,” excluding certain appendices. In accordance with the HM-219C final\nrule, after November 26, 2021, fireworks must be designed and approved under the standards of\nthe 2018 APA standard.\nThe HMR do not directly specify where an EX‑number must be marked on a finished consumer\nfireworks device or its packaging, as described in your scenario. However, as provided by\n§ 173.64(a)(1), after November 26, 2021 fireworks must be manufactured in accordance with the\nrequirements in APA Standard 87-1A, 87-1B, or 87-1C (as applicable), which are incorporated\nby reference in § 171.7.\n\n<<>>\n\nFurthermore, under the January 1, 2018, edition of APA Standard 87-1A, section 2.4, finished\nconsumer fireworks must be marked with the EX- (or FC) number on the device itself or the\ndevice’s packaging if the device is too small.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPollack\n21-0053\nFrom: Pollack, Arthur (PHMSA)\nTo: Hillman, Kenetha CTR (PHMSA); Dodd, Alice (PHMSA)\nCc: Foster, Glenn (PHMSA)\nSubject: FW: Interpretation Request from NFA regarding revised APA 87-1 A,B,C\nDate: Tuesday, May 18, 2021 8:26:36 AM\nImportance: High\nHi Kenetha/Alice, did we ever get this request for interp (below)? Vallary Maxey asked me the status\nof it yesterday and I could not find it in FMP. I’m thinking they didn’t send it to you/HMIC asking for\nit to be logged in as in interp and just forwarded it to Shane on a Friday afternoon and it wasn’t clear\nthey expected an interp. Since it is a firework issue that I am familiar with I don’t mind if its assigned\nto me. -Arthur\nFrom: Maxey, Vallary (PHMSA)\nSent: Monday, May 17, 2021 1:52 PM\nTo: Pollack, Arthur (PHMSA) \nCc: Singh, Harpreet (PHMSA) ; Gasser, Neal (PHMSA)\n; Maxey, Vallary (PHMSA) \nSubject: FW: Interpretation Request from NFA regarding revised APA 87-1 A,B,C\nImportance: High\nFYI\nFrom: Steve Houser [mailto:shouser@nationalfireworks.com]\nSent: Friday, February 19, 2021 3:00 PM\nTo: Kelley, Shane (PHMSA) \nCc: Maxey, Vallary (PHMSA) ; Singh, Harpreet (PHMSA)\n; Gasser, Neal (PHMSA) ; Bob Kellner\n\nSubject: Interpretation Request from NFA regarding revised APA 87-1 A,B,C\nImportance: High\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nMr. Kelley:\nIn follow up to a team meets conference held on 1/25/21 between myself as President and Bob\nKellner, Treasurer representing the National Fireworks Association (NFA) and Vallary\nMaxey, Harpreet Singh and Neal Gasser representing PHMSA/DOT the NFA ,on behalf of\nour members, is requesting some clarification regarding the finished firework device.\nSpecifically where it requires the EX number to be on the device, or on the package if the\ndevice is too small.\nAfter discussions with members of the NFA over the past weeks it has become necessary, for\nillustrative purposes, to include photos of example items in this discussion. Since the number\nof and file size of the photos is approximately 24MB I was wondering if this would clear your\nemail system or if I need to arrange another method of getting these to you along with our\n\n<<>>\n\nspecific questions relating to the interpretation request(s) we and our members have.\nPlease advise and thank you in advance for your assistance.\nSincerely,\nSteve Houser\nPresident\nNational Fireworks Association","truncated":false,"body_characters":5086}