[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Page 26096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13046]



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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1500 and 1507


Large Multiple-tube Fireworks Devices; Affirmation of Final Rule

AGENCY: Consumer Product Safety Commission.

ACTION: Affirmation of final rule.

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SUMMARY: The Commission announces that it has received no objections to 
its final rule amending its fireworks regulations under the Federal 
Hazardous Substances Act that was published on March 26, 1996 (61 FR 
13084). Accordingly, the rule will go into effect on March 26, 1997, as 
originally provided. This final rule will require that large multiple-
tube fireworks devices that have any tube with an inner diameter of 1.5 
inches (3.8 cm) or greater pass a performance test for stability.

EFFECTIVE DATE: The rule published March 26, 1996 (61 FR 13084) is 
effective March 26, 1997.

FOR FURTHER INFORMATION CONTACT: Samuel B. Hall, Office of Compliance, 
Consumer Product Safety Commission, Washington, DC 20207-0001; 
telephone (301) 504-0400, ext. 1371.

SUPPLEMENTARY INFORMATION: On March 26, 1996, the Commission issued a 
final rule amending its fireworks regulations under the Federal 
Hazardous Substances Act. 61 FR 13084, corrected 61 FR 18245 (April 25, 
1996). This final rule will require that large multiple-tube fireworks 
devices that have any tube with an inner diameter of 1.5 inches (3.8 
cm) or greater pass a performance test for stability. Under the test, 
these devices may not tip over when inclined at an angle of 60 degrees 
from the horizontal. This requirement is intended to reduce the risk of 
injury posed when these fireworks devices tip over during firing. If 
they tip over, subsequent tubes may discharge in the direction of 
spectators or others in the vicinity.
    A proceeding to classify a substance as a banned hazardous 
substance under section 2(q)(1) of the FHSA is governed by sections 
3(f)-(i) of the FHSA, and by sections 701(e)-(g) of the Federal Food, 
Drug, and Cosmetic Act (``FDCA''), 21 U.S.C. 371(e)-(g). See 15 U.S.C. 
1261(q)(2). These procedures provide that once the Commission issues a 
final rule, persons who would be adversely affected by the rule have 30 
days in which to file objections with the Commission stating the 
grounds therefor, and to request a public hearing on those objections. 
21 U.S.C. 371(e). This period for objections expired on April 25, 1996.
    The Commission is required to publish a notice in the Federal 
Register specifying any parts of the regulation that have been stayed 
by the filing of proper objections or, if no objections have been 
filed, stating that fact. By this notice, the Commission states that no 
objections to the final rule were filed in this proceeding. 
Accordingly, the rule will go into effect on March 26, 1997, as 
originally provided. The rule will apply to the subject multiple-tube 
fireworks devices that first enter interstate commerce or are imported 
on or after the effective date.

    Dated: May 20, 1996.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 96-13046 Filed 5-23-96; 8:45 am]
BILLING CODE 6355-01-P