[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Rules and Regulations]
[Pages 56988-56989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22706]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 173

[Docket No. PHMSA-2013-0205; Notice No. 14-5]


Clarification on Fireworks Policy Regarding Display Aerial Shells 
With Attachments

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Clarification.

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SUMMARY: This document clarifies PHMSA's policy regarding applications 
for classification approval of Display Aerial Shells with Attachments, 
provided they conform to the acceptable criteria described in this 
guidance, and otherwise comply with APA Standard 87-1 requirements. 
Although the APA Standard 87-1 provides requirements for Display Aerial 
Shells, it does not specifically address Display Aerial Shells with 
Attachments.

DATES: September 24, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Ryan Paquet, Director, Approvals 
and Permits Division, Office of Hazardous Materials Safety, (202) 366-
4512,

[[Page 56989]]

PHMSA, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Introduction

    In this document, PHMSA's Office of Hazardous Materials Safety 
(OHMS) is issuing this policy regarding its classification approval of 
Display Aerial Shells with Attachments, which describes acceptable 
criteria for these types of fireworks. PHMSA previously evaluated and 
approved these devices; however, PHMSA has not previously published 
guidance regarding the approval of these types of fireworks. This 
clarification will help fireworks manufacturers and their U.S. 
designated agents who file applications on their behalf to provide 
accurate applications to PHMSA for approval, which will minimize the 
delay in processing these applications while sustaining the current 
level of safety.

II. Background

    PHMSA's OHMS, Approvals and Permits Division, receives approval 
applications for various types of fireworks, including Division 1.3G 
Display Aerial Shells with Attachments. Division 1.3G fireworks 
applications may be approved in accordance with subpart C of part 173 
of the Hazardous Materials Regulations (HMR, 49 CFR parts 171-180). 
Division 1.3G fireworks applicants have the option for obtaining an EX 
classification approval without prior testing by a DOT-approved 
explosive test laboratory, provided that the firework device is 
manufactured in accordance with the APA Standard 87-1 and passes a 
thermal stability test as required by Sec.  173.64(a)(1) and (2). The 
APA Standard 87-1 currently does not specifically address Display 
Aerial Shells with Attachments; however, it does provide the 
requirements for display shells.
    Display Aerial Shells with Attachments that conform to the 
acceptable criteria described in this guidance and all applicable 
requirements in the APA Standard 87-1 (i.e., chemical compositions and 
shell diameter sizes), may be submitted to PHMSA for approval.

III. Guidelines for Display Aerial Shells With Attachments

    PHMSA considers Display Aerial Shells with Attachments to be 
cylindrical or spherical cartridges containing pyrotechnic compositions 
with attached external components. An attachment is a component that 
contains pyrotechnic composition that is attached to the outside of a 
Display Aerial Shell, and may be ignited by its own independent fuse. 
Display Aerial Shells with Attachments range from 2 inches (50mm) to 10 
inches (250mm) in exterior diameter and are classed as UN0335, 
Fireworks, Division 1.3G.
    To be accepted for review and consideration, PHMSA expects Display 
Aerial Shells with Attachments to be designed so that they (1) remain 
attached to the display aerial shell, (2) do not leak pyrotechnic 
composition during transportation, and (3) are constructed of sturdy 
materials, such as (but not limited to) plastic, Kraft paper, or 
cardboard (this does not apply to tails). Designs must meet the 
requirements of 40 CFR 173.56(b) or 173.64, the requirements in the APA 
Standard 87-1, and must pass a thermal stability test as required by 
Sec.  173.64(a)(2).

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.97.
William S. Schoonover,
Deputy Associate Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2014-22706 Filed 9-23-14; 8:45 am]
BILLING CODE 4910-60-P