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Interpretation Response #18-0135

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Pyromanager Co. Ltd

Individual Name: Robert Foti

Location State: 91 Country: CN

View the Interpretation Document

Response text:

June 25, 2019

Robert Foti
Pyromanager Co. Ltd
20C Woodbury Court
10 Parkvale Drive
Discovery Bay
Hong Kong, China

Reference No. 18-0135

Dear Mr. Foti:

This letter is in response to your September 17, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for firework design.

We have paraphrased and answered your questions as follows:

Q1. You ask if the Pipeline and Hazardous Materials Safety Administration (PHMSA) requires the 1:3 firework base-to-height ratio for "UN0336, Fireworks, 1.4G."

A1. The definition of a "consumer firework" in § 173.59 of the HMR states that the firework must comply with any limits or requirements of the American Pyrotechnic Association's (APA) Standard 87-1, which PHMSA incorporates by reference in § 171.7. Paragraph of APA Standard 87-1 states, "The minimum horizontal dimension or the diameter of the base must be equal to at least 1/3 the height of the device (excluding any protruding fuse) unless the device remains upright when subjected to a tilt of 12 [degrees] from the horizontal." Therefore, unless the device remains upright when subjected to a tilt of 12 degrees from the horizontal, a 1:3 base-to-height ratio is required to meet the HMR's definition of a consumer firework.

Q2. You ask if space is required between tubes for "UN0431, Articles, Pyrotechnic, 1.4G" mine and shell devices.

A2. The tubes of "UN0431, Articles, Pyrotechnic, 1.4G" mine and shell devices are not required to be separated from each other. Section 3, Note 2 of the APA standard 87-1 exempts UN0431, Articles, Pyrotechnic, 1.4G from the construction requirements of the Consumer Product Safety Commission (CPSC) for consumer fireworks. Additionally, paragraph 3.8.9 indicates that Articles, Pyrotechnic are "evaluated based on weight of pyrotechnic composition in the individual article, and compared to the allowable weights for the corresponding category of 1.4G consumer fireworks."

I hope this information is helpful. Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division

173.59, 171.7

Regulation Sections

Section Subject
171.7 Reference material
173.59 Description of terms for explosives