Interpretation Response #19-0118
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Phantom Importing & Distribution, LLC
Individual Name: Ms. Jessi Moore
Location State: OH Country: US
View the Interpretation Document
Response text:
March 23, 2020
Ms. Jessi Moore
Purchasing and Product Development Manager
Phantom Importing & Distribution, LLC
2445 Belmont Avenue
Youngstown, OH 44505
Reference No. 19-0118
Dear Ms. Moore:
This letter is in response to your October 3, 2019 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171–180) applicable to the shipment of sparklers. Your email states that you are considering a new package design for sparklers. Specifically, you ask whether the package containing sparklers, as pictured in your incoming email, would be exempt from the HMR per the Pipeline and Hazardous Materials Safety Administration (PHMSA) guidance document entitled "Guidance and Criteria for Fireworks Novelty Devices."
The answer is no. PHMSA's "Guidance and Criteria for Fireworks Novelty Devices" exempts sparklers from the HMR when the inner packaging can contain no more than 8 sparkler devices. This Office considers the package design pictured in your email to consist of one inner packaging and one outer packaging; therefore, the package design would exceed the 8-device limitation per inner packaging. Please note that if the material does not meet the definition of any novelty devices in the guidance document, it will require an EX approval before being shipped.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division