§173.65. Exceptions for Division 1.4G consumer fireworks. — Inbound Citations

(3) A water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas as defined in § 173.115 of this subchapter.

Bundle of cylinders means assemblies of UN cylinders fastened together and interconnected by a manifold and transported as a unit. The total water capacity for the bundle may not exceed 3,000 L, except that a bundle intended for the transport of gases in Division 2.3 is limited to a water capacity of 1,000 L. Not permitted for air transport.

Bureau of Explosives means the Bureau of Explosives (B of E) of the Association of American Railroads.

C means Celsius or Centigrade.

Captain of the Port (COTP) means the officer of the Coast Guard, under the command of a District Commander, so designated by the Commandant for the purpose of giving immediate direction to Coast Guard law enforcement activities within an assigned area. As used in this subchapter, the term Captain of the Port includes an authorized representative of the Captain of the Port.

Carfloat means a vessel that operates on a short run on an irregular basis and serves one or more points in a port area as an extension of a rail line or highway over water, and does not operate in ocean, coastwise, or ferry service.

Cargo aircraft only means an aircraft that is used to transport cargo and is not engaged in carrying passengers. For purposes of this subchapter, the terms cargo aircraft only, cargo-only aircraft and cargo aircraft have the same meaning.

Cargo tank means a bulk packaging that:

(2) For Division 1.4G consumer fireworks reviewed by a Fireworks Certification Agency approved in accordance with 49 CFR part 107 subpart E and certified in accordance with § 173.65, with the FC number assigned by a DOT-approved Fireworks Certification Agency.

(1) Division 1.4G materials offered for transport and transported in accordance with § 173.65 of this subchapter.

(b) Except as provided in §§ 173.64, 173.65, and 173.67, no person may offer a new explosive for transportation unless that person has specified to the examining agency the ranges of composition of ingredients and compounds, showing the intended manufacturing tolerances in the composition of substances or design of articles which will be allowed in that material or device, and unless it has been examined, classed and approved as follows:

(1) Except for an explosive made by or under the direction or supervision of the Department of Defense (DOD) or the Department of Energy (DOE), a new explosive must be examined and assigned a recommended shipping description, division and compatibility group, based on the tests and criteria prescribed in §§ 173.52, 173.57 and 173.58. The person requesting approval of the new explosive must submit to the Associate Administrator a report of the examination and assignment of a recommended shipping description, division, and compatibility group. If the Associate Administrator finds the approval request meets the regulatory criteria, the new explosive will be approved in writing and assigned an EX number. The examination must be performed by a person who is approved by the Associate Administrator under the provisions of subpart H of part 107 of this chapter and who—

(i) Has (directly, or through an employee involved in the examination) at least ten years of experience in the examination, testing and evaluation of explosives;

(ii) Does not manufacture or market explosives, and is not controlled by or financially dependent on any entity that manufactures or markets explosives, and whose work with respect to explosives is limited to examination, testing and evaluation; and

(2) A new explosive made by or under the direction or supervision of a component of the DOD may be examined, classed, and concurred in by:

(i) U.S. Army Technical Center for Explosives Safety (SMCAC-EST), Naval Sea Systems Command (SEA-9934), or Air Force Safety Agency (SEW), when approved by the Chairman, DOD Explosives Board, in accordance with the DOD Ammunition and Explosives Hazard Classification Procedures (IBR, see § 171.7 of the subchapter); or

(3) A new explosive made by or under the direction or supervision of the Department of Energy (DOE) may be—

(i) Examined by the DOE in accordance with the DOD Explosives Hazard Classification Procedures, and must be classed and approved by DOE; or

(4) For a material shipped under the description of “ammonium nitrate-fuel oil mixture (ANFO)”, the only test required for classification purposes is the Cap Sensitivity Test—Test Method 5(a) prescribed in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see § 171.7 of the subchapter). The test must be performed by an agency listed in paragraph (b)(1), (b)(2), or (b)(3) of this section, the manufacturer, or the shipper. A copy of the test report must be submitted to the Associate Administrator before the material is offered for transportation, and a copy of the test report must be retained by the shipper for as long as that material is shipped. At a minimum, the test report must contain the name and address of the person or organization conducting the test, date of the test, quantitative description of the mixture, including prill size and porosity, and a description of the test results.

(a) Notwithstanding the requirements of § 173.56(b), Division 1.3 and 1.4 fireworks (see § 173.65 for provisions applicable to Fireworks Certification Agencies) may be classed and approved by the Associate Administrator without prior examination and offered for transportation if the following conditions are met:

(1) Fireworks must be manufactured in accordance with the applicable requirements in APA 87-1A (IBR, see § 171.7 of this subchapter), APA 87-1B (IBR, see § 171.7 of this subchapter), and APA 87-1C (IBR, see § 171.7 of this subchapter).

(2) The fireworks must pass a thermal stability test conducted by a third-party laboratory or the manufacturer. The test must be performed by maintaining the device, or a representative prototype of a large device such as a display shell, at a temperature of 75 °C (167 °F) for 48 consecutive hours. When fireworks contain more than one component, those components that could be in physical contact with each other in the finished firework must be placed in contact with each other during the thermal stability test.

(3) The manufacturer applies in writing to the Associate Administrator following the applicable requirements in APA 87-1A (IBR, see § 171.7 of this subchapter), APA 87-1B (IBR, see § 171.7 of this subchapter), and APA 87-1C (IBR, see § 171.7 of this subchapter), and is notified in writing by the Associate Administrator that the fireworks have been classed, approved, and assigned an EX number. Each application must be complete and include all relevant background data and copies of all applicable drawings, test results, and any other pertinent information on each device for which approval is being requested. The manufacturer must sign the application and certify that the device for which approval is requested conforms to the appropriate APA standard; that the descriptions and technical information contained in the application are complete and accurate; and, with respect to APA 87-1A, that no duplicate application has been submitted to a Fireworks Certification Agency. If the application is denied, the manufacturer will be notified in writing of the reasons for the denial. The Associate Administrator may require that the fireworks be examined by an agency listed in § 173.56(b)(1).