All too often, manufacturers create one fireworks device that is also suitable for many other effects or sizes. Indeed, series applications fall into one of two categories: (i) shell effects and (ii) shell dimension. PHMSA acknowledges that the hazardous properties of certain fireworks devices may be identical, and it also recognizes that the current policy…

This article examines PHMSA’s recent proposal to revise the HMR to allow DOT-approved fireworks certification agencies; see PHMSA 2010-0320 (HM-257), Fed. Reg. Vol. 77, No 169, 52636 et seq.. PHMSA is seeking comments regarding whether a two-track approach to securing approvals of explosives is both warranted and practical. One track is the current PHMSA approvals…

Frequent contact with law enforcement agents is an accepted part of doing business in the fireworks industry. Oftentimes, clients feel as if they are being treated unfairly by a law enforcement agent (e.g., police officer, fire marshal, ATFE agent) and, as a consequence, they want to sue the law enforcement agency, as well as the…

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