This is the second of two articles discussing some of the fine points of drafting legislation. In last month’s article, I discussed general concepts regarding drafting legislation; in this month’s article, I will examine the art of drafting legislation that either amends or repeals an existing statute. It is rare for a legislative proposal to…
The Pipeline and Hazardous Materials Safety Administration has recently issued a clarification of the prevailing fireworks policy regarding approvals or certifications for specialty devices. [Docket No. PHMSA-2013-0206; Notice No. 13-15; dated October 2, 2013]. Interestingly, this Agency may have deliberately elected to issue a clarification to bypass seeking public comment; PHMSA routinely seeks public comment…
Two months after issuing a ruling benefiting industry practices relating to pick bins of fireworks shells, ATF has followed up with a separate ruling relating to approval of wood-only floors for Type 4 storage magazines. Specifically, ATF Ruling 2012-5 sets forth an alternate basis for approval of Type 4 storage magazines constructed of wood-only floors….
Dallas, Texas, was the site of the American Pyrotechnics Association’s (APA) 59th annual convention; billed as the Red River Shootout. The Convention was scheduled around daytime seminars and a trade show, while many nights were punctuated by a reception culminating in a fireworks display. The fact that the convention coincided with the Texas State Fair…
Several hundred fireworks enthusiasts from around the world converged in Erlanger, Kentucky, for the National Fireworks Association’s Expo 2007. The Expo was scheduled around daytime seminars and a trade show, followed each evening by demonstrations by various manufacturers. Needless, to say, there was little down-time. The seminars that were conducted by esteemed experts were both…
Recent tragic events in Boston have brought additional unwanted attention to the retail fireworks trade. As you may recall, just a few years prior, another misanthrope appeared in New York City’s Times Square with a utility van reportedly packed with consumer fireworks wired to cause mayhem and injury to innocent victims. Each of these events,…
The following question was sent in by a FB subscriber, and the issues referenced are common to most, if not all, members of the fireworks industry. I’m sitting here anxiously waiting on my Chinese vendor to get EX numbers assigned by phmsa so that I can get delivery on time this year. And I’m quite…
Recent events in Chicago, and elsewhere, highlight the well-known fact that the consumer fireworks industry is never far away from regulation and legal exposure. In Chicago, local fire officials now seek to ban the sale of aerial luminaries, such as airborne paper lanterns, that have become increasingly popular. Paper, or sky, lanterns have a long…
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…
In June 2012, Federal Motor Carrier Safety Administration amended its enforcement policy relating to calculating and publicizing driver, vehicle and hazardous materials out-of-service rates and crash rates (see, FR Doc. 2012-15740; Published June 27, 2012). As a requisite to issuing a hazardous materials safety permit (HMSP), a motor carrier must have a crash rate or,…
