As we approach the busiest season of the year, fireworks retailers and display companies can expect an inspection from one, if not several, law enforcement and regulatory agencies. These inspections are deliberately timed to occur during your busy season due to the increased level of activity and, oftentimes, are unannounced (especially federal investigators). The best…
The rising costs of government regulation now appears in the form of a recently-issued notice of proposed rulemaking from the Federal Motor Carrier Safety Administration (“FMCSA”), released November 28, 2014; 79 Fed. Reg. 70839. In it, the Agency proposes substantially raising the minimum financial responsibility levels of (i) for-hire motor carriers, (ii) hazardous materials carriers…
For and on behalf of numerous foreign businesses, I have been involved with submitting designated agent agreements pursuant to 49 C.F.R. § 105.40 (“Agent Agreements”). In my experience, PHMSA issues a form notice of approval, entitled Pipeline And Hazardous Materials Safety Administration (PHMSA) Agent Acknowledgement (the “Agent Acknowledgement”); as it explicitly states, the document evidences…
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…
