View Full Version : Hello, lets fight the CPSC metals ban together.
jyienger
03-11-2018, 09:33 AM
Hi Everyone, thank you Dave for inviting me to this forum. My name is Jim Yienger. I recently gave oral testimony to the CPSC's NPR on fireworks including the metals ban and test. I am a consumer and pyrotechnics enthusiast, and spoke against the proposed regulations. In hindsight, I could have made my points better and more clear. I have been asked to submit followup testimony and plan to do so on Tuesday- if anyone has ideas, please post them.
I find it outrageous that the CPSC is ignoring the blatant lack of safety justification for the regulations. They are, instead, relying on the personal opinion of a few connected large industry lobbyists asking for these regs while ignoring the opinion of 1000s of public comments from consumers and small businesses. I look forward to hearing what others think.
displayfireworks1
03-11-2018, 01:22 PM
Jim, thanks for your comments at the CPSC hearing. For those unfamiliar, Jim's comments start at 41:55 in this video. Jim, I was also pleased to hear they came back to you for further comment and did ignore you despite you not being physically present. I noticed and was impressed you thanked them for that. Good job on the points you mentioned.
.
https://www.youtube.com/watch?time_continue=2882&v=xQvlPDD0I-s
vegassalute
03-11-2018, 06:51 PM
Well done sir! On behalf of pyros everywhere!
beaver nation
03-11-2018, 10:21 PM
Hi Everyone, thank you Dave for inviting me to this forum. My name is Jim Yienger. I recently gave oral testimony to the CPSC's NPR on fireworks including the metals ban and test. I am a consumer and pyrotechnics enthusiast, and spoke against the proposed regulations. In hindsight, I could have made my points better and more clear. I have been asked to submit followup testimony and plan to do so on Tuesday- if anyone has ideas, please post them.
I find it outrageous that the CPSC is ignoring the blatant lack of safety justification for the regulations. They are, instead, relying on the personal opinion of a few connected large industry lobbyists asking for these regs while ignoring the opinion of 1000s of public comments from consumers and small businesses. I look forward to hearing what others think.
Under the administrative rules I don't think you can give comment that would be legally admissible in court after the comment period has closed, that's why I was surprised the CPSC called for this oral testimony unless they wanted to not read the comments and just spend a single part of 1 day to hear the arguments for and against them limiting metallic powder in burst charges. (the LAZY man's "cliff notes" method of coping with 1000's of regulations for nearly everything).
You should sign up online for a introductory trial of "westlaw" (legal database) and do some searches in westlaw for relevant case law decisions in federal court dealing with CPSC and what points are legally required for them to have authority to initiate regulations on a product. I don't believe they have been given authority to initiate regulations requiring forced change to products without there being actual data of "widespread" injury and fatalities with the product. I also wonder how much of a factor misuse of the product plays into the injury and fatality data (similar to people killing themselves with other products via misuse of them)?? can you imagine them regulating firearms based on fatalities and injuries from them?? whomever litigates this needs to cite all the prior case law in regards to this aspect of what is happening for their case. I know much of the fireworks injury data is actually extrapolated via statistical means (not factual) from self reporting of injury at hospitals or emergency responders?? self reporting is dubious to say the least IMHO.
I didn't listen to your testimony yet. this is definitely a very serious threat to 1.4g firework quality. I wish the chinese product manufacturers would have or been able to give the technical input because these bureaucrats and lobbyists are essentially meddling in fireworks construction here with zero technical knowledge about fireworks ....what is upsetting to me is most of the world right now already has more powerful burst charges for their consumer fireworks and the USA is already dealing with product that is less powerful (in the mis-named "land of the free"). all fireworks are dangerous when used improperly.
cherrybomb1
03-11-2018, 11:29 PM
Beaver nation,With all your knowledge on this subject you would have been a good candidate to testify.
beaver nation
03-12-2018, 02:26 AM
Beaver nation,With all your knowledge on this subject you would have been a good candidate to testify.
I didn't spend the time to research the legal limitations on their authority. personally the down side to administrative rules is these bureaucrats can uni-laterally impose whatever they want to and the ONLY recourse you have is to sue them and to do that I believe you cannot bring up anything new, you are constrained to the record (the comments and agency federal register info on the proposed rules). the cards are stacked against you in this bogus system we live under. You can spend years and alot of money on lawyers and some dumbshit judges can then make horrible rulings. It is a crying shame. Save some of your best fireworks to light when the federal gov. finally succumbs to economic collapse it has created!! I am. hope it happens before I die.
beaver nation
03-12-2018, 02:41 AM
"It [the State] has taken on a vast mass of new duties and responsibilities; it has spread out its powers until they penetrate to every act of the citizen, however secret; it has begun to throw around its operations the high dignity and impeccability of a State religion; its agents become a separate and superior caste, with authority to bind and loose, and their thumbs in every pot. But it still remains, as it was in the beginning, the common enemy of all well-disposed, industrious and decent men."-Henry Mencken 1926
PGH_Pyro
03-13-2018, 02:48 PM
i blame trump
Kenny East
03-14-2018, 05:02 AM
I wouldn't blame trump, he's been cutting cpsc funding as well as other agencies... Allowing more importation of "good fireworks" but that's just one way to look at it.. Less funding means less inspection, means more slips through the cracks
cherrybomb1
03-14-2018, 06:00 AM
Here we go again!lol
flashfuse
03-14-2018, 10:56 AM
She lost , get over it!!!!!!!!
RalphieJ
03-14-2018, 11:01 AM
LBJ was president when cherry bombs were banned.
PGH_Pyro
03-15-2018, 09:19 AM
nah i was obviously kind of joking but he's a disaster, so far.
and this cpsc thing sucks, in any case.
pimpdaddee28
03-16-2018, 12:11 PM
nah i was obviously kind of joking but he's a disaster, so far.
and this cpsc thing sucks, in any case.
This is exactly why I'm an Independent and I don't care for either side. It's easier to just say that all politicians are corrupt as hell and that we haven't had a good president since JFK. To give a reason to support either side of the political spectrum will make you look like a complete fool. I saw the same thing that the Liberals have been doing over the last few years when the Conservatives were in charge over 15+ years ago when they flaunted their "holier than thou" shtick. My views do tend to fall under the conservative banner, but that doesn't mean I have to automatically side with the GOP or any other political pea brain out there. Conservatives and Liberals may have different views, but they both have been corrupted over the years. The only difference is that the liberals have most of the media giants on their side, which makes it even more annoying, because we have to keep hearing the same gag over and over and over again.
If you don't want Trump elected again PGH, your side isn't doing a good job of keeping that from happening, lol. They're just re-enforcing people's positions. There's something to be said for too much hatred and vitriol against one politician (and believe me, this is the most I've ever seen against one politician). It eventually gets so diluted that if the politician does something so abominable, his supporters will look passed it because they won't take the media seriously. The man obviously has money/power and he never had to get his hands dirty (politically that is) before he ran for president, so the idiots in Washington didn't like the fact that a guy with no political experience (and no political baggage that comes with it) ended up winning. That means he can't be controlled by anyone, so he doesn't have to get with the cesspool program, which is the norm for any aspiring politician, regardless of how honest/decent they are.
It's almost like how all of the world's superpowers have nuclear weapons, so that each of these countries have something to deter them from launching nukes against their enemies. All politicians have dirt on every major politician (or each other, lol), so that if one got too powerful, they can use said "dirt" to destroy their political careers (what a great deterrent!). All Trump has is his ridiculous romantic escapades and a few unsavory business practices, both of which are pretty common throughout the entire country. Washington can't impeach him for that, so they're using whatever methods they have at their disposal to bring him down. I do find it all very entertaining at times, but as i mentioned in the beginning, if Trump does something REALLY bad (and I'm not referring to what the media keeps pushing), like something along the lines of what Reagan did (give weapons to our enemies), will his supporters ever condemn him because of how numb they've become to whatever the media criticizes him for?
Again, this is why I don't particularly care for politics because this is what it ultimately breeds. It turns us against each other when we should give the politicians the finger and stick together, because at the end of the day, they want US to be divided. The current state of the country is proof of that, and it has been this way LONG before Trump even decided to run for president. We're going to have to fix this division in our country ourselves, that much is evident.
Oh, and welcome to PT Jim! Sorry for rambling on, lol.
beaver nation
03-16-2018, 07:48 PM
The anti-federalists of the past are totally vindicated in their warnings against centralizing power. Too bad enough gullible people were swooned by outright lies written in the "federalist papers". can you imagine how shocked they would be to see what has happened over time? my retired UW economics prof has it pegged:
"Among the most dangerous and destructive myths about the state is that it exists to, and in fact does, bring about justice in social relations. In reality, the state exists to facilitate plunder and domination by those who control it. Any other service it purports to produce, especially anything represented to be a great benefit to the public at large, is either a complete fraud or a highly unsatisfactory product that the rulers provide to placate the masses and diminish their natural tendency to resist being plundered and dominated by specialists in violence, robbery, extortion, and propaganda. Any justice the state produces is thus produced under duress as a calculated concession aimed at securing its overall rule and its ongoing capacity to exploit the many for the benefit of the ruling few."--Dr. Robert Higgs
PGH_Pyro
03-25-2018, 06:40 PM
well, in any case, joe biden will likely be our next president. and it's not a matter of sides. i'm not a registered democrat,ftr .
putin and the kgb remnants have gotten trump into office.
not good.
displayfireworks1
03-25-2018, 07:40 PM
PGH-Pyro You need a little break from that political stuff, this a fireworks forums.
flashfuse
03-28-2018, 09:03 AM
PGH-Pyro You need a little break from that political stuff, this a fireworks forums.
Finally , Thank you Dave........
pimpdaddee28
03-30-2018, 07:08 AM
PGH-Pyro You need a little break from that political stuff, this a fireworks forums.
I second that.
I do apologize for chipping in with my opinion, but I only did it in the hopes that everyone on this site will remain neutral when it comes to the political B.S. It's easier to just say "hey, we want to keep the current fireworks regulations the same, so for any of you so called politicians that are for the proposed changes to these regulations, do some extensive research on this issue, because we will continue fight your proposal until you acknowledge that the current regulations have not increased any issues/concerns in regards to firework safety."
See? Now that is an unbiased & concise statement that unifies us together. No taking sides and calling each other out for our political affiliations. No more "this is Trump's fault" when this proposal for banning metals has been made every year for the last 5+ years, waaaaaaay before Trump was even a factor in the political comings and goings of this country (seriously, I can't even remember Trump discussing, or even mentioning, anything in regards to consumer fireworks, or the political issues behind it). In the end, it's pretty much US (the pyro hobbyists) AGAINST THEM (the ignorant politicians who obviously are being swayed in some way by folks that are trying to ban the metals and change the regulations for their benefit, all under the illusion that this is about "safety").
beaver nation
03-30-2018, 10:08 PM
A west coast fireworks wholesaler has told me that prior to presidency Trumps private helicopter would make a stop to get fireworks in Nevada so there is at least a slim chance that the head executive could have some influence over his executive branch if he would even care to try to help not see the product watered down. I am unsure if the president appoints members of the 5 person commission or not OR if he has authority to remove them at his discretion. I remember Trump years ago getting into it with a Florida city and their administrative rules over the height of structures because the city tried to get a country club to remove a flag pole that was at least 100' tall that had a giant american flag. The intent of the cities rule had nothing to do with flag poles and didn't apply to the situation there either since it wasn't blocking any other property owners view of the ocean, it was just one of those BS situations where some bureaucrat tries to get real legalistic for no logical reason other than their BS "rules" where the intent isn't even considered in their demands
ilovecrackle
03-30-2018, 11:46 PM
See? Now that is an unbiased & concise statement that unifies us together. No taking sides and calling each other out for our political affiliations. No more "this is Trump's fault" when this proposal for banning metals has been made every year for the last 5+ years, waaaaaaay before Trump was even a factor in the political comings and goings of this country (seriously, I can't even remember Trump discussing, or even mentioning, anything in regards to consumer fireworks, or the political issues behind it). In the end, it's pretty much US (the pyro hobbyists) AGAINST THEM (the ignorant politicians who obviously are being swayed in some way by folks that are trying to ban the metals and change the regulations for their benefit, all under the illusion that this is about "safety").
That's just crazy talk. Everyone knows everything is Trumps fault. ;)
Ok, just kidding for all those about to get upset. lol
Now back to fireworks.
Me loves me some crackle. How bout y'all? :)
Rick_In_Tampa
03-31-2018, 07:44 AM
Finally , Thank you Dave........
Ditto for me.
Mauro
06-03-2018, 09:54 AM
Hahaha gotta love politics and fireworks! Viva Trump forever yo! Best president ever! Reason why we elected him is because he’s immune to the liberal temper tantrums and their over-dramatic insults. Any other candidate would’ve been forced to change policy after just a few whiners calling him “Hitler” (it happens to every Republican politician). So we got a rep president that has a shield from that and that is the main reason we knew he was our guy. And he has done a great job of exposing the liberal-progressives as what they are and the little tricks they do to change public opinion. It’s not working well for them so they are super pissed lol. I got a pretty good bonus thanks to his new tax cuts. But liberal coworkers still complain because “but they’re gonna take taxes out of it!!!!” Hahaha haters gonna hate no matter what you do so do you and don’t apologize. MAGA
Mauro
06-03-2018, 10:00 AM
They should make a NOAB cake called Trump Tower, that shoots huuuuge double crackle shells!!!!
Mauro
06-03-2018, 10:12 AM
In all seriousness, I think we’re mainly fightinging against city councils and their influences. Mainly those who have bachelor degrees on some BS social studies with no real evidence of having real common sense or real life knowledge/experience, etc. Yea, people who believe that an ancient technology-tradition that everyone loves and enjoys and makes people come together is a “problem” and they believe their wisdom is greater than the rest of humanity because their way of thinking is the most refined and modern that they are entitled to rule over the rest. And they have degrees that certify they were educated to believe all of that.
cherrybomb1
06-04-2018, 05:24 AM
Mauro, Do you have a passport because Daves about ready to give you a one way ticket to Amsterdam!Lol
PGH_Pyro
06-04-2018, 11:24 AM
what're you high on ? more like worst most corrupt president, ever.
i try to avoid the politics in here but, c'mon ... don't be ridiculous.
make impeachment great again !
pimpdaddee28
06-08-2018, 02:58 PM
what're you high on ? more like worst most corrupt president, ever.
i try to avoid the politics in here but, c'mon ... don't be ridiculous.
make impeachment great again !
C'mon PGH, let's just stick to fireworks please?? All politicians today are corrupt as hell, can we just agree with that point and move on??
Berserker23
06-08-2018, 03:03 PM
what're you high on ? more like worst most corrupt president, ever.
i try to avoid the politics in here but, c'mon ... don't be ridiculous.
make impeachment great again !
You my friend are delusional it’s nothing corrupt about are president now if we had Hillary in office then we would all be F*CKED trump has done more in 600 days than Obama has done in 8 years if you want to call bs on me tell me 10 accomplishments that Obama’s has done except dividing are country
displayfireworks1
06-08-2018, 03:11 PM
I am closing this when I get home. Stay focused on pyro
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