National Fireworks Association response : Docket No. CPSC-2006-0034

[displayfireworks1]

As the continuing "Metal Ban" CPSC saga continues, here is a letter from NFA to CPSC. You are seeing this letter ahead of the NFA next newsletter. You are going to need to log onto your user account to view the document.
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[Robbro097]

Im happy the nfa is still fighting for us. Hats off to nfa

[Rick_In_Tampa]

Point 4. is the most important as far as I'm concerned. This is a solution in search of a problem. It's asinine to put it mildly. I hope the CPSC bozo's read and heed the NFA's letter, but I suspect the outcome has already been predetermined.

[Bung]

Blimey, what a mess!. It is far easier to reclassify shells as for use by persons with specialist knowledge and ban them from public sale than to remove the 'metals' from Pyro. (expect cries of disbelief). Interesting that there are comments on that report about injuries, in the main, being caused by the lift charge of shells. (No shit, sherlock!). Strikes me as a lack of common sense being applied by the bodies in question.
NFA is correct in that the burst charge, provided the shells perform as expected, cause no injuries - one needs to consider the use of HDPE mortar tubes to lessen the risk from injury from mortar tube debris. Metal tubes pose the greatest risk. Cardboard and wrapped glass fibre lesser risk with HDPE safest. Neither does the lift charge - provided nobody places any body part over the mortar tube/s. 3" shell leaving a mortar tube at 200mph will mean instant death or lost limbs at best.
At the end of the day, all fireworks are dangerous in the wrong hands. I have heard of some idiots in the US placing a retail mortar on top of their head and lighting the fuse only for the recoil to kill them. This is where fools cannot be regulated and is totally unjustified on imposing draconian laws/rules which is unfair on those who are sensible and use fireworks as they are intended to be used. It is only a tiny minority of people being injured out of the amount of people who use fireworks overall that needs to be recognised. Without looking at official figures - lets say it might be that 1 in 1000 people are injured by a firework. Does that justify the removal of metals from powder? No!. I must admit, that the 'how to use' instructions on fireworks in the US could be better than they are now, but that is down to the rules/laws on such articles.

Just my take on it though. Others will have different views :)

[displayfireworks1]

Cont from NFA most recent
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[beaver nation]

They should really hammer home how dishonest CPSC staff was to try to use death and serious injury data in discussion of this ban and not disclose that the bulk of those were from "modified"/Homemade/1.3g fireworks!!! what a crock of sh!t that they tried to use the sensational stats to prop up their ban while not even being 1.4g product!!! that's what really pisses me off

[RalphieJ]

They should really hammer home how dishonest CPSC staff was to try to use death and serious injury data in discussion of this ban and not disclose that the bulk of those were from "modified"/Homemade/1.3g fireworks!!! what a crock of sh!t that they tried to use the sensational stats to prop up their ban while not even being 1.4g product!!! that's what really pisses me off

They'll stoop to anything to justify their existence. Fireworks are low-hanging fruit for them to make a splash, an easy target. But they lay off bicycles don't they? Statistically the most dangerous device sold to the public. But, money talks..........(as in "fat envelopes").

[pimpdaddee28]

I sincerely hope that this nightmare ends at some point. If the CPSC has an issue with the safety of 1.4g fireworks, then make a proposal to add a better list of safety guidelines/rules on each of the 1.4g products (particularly, aerial items). Augmenting the fireworks themselves isn't going to stop every Joe Moron from hurting himself or anyone stupid enough to misuse these items. The best way to go about it is to place better/clearer instructions, rules and/or guidelines on how to use (and not use) fireworks.

[countryboy7978]

I sincerely hope that this nightmare ends at some point. If the CPSC has an issue with the safety of 1.4g fireworks, then make a proposal to add a better list of safety guidelines/rules on each of the 1.4g products (particularly, aerial items). Augmenting the fireworks themselves isn't going to stop every Joe Moron from hurting himself or anyone stupid enough to misuse these items. The best way to go about it is to place better/clearer instructions, rules and/or guidelines on how to use (and not use) fireworks.

You guys have to understand it?s all insurance insurance insurance. That?s who is behind the fire safety groups, thats who provides funding for Prevent Blindness and the other groups that lobby against fireworks. Most all serious injuries from shells occur as a result of misuse. Firing shells off heads, chests and crotches. The inordinate desire to hold mortar tubes in hand. Insurance companies don?t care if the person injured or killed was a result of misuse or an accident. They are going to have to pay out either way. They want fireworks gone. More warning labels aren?t going to prevent gross misuse. People already know they aren?t supposed to do those things.

[Robbro097]

Sadly you just cant fix stupid

[RalphieJ]

I sincerely hope that this nightmare ends at some point. If the CPSC has an issue with the safety of 1.4g fireworks, then make a proposal to add a better list of safety guidelines/rules on each of the 1.4g products (particularly, aerial items). Augmenting the fireworks themselves isn't going to stop every Joe Moron from hurting himself or anyone stupid enough to misuse these items. The best way to go about it is to place better/clearer instructions, rules and/or guidelines on how to use (and not use) fireworks.

You are assuming that the nincompoop that fires a mortar from the top of his head can read.

[chriskrc]

Stupid people do stupid things and misuse products. So now they want everyone who uses fireworks and other products in the correct manor to suffer. Typical political b.s. Unfortunately I think they have already decided the outcome but lets hope not and to actually have someone in the CPSC read the NFA letter will be truly amazing and mindblowing.

[displayfireworks1]

Just received, keeping everyone updated as I receive.
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[Rick_In_Tampa]

Well that's a great letter! Hopefully the CPSC gives it the attention it's due.

[displayfireworks1]

Just received word the CPSC voted down the proposed regulation to change Consumer Fireworks. Details to follow

[Mattp]

Just received word the CPSC voted down the proposed regulation to change Consumer Fireworks. Details to follow

HOLY $hi+... that is amazing news!!!

[Robbro097]

Thats freakin awesome. Thanks nfa jakes dave and everybody else who worked to beat it and every1 who wrote signed and sent emails to cpsc in opposition looks like our consumer works are safe for now at least

[Rick_In_Tampa]

That is great news!! Sanity finally won out in Washington DC.

[displayfireworks1]

Best I can do for now is copy and paste the press release from the National Fireworks Association
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WASHINGTON ? The National Fireworks Association (NFA) President Steve Houser today released the following statement after the United States Consumer Product Safety Commission (CPSC) voted down the staff package on a proposed rule to amend current fireworks regulations:



?The NFA is pleased that the commission recognized the deficiencies that were in the proposed rule and chose not to implement them.



?We are very happy they saw the flaws pertaining to the powdered metals portion. There was no data to show that the rule would have led to safer products. In fact some data showed that the rule could have potentially led to a more energetic and explosive product.



?Aside from the powdered metals, the NFA supported the other provisions of the proposed rule. Today?s vote indicates that there is still work to be done. The NFA is wholly committed to the safety of the public and the safe use of our products.



?To Commissioner Baiocco?s point this morning, our industry needs to come together to develop voluntary standards for the industry and the NFA remains committed to working with our members on the right standards based on science and data.?

[cptnding]

This is good news.

[displayfireworks1]

I believe the American Pyrotechnic Association is at their annual convention this week in Naples Florida. I can see some internet news reports they are disappointed in the ruling.
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BETHESDA, Md., Sept. 24, 2019 /PRNewswire/ -- The American Fireworks Standards Laboratory (AFSL) and the American Pyrotechnics Association (APA), together representing more than 95 percent of the American fireworks industry join to express disappointment in today's 3-1 vote by the U.S. Consumer Product Safety Commission (CPSC) in failing to update its mandatory consumer fireworks safety standards to enhance the safety of American families.

For over thirty years the AFSL and APA have striven to improve the safety, reliability and enjoyment of consumer fireworks. "Through adoption by AFSL of a comprehensive set of voluntary fireworks safety standards, as well as standards for the construction, classification, approval and safe transportation of fireworks adopted by the APA and the U.S. Department of Transportation (DOT), consumer fireworks today are safer than they have ever been," said Julie L. Heckman, Executive Director of the APA.

"The effectiveness of AFSL and APA standards was evidenced over three years ago, when the CPSC professional staff proposed adopting a many of these standards. Unfortunately, a majority of commissioners on the CPSC today rejected these staff recommendations and adoption of these enhanced safety standards," expressed Quin Dodd, Legal Counsel for AFSL.

The AFSL and APA express our sincere gratitude to the CPSC staff, as well as to incoming Acting Chairman Robert Adler for their support for these enhanced fireworks safety standards. We look forward to continuing to work with both the CPSC and DOT to vigorously enforce existing standards for the safety of American consumers.

[beaver nation]

we all know that the APA and AFSL are not friends of quality fireworks. Both groups want to make consumer fireworks anemic and not anything close to what we enjoy today with break size and reports. Isn't it enough that US fireworks are already watered down compared to much of the world's consumer product??

count this round for the good guys and quality fireworks.

[jknepp1954]

we all know that the APA and AFSL are not friends of quality fireworks. Both groups want to make consumer fireworks anemic and not anything close to what we enjoy today with break size and reports. Isn't it enough that US fireworks are already watered down compared to much of the world's consumer product??

count this round for the good guys and quality fireworks.
I wished this forum had a way to do a thumbs up! True on that.
THIS has been a 3 way tug of war - United we stand - divided we fall!
Sad that the APA and AFSL thinks this is a loss!

[wingman]

"For over thirty years the AFSL and APA have striven to improve the safety, reliability and enjoyment of consumer fireworks. "Through adoption by AFSL of a comprehensive set of voluntary fireworks safety standards, as well as standards for the construction, classification, approval and safe transportation of fireworks adopted by the APA and the U.S. Department of Transportation (DOT), consumer fireworks today are safer than they have ever been," said Julie L. Heckman, Executive Director of the APA."


Gee....Julie just blew the APA's reasoning for their push on anemic fireworks by admitting they are safer than they have ever been. What a moron.

[beaver nation]

Gee....Julie just blew the APA's reasoning for their push on anemic fireworks by admitting they are safer than they have ever been. What a moron.

Bingo!! if the agency and these other associations really thought RELOADABLE shells were the big safety problem why did they try to make ALL aerial devices weaker??? It is obvious that they say things that are not true (they lie) to further an agenda they are not actually being honest about.

Furthermore, they wanted to effectively make ILLEGAL about 50% of all current aerial devices that are COMPLIANT today!!! let that soak in.

[Rick_In_Tampa]

So maybe I'm just too thick to "get it." What's the incentive for 95% of the American fireworks industry to want to partner with an organization (the AFA) that wants to water down their products to the point no one will buy them?? Seems antithetical to sustaining and/or growing their businesses. What am I missing?? :confused:

[beaver nation]

So maybe I'm just too thick to "get it." What's the incentive for 95% of the American fireworks industry to want to partner with an organization (the AFA) that wants to water down their products to the point no one will buy them?? Seems antithetical to sustaining and/or growing their businesses. What am I missing?? :confused:

I'd say that with a couple of the biggest volume dealers it would play into their business model by elimination of better quality products as competition and aligning with the low quality stuff they already specialize in putting out there. Other members probably want to retain market share and prices for display 1.3g business by elimination of quality consumer.

AFSL has said they were supporting out of FEAR of bans but we have a track record of actually the opposite happening: more areas opening to 1.4g and aerial rather than being prohibited.

the other 1.4g importers and brands I can't understand why they would not be against what was attempted other than possibly not really knowing the degree of what they would have lost....most people didn't get ahold of a XRF gun to analyze different product to see what would become illegal, if they had they would have been shocked and CPSC and AFSL lied that it was a small percentage of items that is certain! one guy I know said it was over 50% of aerial stuff and higher not including the little generic high volume cheap stuff.

[displayfireworks1]

Well said Beaver nation. Someone did get an XRF gun and that is exactly what was reported me. Large failures of "Compliant" stuff.

[cptnding]

Well said Beaver nation. Someone did get an XRF gun and that is exactly what was reported me. Large failures of "Compliant" stuff.

Was that Roger Schneider by any chance. His testing results with XRF were similar.
At Rick: My opinion is not going to be popular but here it is. The reason the supposed 95% (not true) of the industry was in support is because of the increased presence of ol product. You've seen it first hand. These days the big boys don't want to take the chance on bringing it in. Fact is they used to. Even Phantom and Winco used to do it. Not any more. Display companies would be happy with an all out ban for obvious reasons. TNT is the safe and sane largest supplier. Works for them too.
The bigger companies (76, Jakes, ect) could live with a 2-3% metals limit so that is what they lobbied for. The APA/AFSL didn't want an all out metals ban.
The youtube generation has glamorized hot fireworks and more are coming in as a result. In the hands of responsible pyros they are not a problem but in the hands of the uneducated masses they will result in more injuries period.
You can thank our litigious society, the fact that people don't want to take responsibility for their own actions, and elected officials reinforcing this pattern.
Shoot em if ya got em lol

[displayfireworks1]

I posted this video on YouTube to thank all of the people that participated on this issue via the CPSC public comment section.
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https://www.youtube.com/watch?v=SvHsgLxXJJ8