DOT NFA Bulletin
PHMSA issued in the Federal Register on April 2, 2015 a new guideline that companies are no longer to file a complete new application just t change the name on a product. Ie: if a company is manufacturing a cake that they call “Jet blue” for a customer and another customer wants them to manufacture the same item and call it “Flying in the Blue” in the past the manufacture had to submit either a new application for a new EX number or get approval from PHMSA to add the new name to it’s already approval. Now the manufacture can make the item under new names without any type of approval. However the manufacture must have some documentation that links the new name or names to the original EX approval. Below is how it was stated in the Federal Register.
For manufactures of consumer fireworks that wish to revise or update the product name, the HMR do not prohibit the change. In fact, the manufacturer may print, in any format desired, a new item name on any
surface of the package. It is a common industry practice to print the EX or FC number on the fireworks device itself. We encourage industry to continue this practice as an additional means of identifying the product.
A change to the product name (not the proper shipping name) has no bearing on the safety of the firework, the original classification of the firework, or regulatory compliance. When applying for new fireworks applications, manufacturers may wish to simplify their procedures by using product codes or item numbers in accordance with Appendix D, Note 2 in the American Pyrotechnics Association, Standard 87– 1 (December 1, 2001 Edition), [Incorporated By Reference (IBR), see 49 CFR 171.7(f)].
Tom Dunaway & Associates, Inc.