Update From The Battlefield 10/13/17

Update from the Battlefield
October 2017
It has been almost three months since the Consumer Product Safety Commission (CPSC) closed the comment period on the proposed fireworks rule that, if implemented as proposed, would ban all metallic content in the burst charges of consumer aerial fireworks. Based on testing by the CPSC, the proposed rule would result in 343% more failures than the dreaded “ear test.” This could dramatically affect how YOU do business.

The CPSC continues to review the comments that were submitted. Once its review is complete, staff will brief the Commissioners and assess next steps. Here is what we know so far:

  • Over 2,500 comments were submitted to the CPSC, with 97%+ opposing the proposed rule. NFA appreciates ALL of its members who helped make OUR voices heard.
  • Kelley Drye & Warren, our lobbying firm and legal counsel, continues to reach out to the CPSC on a regular basis. At this point, it appears there is uncertainty how, if at all, the CPSC will proceed. NFA and Kelley Drye are likely to request another in-person meeting with the Commissioners to discuss NFA’s ongoing concerns with the proposed rule and possible solution to the “ear test.”
  • There appears to be interest at the CPSC in resolving this rule making by September 30, 2018. This means that NFA will need to continue to engage the CPSC and Capitol Hill regularly to protect YOUR, our members’, interests.
  • NFA continues to reach out to other fireworks organizations to try to reach common ground where our interests align. NFA also continues to pursue a workable replacement to the “ear test” and to address DOT shipping issues that our members face.

We wanted to update you on what is taking place in greater detail. We have won some battles, but our efforts are far from over. Our goal is to update you regularly via email and the NFA newsletter in the event we need to call on you again for help. So look for more news and updates in the near future. Together, we must continue taking a proactive role regarding such significant regulatory and legislative issues and we will need your continued and devoted help.

Should you have any questions regarding the status of the CPSC rulemaking or NFA’s position, please feel free to contact the NFA Executive Director Nancy Blogin via phone at
(816) 741-1826 or via email to: nlblogin@gmail.com

Your NFA Board of Directors

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