What does 49 CFR 173.64 (Exceptions for Division 1.3 and 1.4 fireworks) require?
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To ship Division 1.3 and 1.4 fireworks without a prior examination under 49 CFR 173.64, you must meet the following practical conditions:
1. Manufacturing Standards: The fireworks must be manufactured in accordance with the applicable requirements of APA 87-1A, 87-1B, and 87-1C.
2. Thermal Stability Testing: The device (or a representative prototype, such as a large display shell) must pass a thermal stability test performed by either a third-party laboratory or the manufacturer. The test requires maintaining the device at 75 °C (167 °F) for 48 consecutive hours. If the device has multiple components that could physically touch in the finished product, those components must be placed in contact during this test.
3. Written Application & Approval: The manufacturer must apply in writing to the Associate Administrator, following APA 87-1A, 87-1B, and 87-1C requirements, and receive written notification that the fireworks have been classed, approved, and assigned an EX number.
4. Application Requirements: Your application must be complete and include:
* All relevant background data.
* Copies of applicable drawings, test results, and pertinent information for each device.
* A signed manufacturer certification stating that the device conforms to the appropriate APA Standard, the technical information is complete and accurate, and (for APA 87-1A) that no duplicate application was submitted to a fireworks certification agency.
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