Commission Votes On Reloadable Tube Aerial Shell Fireworks Devices

The U.S. Consumer Product Safety Commission (CPSC) today voted to publish in the Federal Register a proposed rule banning reloadable tube aerial shell fireworks devices (reloadable shells) larger than l.75 inches in diameter. These shells have been involved in at least l9 injury incidents most of which resulted in serious facial injuries, primarily to the eyes.

The Commission published an advance notice of proposed rulemaking in the Federal Register on July 3l, l990 addressing the risk of injury associated with large shells and those small shells with explosive power equivalent to that of large shells. The Commission decided today not to include small shells having the equivalent explosive power in the proposed ban but will continue to study injuries associated with small-diameter shells.

CPSC Chairman Jacqueline Jones-Smith stated that a ban of large shells appears necessary to remove them from the marketplace because of reported injuries. According to the CPSC staff, of the 3l reported incidents involving reloadable shells, large shells (2.25 inches and 2 inches in diameter) were involved in l9 of 24 incidents where the size of the shell was identified. Seven of the 31 incidents involved the loss of an eye.

The Chairman stated that a voluntary standard developed by the industry may not be adequate to reduce the risk of injury associated with these products. The Chairman and Commissioner Anne Graham voted for the proposed rule with Commissioner Carol Dawson dissenting. Statements by the Chairman and Commissioner Dawson are attached.

The Commission is seeking comments from the public on the proposed banning rule. A copy of the Federal Register notice may be obtained by calling the Commission's Office of the Secretary on telephone number 30l-492-6800. Written comments on the proposal should be sent to the Office of the Secretary, CPSC, Washington, D.C. 20207 within thirty (30) days from publication.

The Commission is addressing the hazards posed by reloadable shells as part of its mission to reduce the risks of injury associated with consumer products. Some 15,000 different types of products fall within the Commission's jurisdiction and each year these products are involved in an estimated 30 million injuries and 22,000 deaths.