# Hazardous Materials: Streamlining Requirements for the Approval of Certain Energetic Materials

- **operation:** document
- **citation:** 88 FR 83514
- **title:** Hazardous Materials: Streamlining Requirements for the Approval of Certain Energetic Materials
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** proposed
- **official:** true
- **published on:** 2023-11-30
- **effective on:** Not available
- **summary:** PHMSA proposes to amend the Hazardous Materials Regulations to revise the classification and approval process for certain low-hazard fireworks; to revise classification criteria for small arms cartridges to include tracer ammunition; to include the PHMSA portal as the method to submit applications for all explosives approvals; and to allow for voluntary termination of an explosive approval by the approval holder.
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Federal Register, Volume 88 Issue 229 (Thursday, November 30, 2023) [Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)] [Proposed Rules] [Pages 83514-83530] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2023-25887] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, and 173 [Docket No. PHMSA-2020-0103 (HM-257A)] RIN 2137-AF50 Hazardous Materials: Streamlining Requirements for the Approval of Certain Energetic Materials AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to revise the classification and approval process for certain low-hazard fireworks; to revise classification criteria for small arms cartridges to include tracer ammunition; to include the PHMSA portal as the method to submit applications for all explosives approvals; and to allow for voluntary termination of an explosive approval by the approval holder. DATES: Comments must be submitted by February 28, 2024. PHMSA will consider late-filed comments to the extent possible. ADDRESSES: You may submit comments by identification of the docket number (PHMSA-2020-0103 [HM-257A]) by any of the following methods: Federal Rulemaking Portal: https://www.regulations.gov . Follow the online instructions for submitting comments. Fax: 1-202-493-2251. Mail: Docket Management System, U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: Include the agency name and docket number PHMSA-2020- 0103 (HM-257A) or RIN 2137-AF50 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to https://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard. Docket: For access to the public docket to read background documents or comments received, visit https://www.regulations.gov or the DOT Docket Operations Office (see ADDRESSES). Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ``PROPIN.'' Submissions containing CBI should be sent to Eugenio Cardez, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any commentary PHMSA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: Mr. Eugenio Cardez, Transportation Specialist, Standards and Rulemaking Division, Office of Hazardous Materials Safety, 202-366-8553, 1200 New Jersey Avenue SE, Washington, DC 20590. SUPPLEMENTARY INFORMATION: Table of Contents I. Background A. Low Hazard Fireworks B. Tracer Ammunition C. Changes to the Approvals Process II. Incorporation by Reference Discussion Under 1 CFR Part 51 III. Proposed Amendments A. Establishing Exceptions for Ground and Novelty Device Fireworks B. Authorizing the Self-Classification of Tracer Ammunition C. Amending the Approvals Process IV. Section-by-Section Review V. Regulatory Analyses and Notices A. Statutory/Legal Authority B. Executive Orders 12866 and 14094; DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act and Executive Order 13272 F. Paperwork Reduction Act G. Unfunded Mandates Reform Act of 1995 H. Draft Environmental Assessment I. Privacy Act J. Executive Order 13609 and International Trade Analysis K. National Technology Transfer and Advancement Act L. Severability M. Cybersecurity and Executive Order 14028 I. Background The pyrotechnic industry is a global logistics supply chain comprised of mostly foreign fireworks manufacturers and domestic importers, retailers, distributors, carriers, and consumers. Fireworks are a Class 1 explosive material in accordance with the Hazardous Materials Regulations (HMR; 49 Code of Federal Regulations (CFR) parts 171-180). Class 1 explosives are divided into six divisions based on their explosion hazard: 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6. PHMSA proposes to amend the classification and approval process of certain low-hazard fireworks of Division 1.4G. As defined in Sec. 173.50 of the HMR, Division 1.4 consists of explosives that present a minor explosion hazard. Division 1.4 explosives have explosive effects that are largely confined to the package; no projection of fragments of appreciable size or range is to be expected; and an external fire must not cause virtually instantaneous explosion of almost the entire contents of the package. Explosives are assigned compatibility codes used to specify the controls for the transportation, and storage related thereto, of explosives and to prevent an increase in hazard that might result if certain types of explosives were stored or transported together. Explosives assigned a ``G'' code are not limited to fireworks and may also be defined as pyrotechnic substances or articles containing a pyrotechnic substance, or articles containing both an explosive substance and an illuminating, incendiary, tear- producing or smoke-producing substance. Subpart C of part 173 details requirements for the classification and packaging of Class 1 explosive materials and specifies that explosives, including fireworks, must be approved and assigned an explosives approval number --i.e., an EX number--by PHMSA, based on actual testing and classification, prior to transportation to, from, and within the United States. Section 173.64 permits Division 1.3G and 1.4G fireworks to be approved without prior examination based on certain conditions, including compliance with the provisions of the 2018 American Pyrotechnic Association (APA) Standards 87-1A, 1B, and 1C, [[Page 83515]] which are incorporated by reference in Sec. 171.7.\1\ Further, Sec. 173.65 permits--in lieu of an approval--Division 1.4G consumer fireworks (as defined in Sec. 171.8) to be certified by a DOT-approved Fireworks Certification Agency (FCA). After the FCA reviews the consumer fireworks application and certifies it meets the requirements, the FCA assigns an FC number in place of an EX number for Division 1.4G consumer fireworks. --------------------------------------------------------------------------- \1\ The 2018 APA Standards 87-1A, 1B, and 1C were incorporated by reference in the Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce Regulatory Burdens Final Rule. 85 FR 75680 (Nov. 25, 2020). See https://www.federalregister.gov/documents/2020/11/25/2020-23712/hazardous-materials-adoption-of-miscellaneous-petitions-to-reduce-regulatory-burdens . --------------------------------------------------------------------------- All fireworks transported to, from, and within the United States must be approved by PHMSA or certified by an FCA. The current approval process requires PHMSA personnel to conduct a multi-step review of each application, which includes accepting an application, entering application data into a database; reviewing the application for completeness and compliance with the APA standard; drafting the final action letter; conducting the final review; and signing and issuing the final approval. PHMSA estimates its review process takes about two hours per application, for an estimated 425 labor hours annually. PHMSA provides approvals free of charge as a public service to manufacturers. However, manufacturers have the option to use commercial FCAs for Division 1.4 consumer fireworks, which certify products for a fee, and may process approvals faster. See the preliminary regulatory impact analysis (PRIA) in the docket for this rulemaking for additional information.\2\ --------------------------------------------------------------------------- \2\ The PRIA is available in the regulatory docket (Docket ID: PHMSA-2020-0103) at www.regulations.gov . --------------------------------------------------------------------------- A. Low Hazard Fireworks Low hazard fireworks refer to a group of explosive articles that are not designed to leave ground level, contain no aerial components, and contain less than 100 grams of chemical composition per tube. These devices have a minimal and well-understood hazard as explosives. Specifically, low hazard fireworks can only be manufactured using chemicals from the ``Permitted and Restricted Chemical Table for Consumer Fireworks and Novelties,'' \3\ and reports \4\ are restricted to 50 milligrams of report composition. The European community conducted extensive fireworks testing prior to the development of the United Nations (UN) default fireworks table. The devices proposed under this rulemaking for classification as Division 1.4G fireworks are consistent with the UN default table, as well as 30 years of classification experience under the APA standards. --------------------------------------------------------------------------- \3\ https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2021-09/2018%20APA%2087-1%20A.pdf . \4\ Report: A concussive effect and flash of light produced by the ignition of a chemical composition. --------------------------------------------------------------------------- Low hazard fireworks include ground and novelty firework devices, as currently listed in the 2018 APA Standard 87-1A. Ground Devices The 2018 APA Standard 87-1A defines ``ground device'' as a device designed to produce its effects at or near ground level. The following 17 individual ground devices are defined as low hazard fireworks and may be approved or certified for transportation in accordance with the HMR provided they meet the requirements for construction, formulation, and packaging: Chaser, Crackling Ball, Crackling Strip, Crackling Tube, Firecracker, Flasher/Strobe, Flitter Sparkler, Fountain Cone, Fountain Cylindrical, Fountain Nitrocellulose, Ground Spinner, Illuminating Torch, Smoke, Snake, Specialty Device, Wheel, and Wire Sparkler or Dipped Stick. Ground devices meeting the provisions of the 2018 APA Standard 87- 1A are classified and described as ``UN0336, Fireworks, Division 1.4G.'' Currently, ground devices are either approved by PHMSA personnel or certified by an FCA upon completion of a multi-step review of each application. PHMSA proposes streamlining the approval or certification process of these fireworks by allowing self-certification using an online application in the PHMSA portal with an automated process for review and issuance of a certification. This automated process may be used for the low hazard fireworks identified in this rule in lieu of the current process and would no longer require PHMSA or FCA personnel to conduct time-consuming reviews of each application or impose a cost on manufacturers who opt to use a FCA to certify these fireworks. Manufacturers of fireworks that meet the required criteria for the construction, formulation, and packaging of these ground devices--specifically discussed in Section II: Proposed Amendments-- would certify compliance with specified conditions and limitations online and receive a certificate with a unique identifier number (i.e., FW number) for each firework type. The online system will provide immediate comparison of the technical information provided against the criteria established for low hazard fireworks. Because of the low hazard associated with these fireworks, and because we maintain oversight through PHMSA's Quality Assurance and Quality Control (QA/QC) review program \5\ of applications submitted through the PHMSA portal, PHMSA believes the current safety level for transport of these fireworks will be maintained when using this process for certification of eligible ground device fireworks. --------------------------------------------------------------------------- \5\ The PHMSA QA/QC Low Hazard Fireworks Review Program is currently under development while completing development of the electronic process, and when finalized will be similar to the PHMSA Fireworks FCA QA/QC Review Program. --------------------------------------------------------------------------- Multi-tube devices, such as cake and combination fireworks devices, are excluded from this rulemaking. PHMSA is not proposing that multi- tube devices be allowed to be self-certified via the PHMSA portal at this time; however, manufacturers will still use the PHMSA portal for submitting an application for the standard explosive approval. Novelty Devices In 1995, PHMSA issued ``Guidance and Criteria for Fireworks Novelties,'' which sought to resolve confusion regarding novelty devices (i.e., novelties) and PHMSA's explosives regulations. The guidance document was later reissued under the same name in 2005 and 2015, with only editorial changes. The current version \6\ includes five novelties that--when shipped domestically by ground, rail, or vessel--may be transported as not regulated as explosives when manufactured in accordance with the provisions outlined for each type of device as specified in the 2001 APA Standard 87-1. The 2018 APA Standard 87-1A includes two additional novelties that may be excluded from HMR requirements--for a total of seven novelties for consideration for approval or certification for transportation as not subject to further regulation in accordance with proposed changes to the HMR, provided they meet the conditional requirements for construction, formulation, packaging, and transportation mode. The seven novelties are Booby Trap/Pull Apart, Novelty Flitter Sparkler, Party Popper, Novelty Snake, Snapper, Novelty Wire Sparkler or Novelty Dipped Stick, and Novelty Smoke Device. However, when these novelties are prepared for [[Page 83516]] transportation by air, they must be classified and described as ``UN3178, Flammable solid, inorganic, n.o.s. (novelties)'' and shipped in accordance with requirements of the HMR. --------------------------------------------------------------------------- \6\ See ``Guidance and Criteria for Fireworks Novelties,'' available at: https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/approvals-and-permits/hazmat/energetic-materials-approvals/57711/inalguidancefandcriteriaforfireworksnoveltydevices03192015.pdf . --------------------------------------------------------------------------- A PHMSA approval or FCA certification is not required for novelties manufactured in accordance with the provisions outlined for each type specified in the APA standards when transported domestically by ground, rail, or vessel, but this exception is only applicable within the United States and its territories. PHMSA proposes to authorize the use of the automated self-certification process to enable the manufacturer to receive a certificate for use with international transportation. Manufacturers of novelties meeting the required criteria for the construction, formulation, and packaging of these devices would certify compliance with specified conditions and limitations online and receive a certificate with a unique identifier (defined as an ``FW number'') for each firework type, in the same manner proposed for ground devices. There have been no systemic safety issues or safety concerns involving shipments of novelties that meet the requirements of both the APA standards and PHMSA's guidance memo. The history of safe shipments helps demonstrate that the proposed amendment will not have an adverse effect on safe transportation of these fireworks. Rather, the proposed changes ++in this NPRM will codify existing guidance to promote increased regulatory clarity and consistency, which will--at a minimum--maintain the current level of safety. Publication of a final rule will supersede previously issued guidance on this matter. B. Tracer Ammunition Section 173.56(h) authorizes self-classification of certain types of small arms cartridges into Division 1.4S, provided certain conditions are met. Explosives assigned an ``S'' code are defined as substances or articles so packed or designed that any hazardous effects arising from accidental functioning are limited to the extent that they do not significantly hinder or prohibit firefighting or other emergency response efforts in the immediate vicinity of the package. In particular, Sec. 173.56(h)(3) specifies a condition that the ammunition has an inert projectile or is blank. However, the current criteria is silent on whether this ammunition includes tracer ammunition. Tracer ammunition utilizes a small amount of a pyrotechnic charges at the base or as coating of the projectile to make the trajectory of the projectile visible to the naked eye. As such, considering the Sec. 173.56(h)(3) condition, affected entities have expressed uncertainty whether tracer ammunition is considered inert and, therefore, qualifies for the exception in paragraph (h). PHMSA considers the small amount of pyrotechnic charge as a negligible quantity of explosive material compared to the quantity of propelling charge contained within the cartridge itself, and this small amount of pyrotechnic charge at the base of or coated on the projectile does not increase the hazard in a bonfire test nor make unintentional initiation any more likely. In this rulemaking, PHMSA is considering allowing tracer ammunition to be eligible for self-classification as a Division 1.4S material provided all criteria outlined in Sec. 173.56(h) are met. C. Changes to the Approval Process Currently, as part of the Hazardous Materials Program Procedures, in 49 CFR 107.705, the approval process for submitting applications includes mail, email, or fax. Although not explicitly stated, PHMSA also accepts applications for approvals submitted through the PHMSA portal.\7\ PHMSA proposes to amend 49 CFR 107.705 to add the PHMSA portal to the current options to submit all types of approval applications, and to specify that use of the PHMSA portal will be the only option to submit explosives approval applications and to self- certify manufacture of low hazard fireworks. To be clear, PHMSA proposes that from the effective date of a published final rule, persons will no longer be able to submit explosives approval applications by mail, email, or fax and must use the PHMSA portal. PHMSA believes efficiencies will be gained by moving to an electronic only service. The PHMSA portal provides the public online access to PHMSA services, creating a single source for Hazardous Materials and Pipeline Safety applications and data. Persons need only to register to create an account to access and use the portal. Further discussion is provided in ``Section II.C.'' --------------------------------------------------------------------------- \7\ The PHMSA portal is available online at https://portal.phmsa.dot.gov/phmsapub/faces/PHMSAHome ;PHMSAPUB_SESSIONID=aHhG4dIf1U0E2nq599uvQ- RWl3nzKlgWsLSOcwxPNzx1te7cDD3R!883673165?req=- 3710157719365173927&attempt=0&_afrLoop=1686827584595767&_afrWindowMod e=0&_afrWindowId=null&_adf.ctrl-state=ns6jrdcpu_1. --------------------------------------------------------------------------- Furthermore, 49 CFR 107.713 describes the process for the modification, suspension, and termination of approvals. As currently prescribed in 49 CFR 107.713(c), before an approval is modified, suspended, or terminated, PHMSA must provide approval holders an opportunity to show cause why the proposed action should not be taken. PHMSA proposes to add a new paragraph (e) to allow approval holders to request termination of approvals, and to revise paragraph (c) to clarify that when an approval holder voluntarily seeks to terminate an approval, PHMSA is not required to issue a show cause letter. II. Incorporation by Reference Discussion Under 1 CFR Part 51 According to the Office of Management and Budget (OMB), Circular A- 119, ``Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,'' government agencies must use voluntary consensus standards wherever practical in the development of regulations. PHMSA currently incorporates by reference into the HMR all or parts of numerous standards and specifications developed and published by standard development organizations (SDO). In general, SDOs update and revise their published standards every two to five years to reflect modern technology and best technical practices. The National Technology Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs Federal agencies to use standards developed by voluntary consensus standards bodies in lieu of government-written standards whenever possible. Voluntary consensus standards bodies develop, establish, or coordinate technical standards using agreed-upon procedures. OMB issued Circular A-119 to implement section 12(d) of the NTTAA relative to the utilization of consensus technical standards by Federal agencies. This circular provides guidance for agencies participating in voluntary consensus standards bodies and describes procedures for satisfying the reporting requirements in the NTTAA. Accordingly, PHMSA is responsible for determining which standards currently referenced in the HMR should be updated, revised, or removed, and which standards should be added to the HMR. Revisions to materials incorporated by reference in the HMR are handled via the rulemaking process, which allows for the public and regulated entities to provide input. During the rulemaking process, PHMSA must also obtain approval from the Office of the Federal Register to incorporate by reference any new materials. The Office of the Federal Register issued a rulemaking \8\ that [[Page 83517]] revised 1 CFR 51.5 to require that an agency detail in the preamble of an NPRM the ways the materials it proposes to incorporate by reference are reasonably available to interested parties, or how the agency worked to make those materials reasonably available to interested parties. --------------------------------------------------------------------------- \8\ 79 FR 66278 (Nov. 7, 2014). --------------------------------------------------------------------------- The following standards appear in the regulatory text of this NPRM and have already been approved for the locations in which they appear: (1) APA 87-1A: Standard for the Construction, Classification, Approval and Transportation of Consumer Fireworks; (2) APA 87-1B: Standard for the Construction, Classification, Approval, and Transportation of Display Fireworks; and (3) APA 87-1C: Standard for the Construction, Classification, Approval, and Transportation of Entertainment Industry and Technical Pyrotechnics. No changes to these standards are proposed in this NPRM. III. Proposed Amendments To streamline procedural requirements for fireworks manufacturers and shippers, PHMSA proposes changes to the regulations relating to PHMSA's explosives approval program specific to fireworks. PHMSA also proposes changes to the HMR to address classification and packaging inconsistencies for tracer ammunition. PHMSA will continue to use the current approval process for Division 1.4G consumer fireworks in accordance with requirements specified in Sec. Sec. 173.56(b), (f), or (i), and 173.65. However, instead of the current approval process, PHMSA proposes to permit manufacturers to self-certify classification of certain ground and novelty device fireworks using the PHMSA portal, as discussed previously and further below. Furthermore, PHMSA proposes to revise the self-classification of inert projectile cartridges in Sec. 173.56(h) to include tracer ammunition; amend 49 CFR 107.705 to require use of the PHMSA portal as the only submittal option for explosives approval applications; and amend 49 CFR 107.713 to clarify that an approval holder may voluntarily terminate an approval and that a show cause letter from PHMSA is unnecessary when approval holders request to terminate approvals voluntarily. In the PRIA supporting this rulemaking, PHMSA determined that the aggregate benefits of the amendments proposed justify their aggregate costs. If adopted in a final rule, the amendments proposed herein are expected to reduce the paperwork burden on the regulated community and PHMSA personnel since fewer paper-based explosives approval applications will be submitted and processed. The overall net benefits include a cost savings of 425 labor hours annually. See the PRIA for additional information. These cost savings will not have a material effect on the safety impact of PHMSA's explosives approval program. A. Establishing Exceptions for Ground and Novelty Device Fireworks PHMSA proposes to revise Sec. 173.64 to outline the exceptions for ground and novelty device fireworks. Specifically, for certain low hazard fireworks of these types, the section would authorize exception from the standard explosive device approval process for classification of Division 1.4G fireworks. These exceptions would be implemented by establishing an automated process within the PHMSA portal for self- certification, review of the information provided, and issuance of a certificate with a unique identification (i.e., FW number). This process may be used for the ground and novelty devices identified in this rulemaking in lieu of the current explosive approval process. PHMSA personnel would no longer be required to conduct a time-consuming review of each application. The automated review process will require the same information as currently required by the HMR. However, the diagram of the device and chemical formulation sheets will not require firsthand review by PHMSA personnel when compliance is certified by the applicant. PHMSA believes this proposed change is consistent with our Agency mission to protect the health and safety of the public and the environment, and consistent with Executive Order 12866 \9\ that in part calls for agencies to examine existing regulations and identify and assess available alternatives to direct regulation. In this case, the current regulations to ensure the safe transport of explosives require explosives--such as fireworks--to be examined, classed, and approved by PHMSA; and further that certain fireworks manufactured according to APA 87-1A may be certified for transportation by a DOT-approved FCA instead. PHMSA believes that upon examination of the existing regulation and in consideration of the low safety hazard associated with certain ground and novelty devices, this proposal to streamline the process authorizing their manufacture and transport by self- certification benefits the public. PHMSA proposes that self- certification will introduce efficiencies and maintain the safety of transporting these fireworks under the HMR. To correspond to the changes proposed in this NPRM, PHMSA proposes to add a definition for ``low hazard firework'' to Sec. 173.59. --------------------------------------------------------------------------- \9\ 58 FR 51735 (Oct. 4, 1993). --------------------------------------------------------------------------- Ground Devices PHMSA proposes that ground device fireworks certified using the PHMSA portal as conforming to the construction, formulation, and packaging requirements in revised Sec. 173.64, will be authorized for transport as ``UN0336, Fireworks, 1.4G.'' Seventeen ground devices will be eligible for this new certification process: Chaser, Crackling Ball, Crackling Strip, Crackling Tube, Firecracker, Flasher/Strobe, Flitter Sparkler, Fountain Cone, Fountain Cylindrical, Fountain Nitrocellulose, Ground Spinner, Illuminating Torch, Smoke, Snake, Specialty Device, Wheel, and Wire Sparkler or Dipped Stick. Multi-tube devices,\10\ such as cake and combination devices, are excluded from eligibility for certification using the automated process. --------------------------------------------------------------------------- \10\ Multi-tube devices are devices with more than one tube that contains fireworks (i.e., pyrotechnic effects). --------------------------------------------------------------------------- PHMSA proposes specific criteria for manufacturing (construction and formulation) and packaging of these ground devices. The fireworks would be subject to both general and specific requirements as presented below in the table of Proposed Criteria for Ground Devices. The proposed general requirements for ground devices are as follows: Devices must use chemicals in conformance with the permitted and restricted chemical table in the edition of APA Standard 87-1A, Appendix 1, incorporated by reference in Sec. 173.64. The 2018 edition of the standard is currently incorporated by reference. Note that all chemical specifications in the table are maximum limits. All reports are limited to 50 mg (0.050 g) of composition per report. All devices are initiated by a safety fuse with the exception of firecrackers, flitter sparklers, nitrocellulose fountains, snakes, wire sparklers, or dipped sticks. All devices must be finished (they cannot be a component intended to be used in another device). All devices must successfully pass a thermal stability test as specified in Sec. 173.64(a)(2). Each device must be marked with the alphanumeric PHMSA- assigned certification number (``FW number'') consisting of the letters FW, followed by [[Page 83518]] the year and month issued, and a sequential number based on order of issuance that year (e.g., FWYYYYMMSSSS). If the device is too small, the package that contains the device must display the certification number. The specific requirements for each of the 17 eligible ground device types are as follows: Proposed Criteria for Ground Devices ---------------------------------------------------------------------------------------------------------------- Device Definition Specification \11\ Special conditions ---------------------------------------------------------------------------------------------------------------- Chaser............................... Consists of a paper or 20 total grams of None. cardboard tube, which chemical composition, vents out the fuse end with multiple reports of the tube. permitted. Crackling Ball....................... Consists of a spherical 20 total grams of Inner packaging cannot ball that contains chemical composition, exceed 72 grams of small granules of with no reports composition. chemical composition permitted. that upon ignition produce sparks and/or a crackling effect. Crackling Strip...................... Consists of small 20 total grams of Inner packaging cannot granules of chemical chemical composition, exceed 72 grams of composition adhered to with no reports composition. and encased in a paper permitted. or cardboard wrapping that upon ignition produce sparks and/or a crackling effect. Crackling Tube....................... Consists of a tube that 20 total grams of Inner packaging cannot contains small chemical composition, exceed 72 grams of granules of chemical with no reports composition. composition that upon permitted. ignition produce sparks and/or a crackling effect. Firecracker.......................... Consists of a small 50 milligrams of Multiple firecrackers paper-wrapped or chemical composition can be fused together cardboard tube that per firecracker. to form a string. produces a single There is no limit on report. number of firecrackers in a string. Flasher/Strobe....................... Consists of a paper- 5 total grams of Inner packaging cannot wrapped or cardboard chemical composition, exceed 60 grams of tube that produces a with no reports composition. crackling/flashing/ permitted. strobing light effect. Flitter Sparkler..................... Consists of a paper or 25 total grams of None. cardboard tube chemical composition, attached to a stick or with no reports wire. Upon ignition, permitted.. the device produces a Formulations containing shower of sparks, a chlorates are limited colored flame and/or a to 4 grams with no crackling effect. more than 15 percent of the formulations being chlorates. Fountain (Cone)...................... Consists of a conical 50 total grams of None. paper or cardboard chemical composition, container that upon with no reports ignition produces a permitted. shower consisting of any combination of colored sparks, color flame, crackle, smoke, whistle and/or micro star effects. Fountain (Cylindrical)............... Consists of a paper or 100 total grams of None. cardboard tube that chemical composition, upon ignition produces with no reports a shower consisting of permitted. any combination of colored sparks, color flame, crackle, smoke, and whistle or micro star effects. Fountain (Nitrocellulose)............ Consists of a paper or 15 total grams of None. cardboard cone or tube chemical composition, device that produces a with no reports shower of small permitted. sparks, color, and flame as its primary effect using nitrocellulose as the major chemical component. Ground Spinner....................... Consists of a paper or 20 total grams of Multiple ground cardboard tube that chemical composition, spinners can be fused upon ignition emits a with reports permitted. together to form a shower of colored string. Strings are sparks that vents out limited to 20 grams of of an orifice, causing total composition. the device to spin rapidly on the ground. Illuminating Torch................... Consists of a paper or 100 total grams of None. cardboard tube that chemical composition, upon ignition, emits a with no reports colored flame with or permitted. without crackles or sparks. [[Page 83519]] Smoke................................ Consists of a paper or 100 total grams of Multiple smoke devices cardboard tube that chemical composition. can be fused together upon ignition, emits All mixtures to form a string. smoke as the primary containing a chlorate Strings are limited to effect. must contain an equal 100 grams of total amount or greater composition. amount of a carbonate or bicarbonate. Snake................................ Consists of pressed 20 total grams of None. pellet of pyrotechnic chemical composition, composition that upon with no reports. ignition, produces a Only formulations of snake-like ash that nitrated asphalt, expands in length as asphaltum, bitumen, the composition is pitch, and/or tar with consumed. an oxidizer (with or without a binder) are permitted. Specialty Device..................... Consists of a paper or 20 total grams of No tube can contain cardboard tube(s), chemical composition, more than 2 grams of e.g., in the shape of with reports permitted. composition; tubes an animal or a small cannot contain aerial vehicle, that produces components or internal multiple effects. shells. Wheel................................ Consists of a paper or 200 total grams of None. cardboard tube placed chemical composition, on the ground or with no reports. attached to a post, by No tube can contain means of a nail, more than 60 total spike, or string. Upon grams of composition, ignition, the wheel which includes a 20 rotates producing a gram propellant limit shower of sparks, per tube. color, crackling, Tubes cannot contain flame, or whistle aerial components.. effects. Handles are not permitted.. Wire Sparkler or Dipped Stick........ Consists of a metal 100 total grams of Inner packaging cannot wire or wood dowel chemical composition, exceed 120 grams of coated with a chemical with no reports composition. composition. Upon permitted. ignition, the device Formulations containing produces a shower of chlorates are limited sparks, a colored to four grams with no flame, and/or a more than 15 percent crackling effect. of the formulations being chlorates. ---------------------------------------------------------------------------------------------------------------- Currently, manufacturers may submit low hazard fireworks approvals through the PHMSA portal, email, or mail, although all applications in the past several years have been through the PHMSA portal. A manufacturer follows a multi-step process to receive a certificate using PHMSA's automated process for review of low hazard fireworks. First, the applicant must register with PHMSA to create an account to use the PHMSA portal and provide the following contact information: company name, contact person, title, address, phone, and email address; manufacturing location; and U.S. agent (if applicable), address, phone, and email Address. A unique profile is created for each applicant based on their email address, which allows repeated access. If already registered with the PHMSA portal, persons must ensure all necessary information is provided to allow for self-certification. Applicants are required to create complex passwords in accordance with DOT's password requirements. --------------------------------------------------------------------------- \11\ This column describes the chemical composition weight limits per tube and whether reports are permitted. --------------------------------------------------------------------------- Then, the applicant must provide specific information about a device and certify the construction, chemical composition, and packaging are in accordance with the HMR. This step requires the applicant to respond to the following questions: What is the name and/or product code of the device? (Must be unique.) What is the category of the ground device? (There will be a drop down menu with the 17 authorized ground devices.) What is the maximum weight in grams of chemical composition in the device? Does the device contain a report? (List how many reports.) What is the maximum weight in milligrams of any single report in the device? What is the total report weight in milligrams in the device? Did the device pass a thermal stability test? Does the device comply with the Permitted and Restricted Chemicals Table found in the APA Standard 87-1A, Appendix 1, currently incorporated by reference in Sec. 173.64? Does the device use a safety fuse for ignition? Does the device meet one of the descriptions listed in Sec. 173.64? Do you certify the device will be manufactured and transported in accordance with all the statements you attested to above? Finally, the chemical composition and diagram of the ground device must be entered into and uploaded to the PHMSA portal. A certificate will be issued for each device following the successful completion of the process. The certificate will contain the unique alphanumeric certification number described above. Novelty Devices Similarly, PHMSA proposes that novelty devices (i.e., novelties) certified using the PHMSA portal as conforming to the construction, formulation, and packaging requirements in revised Sec. 173.64 will be authorized for transport and not subject to further regulation except for air transport. Although these novelty devices are considered Division
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