{"operation":"document","citation":"91 FR 32889","title":"Hazardous Materials: Streamlining Requirements for the Approval of Certain Energetic Materials","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2026-06-02","effective_on":"2026-07-02","summary":"PHMSA is amending the Hazardous Materials Regulations (HMR) by streamlining the classification and approval process for transporting certain low-hazard fireworks, revising the criteria for small arms cartridges to include tracer ammunition as eligible for self- classification, designating the PHMSA portal as the sole method to submit applications for all explosives approvals, and authorizing voluntary termination of an explosive approval by the approval holder.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2026-10962.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2026-10962.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2026-10962","source_url":"https://www.federalregister.gov/documents/2026/06/02/2026-10962/hazardous-materials-streamlining-requirements-for-the-approval-of-certain-energetic-materials","body":"Federal Register, Volume 91 Issue 105 (Tuesday, June 2, 2026) [Federal Register Volume 91, Number 105 (Tuesday, June 2, 2026)] [Rules and Regulations] [Pages 32889-32906] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2026-10962] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) by streamlining the classification and approval process for transporting certain low-hazard fireworks, revising the criteria for small arms cartridges to include tracer ammunition as eligible for self- classification, designating the PHMSA portal as the sole method to submit applications for all explosives approvals, and authorizing voluntary termination of an explosive approval by the approval holder. DATES: Effective Date: This final rule is effective on July 2, 2026. The [[Page 32890]] incorporation by reference of certain material listed in this rule was approved by the Director of the Federal Register as of December 28, 2020. Voluntary Compliance Date: June 2, 2026. Delayed Compliance Date: August 31, 2026. FOR FURTHER INFORMATION CONTACT: Mr. Eugenio Cardez, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, 202-366-8553, [email protected] . SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary II. Incorporation by Reference Discussion Under 1 CFR Part 51 III. Background A. Low Hazard Fireworks B. Tracer Ammunition C. Process for Submitting Approval Applications D. Voluntary Termination of Existing Approvals IV. Public Comments V. Discussion of Amendments and Applicable Comments A. Establishing Exceptions for Ground and Novelty Device Fireworks B. Authorizing the Self-Classification of Ammunition With Tracer Projectiles C. Process for Submitting Approval Applications D. Voluntary Termination of Approvals VI. Section-by-Section Review of Amendments VII. Regulatory Analyses and Notices A. Legal Authority B. Executive Order 12866; Regulatory Planning and Review C. Executive Order 14192 and 14219 D. Energy-Related Executive Orders 13211, 14154, and 14156 E. Executive Order 13132; Federalism F. Executive Order 13175 G. Regulatory Flexibility Act H. Paperwork Reduction Act I. Unfunded Mandates Reform Act of 1995 J. National Environmental Policy Act K. Privacy Act Statement L. Executive Order 13609 and International Trade Analysis M. Severability N. Cybersecurity and Executive Order 14082 I. Executive Summary PHMSA is adopting, with some modification based on comments received, the amendments proposed in the HM-257A notice of proposed rulemaking (NPRM), titled Hazardous Materials: Streamlining Requirements for the Approval of Certain Energetic Materials.\\1\\ This final rule: --------------------------------------------------------------------------- \\1\\ 88 FR 83514 (Nov. 30, 2023). --------------------------------------------------------------------------- Streamlines the classification and approval process for transporting certain low-hazard fireworks by allowing self- certification using an online application in the PHMSA portal; Ensures exception from regulation of low hazard fireworks commonly known as novelty devices by adopting guidance criteria into the HMR; Revises the classification criteria for small arms cartridges to include tracer ammunition as eligible for self- classification as a Division 1.4S material; Designates the PHMSA portal as the sole method to submit applications for all explosives approvals; and Authorizes an approval holder to terminate an explosive approval voluntarily. PHMSA expects the final rule will generate aggregate cost savings by reducing unnecessary burdens on the classification process for the transportation of explosives--such as low hazard fireworks--and providing additional flexibility for stakeholders while maintaining current levels of safety.\\2\\ The amendments in the final rule will also reduce unnecessary regulatory burdens constraining innovation and commerce consistent with Executive Order (E.O.) 14192 (Unleashing Prosperity Through Deregulation). --------------------------------------------------------------------------- \\2\\ 49 CFR parts 171-180. --------------------------------------------------------------------------- PHMSA expects the final rule will result in net cost savings of $2.2 million (2024 dollars) over a 10-year analysis period, or approximately $200,000 annually. PHMSA also estimates that 846 labor hours will be saved annually from time that would have been spent processing fireworks approvals, resulting in an annual budget savings of $85,341 to the government--significantly increasing government efficiency and making government resources available for other higher priority tasks. The final rule will streamline the approval process, improve regulatory clarity, and facilitate international trade without adversely affecting safety. PHMSA has developed a detailed economic analysis in the final regulatory impact analysis (RIA), a copy of which has been placed in the docket. II. Incorporation by Reference Discussion Under 1 CFR Part 51 PHMSA incorporates by reference into the HMR all or parts of numerous standards and specifications developed and published by standard development organizations (SDOs). 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; 15 U.S.C. 3701 et seq.) 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. The Office of Management and Budget (OMB) issued Circular A-119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, to implement section 12(d) of the NTTAA relative to the utilization of consensus technical standards by Federal agencies. This circular provides guidance for Federal agencies participating in voluntary consensus standards bodies and describes procedures for satisfying the reporting requirements in the NTTAA. 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, under the NTTAA and Circular A- 119. 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 that revised 1 CFR 51.5 to require that an agency detail in the preamble of a final rule 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.\\3\\ --------------------------------------------------------------------------- \\3\\ 79 FR 66278 (Nov. 7, 2014). --------------------------------------------------------------------------- The following American Pyrotechnics Association (APA) standards appear in the regulatory text of this final rule and have already been incorporated by reference into the HMR in 49 CFR 171.7 and approved for the locations in which they appear: (1) APA 87-1A: Standard for the Construction, Classification, Approval and Transportation of Consumer Fireworks (2018); (2) APA 87-1B: Standard for the Construction, Classification, Approval, and Transportation of Display Fireworks (2018); and (3) APA 87-1C: Standard for the Construction, Classification, Approval, and Transportation of [[Page 32891]] Entertainment Industry and Technical Pyrotechnics (2018). No changes to these standards are established in this final rule. III. Background A. Low Hazard Fireworks The final rule amends the classification and approval process for certain low hazard fireworks determined to be Division 1.4G explosives under the HMR. Section 173.50(b)(4) defines Division 1.4 explosives to consist of explosives that present a minor explosion hazard. Table 1 to Sec. 173.52 assigns a ``G'' to Division 1.4 explosives that are 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. Many fireworks are assigned to compatibility group ``G.'' These low hazard fireworks include ground and novelty device fireworks under the 2018 APA Standard 87-1A. However, novelty fireworks that comply with the requirements of the 2018 APA Standard 87-1A are regulated as hazardous materials effectively only when transported by air, and then as Division 4.1 flammable solids instead of as Class 1 explosives. Low hazard fireworks are 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 explosive articles are known to present a minimum safety risk in transportation. Manufacturing is restricted to using only chemicals from the ``Permitted and Restricted Chemical Table for Consumer Fireworks and Novelties'' found in 2018 APA Standard 87-1A and reports (i.e., the ``pop'' or ``bang'' heard from a firework) being limited to no more than 50 milligrams of report composition. Classifying low hazard fireworks as Division 1.4G fireworks is consistent with the United Nations (UN) default fireworks table (``the UN table'') and 30 years of classification experience under the APA standards. The UN table for explosives, specifically within Class 1, categorizes explosives into six divisions based on their potential effects. The six divisions range from those with a mass explosion hazard (1.1) to those with a minor explosion hazard (1.4) and include categories for projection hazards and fire hazards with varying degrees of severity. The UN table is used primarily when specific test data or competent authority classifications are unavailable, particularly for imported fireworks. For clarity, PHMSA is adding a separate term and description for ``low hazard fireworks'' to Sec. 173.59 (description of terms for explosives). The addition of this description maintains current levels of safety by ensuring proper understanding of the meaning of low hazard fireworks in the HMR for purposes of the provisions adopted in this rulemaking. 1. Ground Devices The final rule streamlines the approval or certification process to allow self-certification. Ground device fireworks are designed to produce their effects at or near ground level. The following 17 individual ground devices are considered low hazard fireworks that may be approved or certified for transportation using the new system, provided they meet HMR and APA 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 Sparklers (to include the Wire Sparkler or Dipped Stick varieties). Ground devices meeting 2018 APA Standard 87-1A are described and classified as ``UN0336, Fireworks, Division 1.4G.'' Currently, ground device classifications are either approved by PHMSA personnel or certified by a Fireworks Certification Agency (FCA) upon completion of a multi-step review of each application. The final rule allows manufacturers to self-certify using an online application in the PHMSA portal that employs an automated system for review and issuance of a certification. This automated system may be used for the ground devices identified in this final rule in lieu of the current process, which will avoid time-consuming reviews by PHMSA or FCA personnel and reduce costs to manufacturers who opt to use an FCA to certify these firework types. Manufacturers of fireworks that meet the criteria for the construction, formulation, and packaging of these ground devices-- specifically discussed in Section V of the 2018 APA Standard 87-1A-- certify compliance with specified conditions and limitations and receive a certificate with a unique identifier number (i.e., a FW number) for each firework type. The online application in the PHMSA portal provides immediate comparison of the technical information provided by the applicant against the criteria established for ground device fireworks. PHMSA will maintain oversight of the self- certification information submitted to the PHMSA portal for these low hazard firework types through a quality assurance and quality control (QA/QC) review program. Accordingly, PHMSA finds the current safety level will be maintained when using this process for self-certification of eligible ground device fireworks. PHMSA is not authorizing cake and combination ground devices to be eligible for self-certification at this time. Manufacturers can use the PHMSA portal to submit an application for these ground devices following the standard approval application process to obtain an EX number or, alternatively, use an FCA to obtain an FC number for transportation. 2. Novelty Devices The final rule adopts conditions and criteria for exceptions from regulation for novelty devices (``novelties'') consistent with past guidance and the 2018 APA Standard 87-1A. Shippers and carriers of novelties that meet the construction, formulation, and packaging criteria for these devices are not subject to regulation under the HMR beyond the conditions adopted for novelties. Though excepted from regulation in most circumstances, novelty devices meeting the conditions and criteria prescribed in the final rule are still subject to PHMSA oversight. PHMSA guidance currently allows for five novelties--when shipped domestically by ground, rail, or vessel--to be transported without being regulated as explosives when manufactured in accordance with the applicable provisions in the 2001 edition of 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-- 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 prepared for transportation by air, these novelties must be described and classified as ``UN3178, Flammable solid, inorganic, n.o.s. (novelties), 4.1'' and shipped as flammable solids under the HMR. When transported domestically by ground, rail, or vessel, a PHMSA approval or FCA certification is not required for novelties manufactured in accordance with the PHMSA guidance [[Page 32892]] document and the applicable provisions in 2018 APA Standard 87-1A. PHMSA is not aware of any systemic safety issues or safety concerns involving shipments of novelties meeting these conditions. This final rule adopts the relief provided in the PHMSA guidance by regulation to provide manufacturers of novelties with greater clarity and certainty without reducing levels while maintaining safety.\\4\\ --------------------------------------------------------------------------- \\4\\ PHMSA anticipates that publishing this final rule will necessitate withdrawing certain guidance documents. See, e.g., Pipeline and Hazardous Materials Safety Admin., Guidance and Criteria For Fireworks Novelty Devices (Mar. 19, 2015), available at https://www.phmsa.dot.gov/hazmat/energetic-materials-approvals/guidance-and-criteria-fireworks-novelty-devices . --------------------------------------------------------------------------- B. Tracer Ammunition The final rule clarifies that certain tracer ammunition is a small arms cartridge eligible for self-classification as a Division 1.4S material and excepted from the explosive application approval process, provided the applicable criteria in 49 CFR 173.56(h) are met. However, the text of an exception for small arms cartridges in a subsequent provision, Sec. 173.56(h)(3), has created uncertainty as to whether an inert projectile with a tracer can be included under that regulation. Tracer ammunition uses a small amount of pyrotechnic charge at the base or as coating of the projectile to make the trajectory of the projectile visible to the naked eye. Affected entities have expressed concern about whether tracer ammunition is considered inert under Sec. 173.56(h)(3) and qualifies for the exception in that regulation. 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 posed by the packaged cartridges in a bonfire test nor make unintentional initiation any more likely. C. Process for Submitting Approval Applications The final rule amends Sec. 107.705(a)(1) to allow the PHMSA portal to be used for submitting all approval applications and to require the use of the PHMSA portal for explosives approval applications, including to self-certify the manufacture of ground device fireworks. Persons will no longer be able to submit explosives approval applications by mail, email, or fax and must use the PHMSA portal after the final rule becomes effective. PHMSA believes that moving to an electronic-only service will increase efficiency in processing the large volume of explosives approval applications that are submitted on an annual basis. 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 V.'' D. Voluntary Termination of Existing Approvals The final rule modifies the process for the modification, suspension, and termination of approvals in Sec. 107.713. As currently prescribed in Sec. 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. The final rule amends Sec. 107.713 to add a new provision allowing approval holders to request termination of approvals. The final rule also revises the current requirements to clarify that when an approval holder voluntarily seeks to terminate an approval, PHMSA is not required to issue a show cause letter. IV. Public Comments PHMSA issued an NPRM under Docket No. PHMSA 2020-0103 (HM-257A).\\5\\ The comment period for the NPRM closed February 28, 2024. PHMSA received seven sets of comments from the following: --------------------------------------------------------------------------- \\5\\ 88 FR 83514 (Nov. 30, 2023). ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- American Fireworks Standards Laboratory (AFSL).............................. PHMSA-2020-0103-0006 American Promotional Events, Inc. (``TNT Fireworks'')....................... PHMSA-2020-0103-0009 American Pyrotechnics Association (APA)..................................... PHMSA-2020-0103-0007 Anonymous................................................................... PHMSA-2020-0103-0005 P.R. China.................................................................. PHMSA-2020-0103-0004 Sporting Arms and Ammunition Manufacturers' Institute (SAAMI)............... PHMSA-2020-0103-0003 United Pyrotechnics (UP).................................................... PHMSA-2020-0103-0008 ---------------------------------------------------------------------------------------------------------------- All comments are generally supportive of PHMSA's efforts under this rulemaking--especially self-certification of ``low hazard fireworks'' and streamlining of the approval process overall. The comments submitted to this docket may be accessed via the docket file numbers listed in the above table at https://www.regulations.gov . PHMSA developed this final rule in consideration of the comments received to the public docket. Within the seven sets of positive comments, PHMSA did receive several outside the scope of this rulemaking. Specifically, PHMSA received comments from SAAMI recommending the following revisions to the HMR to improve efficiency: Establish a de minimis threshold for minute amounts of explosives in either very small per-unit quantities or percentages in dilutions. Review testing requirements for high hazard explosives in Division 1.1 by relying only on sensitivity and thermal stability testing to ensure that an explosive is safe to transport. Specify a high, medium, and low hazard explosives groups scheme. Use a management approach to Division 1.4S explosives. Standardize the approach to Class 9 energetics, consistent with proposals and the United Nations. Consider more fully relying on the recommendations from PHMSA-approved explosive laboratories. PHMSA appreciates SAAMI's feedback on areas for increasing efficiency in the safe transportation of explosives. Though relevant to the discussion of the approach to classifying and transporting explosives, PHMSA did not propose these changes in the NPRM and is therefore declining to pursue them at this time. However, PHMSA invites SAAMI and its member companies to submit petitions for rulemaking that include economic and safety information in support of such changes. PHMSA also will consider these suggestions as part of its efforts to improve government efficiency. PHMSA also received comment from the AFSL--an independent, not-for- profit standards development and testing organization serving the consumer fireworks industry. AFSL sets design, construction, and product [[Page 32893]] performance standards for all current categories of consumer fireworks and novelties. AFSL recommended that PHMSA audit all products requiring EX or FC numbers to ensure manufacture of the product is consistent with the information provided to PHMSA. AFSL believes that consumer fireworks devices which differ materially from information submitted and approved in the application process are being imported into the U.S. and creating a risk to the American public. PHMSA acknowledges the AFSL's concerns about product quality and agency oversight. Though beyond the scope of this rulemaking, PHMSA will take AFSL's recommendation into consideration for development of a plan and allocation of enforcement resources to inspect consumer fireworks products. V. Discussion of Amendments and Applicable Comments The final rule amends certain regulations in the HMR for explosives approvals to streamline procedural requirements for fireworks manufacturers and shippers. PHMSA will continue to use the current approval process for Division 1.4G consumer fireworks in accordance with Sec. 173.56(b), (f), or (i), and Sec. 173.65. However, the final rule allows manufacturers to self-certify the classification of certain ground device fireworks using the PHMSA portal and creates a conditional exception from further regulation under the HMR for novelties. Furthermore, the final rule revises the self-classification of inert projectile cartridges in Sec. 173.56(h) to include explicitly tracer ammunition; amends Sec. 107.705 to mandate the use of the PHMSA portal for explosives approval applications; and amends Sec. 107.713 to clarify that an approval holder may voluntarily terminate an approval and to clarify that a show cause letter from PHMSA is unnecessary in these circumstances. Note that the ability to terminate an approval voluntarily is not limited to holders of explosives approvals and applies to all approval holders. In the final RIA, PHMSA determined that the aggregate benefits of the amendments in the final rule justify their aggregate costs. The amendments are expected to reduce the paperwork burden on the regulated community and PHMSA personnel by eliminating paper-based explosives approval applications. The overall net benefits include a cost savings of 846 labor hours annually. See the RIA for additional information. These cost savings will not have a material effect on the safety impact of PHMSA's explosives approval program. Based on an assessment of the comments received in response to the NPRM, PHMSA amends the HMR as detailed in this section. A. Establishing Exceptions for Ground and Novelty Device Fireworks The final rule revises Sec. 173.64--Exceptions for Division 1.3 and 1.4 Fireworks--to codify exceptions for ground devices and novelties. Specifically, for these low hazard fireworks, the final rule allows an exception from the standard explosive device approval process for the classification into Division 1.4G. This exception is implemented by establishing an automated system within the PHMSA portal that allows for self-certification. This automated system, which may be used for the ground devices identified in this rulemaking, reviews the information provided by the applicant, which is the same as currently required under the HMR, and issues a certificate with a unique identifier (i.e., an FW number). PHMSA personnel will no longer need to conduct a time-consuming review of each application under the automated system. This includes firsthand review of the diagram of the firework device and its chemical formulation sheets since compliance is certified by the applicant. Adopting the automated system is consistent with the directive in E.O. 12866 to implement alternatives to direct regulation and will not have any adverse impacts on public health and safety or the environment.\\6\\ --------------------------------------------------------------------------- \\6\\ 58 FR 51735 (Oct. 4, 1993). --------------------------------------------------------------------------- Currently, the HMR requires explosives--such as fireworks--to be examined, classed, and approved by PHMSA. Certain fireworks may also be certified for transportation by a DOT-approved FCA instead. Streamlining the process to authorize transportation of low-hazard fireworks through self-certification will introduce efficiencies and maintain transportation safety under the HMR. Though the NPRM proposed to include novelties in the self- certification process, PHMSA is not adopting that proposal in the final rule. Novelties historically have not been subject to a PHMSA ``approval process,'' and PHMSA has no information indicating that this practice presents a safety risk. In addition, commenters raised concerns in response to the NPRM that self-certification would impose a new regulatory burden on manufacturers of novelties. For these reasons, PHMSA is codifying the conditions and criteria found in the PHMSA guidance and 2018 APA Standard 87-1A to provide an exception from further regulation for seven novelties. Manufacturers need only comply with conditions and criteria in Sec. 173.59 to claim the exception, as opposed to also certifying compliance using the PHMSA portal. Finally, a new definition for ``low hazard firework'' is added to Sec. 173.59 consistent with the other changes adopted in the final rule. PHMSA received a comment from SAAMI stating that the phrase ``low explosive hazard,'' as proposed in the new definition of ``low hazard fireworks'' in Sec. 173.59, has distinct meaning and should not be generally conflated with ``low hazard fireworks.'' SAAMI understands that ``low hazard fireworks'' include medium explosive hazards, which PHMSA also classifies as Division 1.4 explosive hazards, and suggests that PHMSA use the term ``Division 1.4'' instead of ``low explosive hazard'' in the definition of ``low hazard fireworks.'' Division 1.4 includes both Division 1.4G and 1.4S, which SAAMI views as both medium and low explosive hazards encompassed by the term ``low hazard fireworks.'' PHMSA agrees that using the phrase ``low explosive hazard'' in the definition of ``low hazard fireworks'' may be confusing. Accordingly, the final rule refers generally to a Division 1.4 material in the new definition. SAAMI also states that the fireworks industry uses the phrase ``low hazard fireworks'' for products classified as Division 1.4G, which SAAMI views as a medium explosive hazard, while some of these fireworks likely do have a Division 1.4S low explosive hazard. SAAMI states that the assignment of ``low hazard fireworks'' (as a Division 1.4G) may be a conservative approach in some cases, and that PHMSA may want to clarify that performance testing to obtain a Division 1.4S classification remains an alternative option. SAAMI specifically suggests that PHMSA should point out the availability of the option to continue using procedures provided in Sec. 173.56 to obtain a Division 1.4S classification in the newly revised Sec. 173.64(b). PHMSA agrees. The final rule revises Sec. 173.64(b) to include additional language that low hazard consumer fireworks may still be classified as specified in Sec. 173.56. This revision adds value by clarifying flexibilities offered in the HMR for manufacturers of fireworks devices while maintaining safe transportation of explosives material. 1. Ground Devices Ground device fireworks certified using the PHMSA portal as conforming to the construction, formulation, and [[Page 32894]] packaging requirements in Sec. 173.64 are authorized for transport as ``UN0336, Fireworks, 1.4G.'' Seventeen ground devices are 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 Sparklers (Wire Sparkler or Dipped Stick). Cake and combination devices are excluded from eligibility for certification using this automated system. The final rule specifies the criteria for manufacturing (construction and formulation) and packaging of these ground devices. They are subject to both general and specific requirements as presented below in the table of Criteria for Ground Devices. General requirements for ground devices are as follows: Devices must use chemicals in conformance with the ``Permitted and Restricted Chemicals for Consumer Fireworks and Novelties'' table in APA Standard 87-1A, incorporated by reference in Sec. 173.64. 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 (i.e., 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 identifier number (``FW number'') consisting of the letters FW, followed by 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: Criteria for Ground Devices ---------------------------------------------------------------------------------------------------------------- Special Device Definition Specification \\7\\ 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 ball that contains chemical composition, cannot exceed 72 small granules of with no reports grams of chemical composition permitted. composition. that upon ignition produce sparks and/or a crackling effect. Crackling Strip............................ Consists of small 20 total grams of Inner packaging granules of chemical chemical composition, cannot exceed 72 composition adhered to with no reports grams of and encased in a paper permitted. composition. 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 contains small chemical composition, cannot exceed 72 granules of chemical with no reports grams of composition that upon permitted. composition. ignition produce sparks and/or a crackling effect. Firecracker................................ Consists of a small 50 milligrams of Multiple paper-wrapped or chemical composition firecrackers can cardboard tube that per firecracker. be fused produces a single together to form report. a string There is no limit on number of firecrackers in a string. Flasher/Strobe............................. Consists of a paper- Five total grams of Inner packaging wrapped or cardboard chemical composition, cannot exceed 60 tube that produces a with no reports grams of crackling/flashing/ permitted. composition. strobe 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 four 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 upon ignition emits a with reports permitted. fused together shower of colored to form a sparks that vents out string. Strings of an orifice, causing are limited to the device to spin 20 grams of rapidly on the ground. total composition. 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 32895]] Smoke...................................... Consists of a paper or 100 total grams of Multiple smoke cardboard tube that chemical composition. devices can be upon ignition, emits All mixtures fused together smoke as the primary containing a chlorate to form a effect. must contain an equal string. Strings amount or greater are limited to amount of a carbonate 100 grams of or bicarbonate. total composition. Snake...................................... Consists of pressed 20 total grams of None. pellet of pyrotechnic chemical composition, composition that upon with no reports. Only ignition, produces a 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 cardboard tube(s), eg, chemical composition, contain more in the shape of an with reports permitted. than 2 grams of animal or a small composition; vehicle, that produces tubes cannot multiple effects. contain aerial components or internal 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 wire or wood dowel chemical composition, cannot exceed coated with a chemical with no reports 120 grams of composition Upon permitted. composition. 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. ---------------------------------------------------------------------------------------------------------------- To receive an FW number, a manufacturer must follow a multi-step process. First, the applicant must register with PHMSA to create an account (if not already an account holder within 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 for repeated access. If already registered as an account holder with the PHMSA portal, persons must ensure all necessary information is provided to allow for self-certification. --------------------------------------------------------------------------- \\7\\ This column describes the chemical composition weight limits per tube and whether reports are permitted. --------------------------------------------------------------------------- Then, the applicant must select the option for self-certification of a firework and provide specific information about a device and certify that the construction, chemical composition, and packaging are in accordance with the HM","truncated":true,"body_characters":114662}