{"operation":"document","citation":"26-0058","title":"Lynch Imports, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-06-08","effective_on":null,"summary":"26-0058 response to Lynch Imports, LLC concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0058.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0058.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0058","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-06/26-0058.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJune 8, 2026\nMs. Elizabeth Lynch\nLynch Imports, LLC\n11628 State Road 46\nSunman, IN 47041\nReference No. 26-0058\nDear Ms. Lynch:\nThis letter is in response to your May 8, 2026 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of fireworks.\nSpecifically, you seek clarification on behalf of your retail customers who purchase Division 1.3G\nand 1.4G fireworks. You state that your customers purchase fireworks for personal use, receive no\ncompensation for their shows, and do not operate in commerce. You note that these customers\noccasionally encounter local officials who believe that HMR requirements, such as placarding,\napply to your customers’ personal vehicles. You ask if the above scenario is subject to the HMR.\nNo. As provided by § 171.1(d)(6), the transportation of a hazardous material, including Division\n1.3G and 1.4G display fireworks, by an individual for non-commercial purposes in a private motor\nvehicle, including a leased or rented motor vehicle, is not subject to the requirements of the HMR,\nsuch as placarding. Please note that any trade or transportation within the United States, including\nnon-profit operations, is considered commercial. See PHMSA Office of the Chief Counsel Letter\nof Interpretation1. In addition, note that even though not subject to the HMR, the purchase,\nmovement, possession, and storage of fireworks by persons not operating in commerce may still be\nsubject to other federal, state, or local restrictions.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nArthur Pollack\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n1 Paragon Astronautics, Letter of Interpretation CHI-00-002, available at:\nhttps://www.phmsa.dot.gov/regulations/title49/interp/chi-00-002\n\n<<<PAGE 2>>>\n\n26-0058\nPollack\n---------- Forwarded message ---------\nFrom: Lynch Imports <sales@lynchimportsllc.com>\nDate: Fri, May 8, 2026 at 1:58ÔÇ»PM\nSubject: Letter of Interpretation Request\nTo: <infocntr@dot.gov>\nHi. My name is Elizabeth Lynch and I am a co-owner of Lynch Imports, LLC. We are a\nwholesaler of 1.3g professional and 1.4g consumer and professional products, and we have a\nnumber of customers who purchase and shoot fireworks for their own personal enjoyment. They\nare not in commerce and receive no compensation for their shows. It is not uncommon for them\nto encounter various officials who are confused about whether or not the CFR regulations apply\nto these customers. For example, one of our customers spoke to an Ohio fire marshall recently\nwho insisted that he had to placard his fireworks even though he was not in commerce.┬á We\nrecently had a PHMSA inspection and discussed these issues with the inspector, who\nrecommended that we email you and make a formal request for a letter of interpretation of the\nquestion:\n\"If I am not in commerce and I am picking up fireworks for personal use, am I subject to 49\nCFR?\"\nWe would like to provide this letter to our customers if/when they run into issues or\nconfusion.┬á\nOur mailing address is:\nLynch Imports, LLC\n11628 State Road 46\nSunman, IN 47041\nOur office phone number is: (812)623-0099\nThank you.\nElizabeth","truncated":false,"body_characters":3413}