Proposed Rule2025-12082
Hazardous Materials: Allowing Fireworks Certification Agencies (FCAs) To Approve Professional Fireworks
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
This NPRM proposes to expand the Fireworks Certification Agency's (FCA) authority to approve fireworks constructed to the APA 87-1A standard to include those fireworks constructed to the APA 87-1B and APA 87-1C standards. PHMSA is also proposing to revise its procedural regulations to facilitate new FCA authorizations. These proposed actions are intended to streamline PHMSA's fireworks approval process and provide the industry with regulatory flexibility.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28534-28540]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12082]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, and 173
[Docket No. PHMSA-2025-0105 (HM-268Q)]
RIN 2137-AG19
Hazardous Materials: Allowing Fireworks Certification Agencies
(FCAs) To Approve Professional Fireworks
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This NPRM proposes to expand the Fireworks Certification
Agency's (FCA) authority to approve fireworks constructed to the APA
87-1A standard to include those fireworks constructed to the APA 87-1B
and APA 87-1C standards. PHMSA is also proposing to revise its
procedural regulations to facilitate new FCA authorizations. These
proposed actions are intended to streamline PHMSA's fireworks approval
process and provide the industry with regulatory flexibility.
DATES: Comments must be received on or before September 2, 2025.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0105 using any of the following methods:
E-Gov Web: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This site allows the public
to enter comments on any Federal Register notice issued by any agency.
Follow the online instructions for submitting comments.
Mail: Docket Management System: U.S. Department of Transportation,
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery: U.S. DOT Docket Management System: West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: Please include the docket number PHMSA-2025-0105 at
the beginning of your comments. If you submit your comments by mail,
submit two copies. If you wish to receive confirmation that PHMSA
received your comments, include a self-addressed stamped postcard.
Internet users may submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Note: Comments are posted without changes or edits to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information provided.
There is a privacy statement published on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="https://www.dot.gov/privacy">https://www.dot.gov/privacy</a>.
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. It is important that you clearly designate the
comments submitted as CBI if: your comments responsive to this document
contain commercial or financial information that is customarily treated
as private; you actually treat such information as private; and your
comment is relevant or responsive to this notice. You may ask PHMSA to
provide confidential treatment to information you give to the agency by
taking the following steps: (1) mark each page of the original document
submission containing CBI as ``Confidential''; (2) send PHMSA, along
with the original document, a second copy of the original document with
the CBI deleted; and (3) explain why the information that you are
submitting is CBI. Submissions containing CBI should be sent to T.
Glenn Foster, Standards and Rulemaking Division, Pipeline and Hazardous
Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey
Avenue SE,
[[Page 28535]]
Washington, DC 20590-0001, or by email at <a href="/cdn-cgi/l/email-protection#f0979c959e9ede969f83849582b0949f84de979f86"><span class="__cf_email__" data-cfemail="650209000b0b4b030a1611001725010a114b020a13">[email protected]</span></a>. Any
materials PHMSA receives that is not specifically designated as CBI
will be placed in the public docket.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for accessing the docket. Alternatively, you may review
the documents in person at the street address listed above.
FOR FURTHER INFORMATION CONTACT: T. Glenn Foster, Chief, Regulatory
Review and Reinvention Branch, Standards and Rulemaking Division, 1200
New Jersey Avenue SE, Washington, DC 20590, or by email at
<a href="/cdn-cgi/l/email-protection#c2a5aea7acaceca4adb1b6a7b082a6adb6eca5adb4"><span class="__cf_email__" data-cfemail="395e555c5757175f564a4d5c4b795d564d175e564f">[email protected]</span></a>.
I. General Discussion
The pyrotechnic industry relies on a global logistics supply chain
comprised of primarily foreign fireworks manufacturers and domestic
importers, retailers, distributors, and consumers. The Hazardous
Materials Regulations (HMR) require that prior to being transported
into, out of, and throughout the United States, all explosives are
classed, approved, and issued a DOT classification approval number
(i.e., EX number) by PHMSA, or--for consumer fireworks only--a DOT-
approved Fireworks Certification Agency (FCA) Certification number
(i.e., FC number). The EX number or FC number is a unique identifier
indicating that a firework device has been classed and approved for
transportation into, out of, and throughout the United States. The FCAs
are currently only authorized to issue FC numbers for consumer
fireworks under American Pyrotechnics Association's (APA) 87-1A
standard.
In this NPRM, PHMSA is proposing to expand this authorization
beyond consumer fireworks designed and manufactured in accordance with
the APA 87-1A standard. Under this proposal, PHMSA and the FCAs would
continue to apply the same standard in reviewing the design and
materials of the fireworks under the APA 87-1 standard, which is
divided into three components--APA 87-1A (Standard for the
Construction, Classification, Approval, and Transportation of Consumer
Fireworks), APA 87-1B (Standard for Construction, Classification,
Approval, and Transportation of Display Fireworks), and APA 87-1C
(Standard for the Construction, Classification, Approval, and
Transportation of Entertainment Industry and Technical (EI&T)
Pyrotechnics).\1\ PHMSA is proposing to allow FCAs to certify
compliance for each of the three components, rather than just for
consumer fireworks (see APA 87-1A). This revision would allow fireworks
manufacturers the flexibility to choose between paying FCAs for
expedited review and certification, or relying on PHMSA's free, but
sometimes longer, approval process.
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\1\ These standards are currently incorporated by reference in
Sec. 171.7 of the HMR.
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PHMSA is also proposing to revise procedural regulations pertaining
to new FCA authorizations. These proposed actions would help to
streamline PHMSA's fireworks approval process and provide the regulated
community with flexibility in seeking authorization for the
transportation of display and technical pyrotechnics. To accommodate
the expansion of fireworks approvals under all three parts of the APA
87-1 standard, PHMSA is proposing edits to Parts 107, 171, 172, and
173. In Part 107, PHMSA is proposing to revise Sec. 107.402 to
reference all three parts of APA 87-1. In Part 171, PHMSA is proposing
to revise the definition for ``FC number.'' In Part 172, PHMSA is
proposing to add a new Special Provision 200 to state that fireworks
may be certified for transportation by a DOT-approved fireworks
certification agency in accordance with the provisions of Sec. 173.65.
PHMSA is also proposing to revise three entries in the Sec. 172.101
Hazardous Material Table (HMT) to reference the revised Special
Provision 200 and proposing a conforming amendment to Sec. 172.320
``Explosive hazardous materials.'' Finally, in Part 173, PHMSA is
proposing to revise Sec. 173.64 ``Exceptions for Division 1.3 and 1.4
fireworks'' to reference provisions applicable to FCA's and revise
Sec. 173.65 ``Exceptions for Division 1.4G consumer fireworks'' to
retitle ``Exceptions for Division 1.3G or 1.4G fireworks certification
by a Fireworks Certification Agency'' and facilitate the approval of
professional fireworks by FCAs. PHMSA does not expect the proposed
revisions to have any adverse impact on safety.
II. Regulatory Analysis and Notices
A. Legal Authority
This proposed rule is published under the authority of the
Secretary of Transportation set forth in the Federal Hazardous
Materials Transportation Laws (49 U.S.C. 5101 et seq.) and delegated to
the PHMSA Administrator pursuant to 49 CFR 1.97.
B. Executive Orders 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 (``Regulatory Planning and
Review''),\2\ as implemented by DOT Order 2100.6B (``Policies and
Procedures for Rulemaking''), requires agencies to regulate in the
``most cost-effective manner,'' to make a ``reasoned determination that
the benefits of the intended regulation justify its costs,'' and to
develop regulations that ``impose the least burden on society.'' DOT
Order 2100.6B specifies that regulations should generally ``not be
issued unless their benefits are expected to exceed their costs.'' In
arriving at those conclusions, E.O. 12866 requires that agencies should
consider ``both quantifiable measures . . . and qualitative measures of
costs and benefits that are difficult to quantify'' and ``maximize net
benefits . . . unless a statute requires another regulatory approach.''
E.O. 12866 also requires that ``agencies should assess all costs and
benefits of available regulatory alternatives, including the
alternative of not regulating.'' DOT Order 2100.6B directs that PHMSA
and other Operating Administrations must generally choose the ``least
costly regulatory alternative that achieves the relevant objectives''
unless required by law or compelling safety need.
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\2\ 58 FR 51735 (Oct. 4, 1993).
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E.O. 12866 and DOT Order 2100.6B also require that PHMSA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This
proposed rule is a not significant regulatory action pursuant to E.O.
12866; it also has not designated this rule as a ``major rule'' as
defined by the Congressional Review Act (5 U.S.C. 801 et seq.).
PHMSA has complied with E.O. 12866 as implemented by DOT Order
2100.6B and made a preliminarily determination that this proposed rule
would result in cost savings by providing industry with more options
for the expedited processing of display and technical fireworks. PHMSA
expects those cost savings would also result in reduced costs for the
public to whom those entities generally transfer a portion of their
compliance costs.
C. Executive Orders 14192 and 14219
This proposed rule, if finalized as proposed, is expected to be an
E.O. 14192 deregulatory action.\3\ PHMSA
[[Page 28536]]
seeks data that would be helpful to generate an estimate of the cost
savings from this rule. PHMSA's initial estimates are that the total
costs of the rule on the regulated community would be less than zero.
Nor does this proposed rule does implicate any of the factors
identified in section 2(a) of E.O. 14219 indicative of a regulation
that is ``unlawful . . . [or] that undermine[s] the national
interest.'' \4\
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\3\ 90 FR 9065 (Jan. 31, 2025).
\4\ 90 FR 10583 (Feb. 19, 2025).
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D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156 (``Declaring a National
Energy Emergency'') \5\ a national emergency to address the United
States's inadequate energy development production, transportation,
refining, and generation capacity. Similarly, E.O. 14154 (``Unleashing
American Energy'') \6\ asserts a Federal policy to unleash American
energy by ensuing access to abundant supplies of reliable, affordable
energy from (inter alia) the removal of ``undue burden[s]'' on the
identification, development, or use of domestic energy resources such
as PHMSA-jurisdictional firework manufacturers and FCAs. PHMSA
preliminarily finds this proposed rule is consistent with each of E.O.
14156 and E.O. 14154 because it imposes no new burdens on the
transportation of energy or energy-related products.
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\5\ 90 FR 8353 (Jan. 29, 2025).
\6\ 90 FR 8353 (Jan. 29, 2025).
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This proposed rule is not a ``significant energy action'' under
E.O. 13211 (``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use''),\7\ which requires Federal
agencies to prepare a Statement of Energy Effects for any ``significant
energy action.'' Because this proposed rule is not a significant action
under E.O. 12866, it would not have a significant adverse effect on
supply, distribution, or energy use, as further discussed in the RIA;
OIRA has therefore not designated this proposed rule as a significant
energy action.
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\7\ 66 FR 28355 (May 22, 2001).
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E. Executive Order 13132: Federalism
PHMSA analyzed this proposed rule in accordance with the principles
and criteria contained in E.O. 13132 (``Federalism'') \8\ and the
Presidential Memorandum (``Preemption'') published in the Federal
Register on May 22, 2009.\9\ E.O. 13132 requires agencies to assure
meaningful and timely input by State and local officials in the
development of regulatory policies that may have ``substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' The Federal
Hazardous Materials Transportation Laws contain an express preemption
provision at 49 U.S.C. 5125(b) that preempts state, local, and tribal
requirements on certain covered subjects, unless the non-federal
requirements are ``substantively the same'' as the federal
requirements, including the following:
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\8\ 64 FR 43255 (Aug. 10, 1999).
\9\ 74 FR 24693 (May 22, 2009).
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(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This proposed rule addresses covered subject items paragraph (1)
above and would preempt state, local, and Tribal requirements not
meeting the ``substantively the same'' standard. While the proposed
rule may (when finalized) operate to preempt some State requirements,
it would not impose any regulation that has substantial direct effects
on the States, the relationship between the National Government and the
States, or the distribution of power and responsibilities among the
various levels of government. The preemptive effect of the regulatory
amendments in this proposed rule is limited to the minimum level
necessary to achieve the objectives of the Federal Hazardous Materials
Transportation Laws. Therefore, the consultation and funding
requirements of E.O. 13132 do not apply.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to conduct an Initial Regulatory Flexibility Analysis
(IRFA) for a proposed rule subject to notice-and-comment rulemaking
under the APA unless the agency head certifies that the proposed rule
in the rulemaking would not have a significant economic impact on a
substantial number of small entities. E.O. 13272 (``Proper
Consideration of Small Entities in Agency Rulemaking'') \10\ obliges
agencies to establish procedures promoting compliance with the
Regulatory Flexibility Act. DOT posts its implementing guidance on a
dedicated web page.\11\ This proposed rule was developed in accordance
with E.O. 13272 and DOT implementing guidance to ensure compliance with
the Regulatory Flexibility Act. The proposed rule is expected to reduce
burdens. Therefore, PHMSA certifies the proposed rule does not have a
significant impact on a substantial number of small entities.
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\10\ 67 FR 53461 (Aug. 16, 2002).
\11\ DOT, ``Rulemaking Requirements Related to Small Entities,''
<a href="https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities">https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities</a> (last accessed Sept 3, 2024).
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G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of Federal regulatory actions
on State, local, and Tribal governments, and the private sector. For
any proposed or final rule that includes a Federal mandate that may
result in the expenditure by state, local, and Tribal governments, in
the aggregate of $100 million or more (in 1996 dollars) in any given
year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the Federal mandate.
This proposed rule does not impose unfunded mandates under UMRA.
PHMSA does not expect the proposed rule would result in costs of $100
million or more (in 1996 dollars) per year for either State, local, or
Tribal governments, or to the private sector.
H. National Environmental Policy Act
The National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et
seq.) requires that Federal agencies assess and consider the impact of
major Federal actions on the human and natural environment.
PHMSA analyzed this proposed rule in accordance with NEPA and has
preliminarily determined that the rulemaking would not adversely affect
safety and therefore would not significantly affect the quality of the
human and natural environment. The public is invited to comment on the
impact of the proposed action.
[[Page 28537]]
I. Executive Order 13175
PHMSA analyzed this proposed rule according to the principles and
criteria in E.O. 13175 (``Consultation and Coordination with Indian
Tribal Governments'') \12\ and DOT Order 5301.1A (``Department of
Transportation Tribal Consultation Policies and Procedures''). E.O.
13175 requires agencies to assure meaningful and timely input from
Tribal government representatives in the development of rules that
significantly or uniquely affect Tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship or distribution of
power between the Federal government and Tribes.
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\12\ 65 FR 67249 (Nov. 9, 2000).
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PHMSA assessed the impact of the proposed rule and determined that
it would not significantly or uniquely affect Tribal communities or
Indian Tribal governments. The rulemaking's regulatory amendments have
a broad, national scope; therefore, this proposed rule would not
significantly or uniquely affect Tribal communities, much less impose
substantial compliance costs on Native American Tribal governments or
mandate Tribal action. For these reasons, PHMSA has concluded that the
funding and consultation requirements of E.O. 13175 and DOT Order
5301.1A do not apply.
J. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR 1320.8(d) requires that PHMSA provide
interested members of the public and affected agencies with an
opportunity to comment on information collection and recordkeeping
requests. This rulemaking would not create, amend, or rescind any
existing information collections.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (``Promoting International Regulatory Cooperation'')
\13\ requires agencies consider whether the impacts associated with
significant variations between domestic and international regulatory
approaches are unnecessary or may impair the ability of American
business to export and compete internationally. In meeting shared
challenges involving health, safety, labor, security, environmental,
and other issues, international regulatory cooperation can identify
approaches that are at least as protective as those that are or would
be adopted in the absence of such cooperation. International regulatory
cooperation can also reduce, eliminate, or prevent unnecessary
differences in regulatory requirements.
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\13\ 77 FR 26413 (May 4, 2012).
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Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA engages with international standards setting bodies to
protect the safety of the American public. PHMSA has assessed the
effects of the proposed rule and has determined that its regulatory
amendments would not cause unnecessary obstacles to foreign trade.
L. Cybersecurity and Executive Order 14028
E.O. 14028 (``Improving the Nation's Cybersecurity'') \14\ directed
the Federal government to improve its efforts to identify, deter, and
respond to ``persistent and increasingly sophisticated malicious cyber
campaigns.'' PHMSA has considered the effects of the proposed rule and
has determined that its regulatory amendments would not materially
affect the cybersecurity risk profile for affected entities.
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\14\ 86 FR 26633 (May 17, 2021).
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List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR
chapter I as follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5151-5128, 44701; Pub. L. 101-410 Section
4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001;
Pub. L. 114-74 Section 701 (28 U.S.C. 2461 note); 49 CFR 1.81 and
1.97; 33 U.S.C. 1321.
0
2. In Sec. 107.402, revise paragraph (d) to read as follows:
Sec. 107.402 Application for designation as a certification agency.
* * * * *
(d) Fireworks Certification Agency. Prior to reviewing, and
certifying Division 1.4G consumer fireworks (UN0336) for compliance
with the APA 87-1A standard, excluding appendices II through VI, or
Division 1.3G display fireworks (UN0335) for compliance with the 87-1B
standard, or 1.4G entertainment industry and technical pyrotechnics
(UN0101 or UN0431) for compliance with the 87-1C standard, as
appropriate (IBR, see Sec. 171.7 of this chapter) as specified in part
173 of this chapter, a person must apply to, and be approved by, the
Associate Administrator to act as a Fireworks Certification Agency.
(1) Fireworks Certification Agency applicant requirements. The
Fireworks Certification Agency applicant must--
(i) Be a U.S. resident, or for a non-U.S. resident, have a
designated U.S. agent representative as specified in Sec. 105.40 of
this subchapter;
(ii) Employ personnel with work experience in manufacturing or
testing of fireworks or explosives; or a combination of work experience
in manufacturing or testing of fireworks or explosives and a degree in
the physical sciences or engineering from an accredited university;
(iii) Have the ability to:
(A) Review design drawings, and applications to certify that they
are in accordance with the APA Standard 87-1; and
(B) Verify that the applicant has certified the thermal stability
test procedures and results.
[[Page 28538]]
(iv) Must be independent of and not owned by any consumer fireworks
manufacturer, distributor, import or export company, or proprietorship.
(2) Fireworks Certification Agency application submittal
requirements. In addition to the requirements of paragraphs (b) and
(d)(1) of this section, the Fireworks Certification Agency application
must include--
(i) Name, address, and country of each facility where Division 1.3G
or 1.4G fireworks applications are reviewed and certified;
(ii) Which component of the APA Standard 87-1, A, B or C under
which they want to be approved to certify fireworks.
(iii) A detailed description of the qualifications of each
individual the applicant proposes to employ to review, and certify that
the requirements specified by part 173 of this chapter and the APA
Standard 87-1 have been met;
(iv) Written operating procedures to be used by the Fireworks
Certification Agency to review and certify that a Division 1.3G or 1.4G
fireworks application meets the requirements specified in the APA
Standard 87-1;
(v) Name, address, and principal business activity of each person
having any direct or indirect interest in the applicant greater than
three percent and any direct or indirect ownership interest in each
subsidiary or division of the applicant; and
(vi) A statement that the applicant will perform its functions
independent of the manufacturers, transporters, importers, and owners
of the fireworks.
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
3. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 701 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
4. In Sec. 171.8, revise the definition for ``FC number'' to read as
follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
FC number means a number preceded by the prefix ``FC'', assigned by
a Fireworks Certification Agency to a firework device that has been
certified under the provisions of Sec. 173.65 of this subchapter.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
5. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96, and
1.97.
0
6. In Sec. 172.101, the Hazardous Materials Table is amended by
revising entries under ``[REVISE]'' in the appropriate alphabetical
sequence to read as follows:
Sec. 172.101 Hazardous Materials Table
[[Page 28539]]
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Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (see Sec. (10) Vessel
materials Special ------------------------------------- Sec. 173.27 and 175.75) stowage
Symbols descriptions and Hazard class Identification Nos. PG Label provisions --------------------------------------------------------
proper shipping or division codes (Sec. Exceptions Non-bulk Bulk Passenger aircraft/ Cargo air-
names 172.102) rail craft only Location Other
(1) (2)............... (3)......... (4)................. (5) (6) (7) (8A).......... (8B) (8C).... (9A)............... (9B)........... (10A) (10B)
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[REVISE]..........
.................. *........... .................... * ...... * .............. * ........ *.................. ............... * *
Articles, 1.3G........ UN0430.............. ..... 1.3G 200 None.......... 62 None.... Forbidden.......... Forbidden...... 03 25
pyrotechnic for
technical
purposes.
Articles, 1.4G........ UN0431.............. ..... 1.4G 200, 381 None.......... 62 None.... Forbidden.......... 75kg........... 02 25
pyrotechnic for
technical
purposes.
.................. *........... .................... * ...... * .............. * ........ *.................. ............... * *
Fireworks......... 1.3G........ UN0335.............. ..... 1.3G 108, 200 None.......... 62 None.... Forbidden.......... Forbidden...... 03 25
.................. *........... .................... * ...... * .............. * ........ *.................. ............... * *
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[[Page 28540]]
* * * * *
0
7. In Sec. 172.102, revise paragraph (c)(1) special provision 200 to
read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
200 Fireworks may be certified for transportation by a DOT-approved
Fireworks Certification Agency in accordance with the provisions of
Sec. 173.65 of this subchapter.
* * * * *
0
8. In Sec. 172.320, revise paragraph (b)(2) to read as follows:
Sec. 172.320 Explosive hazardous materials.
* * * * *
(b) * * *
(2) For fireworks reviewed by a Fireworks Certification Agency
approved in accordance with 49 CFR part 107 subpart E and certified in
accordance with Sec. 173.65, with the FC number assigned by a DOT-
approved Fireworks Certification Agency.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
9. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96, and
1.97.
0
10. In Sec. 173.64, revise paragraph (a) introductory text to read as
follows:
Sec. 173.64 Exceptions for Division 1.3 and 1.4 fireworks.
(a) Notwithstanding the requirements of Sec. 173.56(b), Division
1.3 and 1.4 fireworks (see Sec. 173.65 for provisions applicable to
Fireworks Certification Agencies) may be classed and approved by the
Associate Administrator without prior examination and offered for
transportation if the following conditions are met:
* * * * *
0
11. Revise Sec. 173.65 including the section name to read as follows:
Sec. 173.65 Exceptions for Division 1.3G or 1.4G fireworks
certification by a Fireworks Certification Agency.
(a) Notwithstanding the requirements of Sec. Sec. 173.56(b),
173.56(f), 173.56(i), and 173.64, Division 1.3G or 1.4G fireworks may
be offered for transportation provided the following conditions are
met:
(1) The fireworks are manufactured in accordance with the
applicable requirements in APA 87-1A, APA 87-1B, or APA 87-1C, as
appropriate (IBR, see Sec. 171.7 of this subchapter);
(2) The device must pass a thermal stability test. The test must be
performed by maintaining the device, or a representative prototype of
the device, at a temperature of 75 [deg]C (167 [deg]F) for 48
consecutive hours. When a device contains more than one component,
those components that could be in physical contact with each other in
the finished device must be placed in contact with each other during
the thermal stability test;
(3) The manufacturer of the firework applies in writing to a DOT-
approved Fireworks Certification Agency, and is notified in writing by
the DOT-approved Fireworks Certification Agency that the firework has
been:
(i) Certified that it complies with APA 87-1A, APA 87-1B, or APA
87-1C, as appropriate, and meets the requirements of this section; and
(ii) Assigned an FC number.
(4) The manufacturer's application must be complete and include:
(i) Detailed diagram of the device;
(ii) Complete list of the chemical compositions, formulations and
quantities used in the device;
(iii) Results of the thermal stability test; and
(iv) Signed certification declaring that the device for which
certification is requested conforms to the APA 87-1A, APA 87-1B, or APA
87-1C, as appropriate, that the descriptions and technical information
contained in the application are complete and accurate, and that no
duplicate applications have been submitted to PHMSA. If the application
is denied, the Fireworks Certification Agency must notify the
manufacturer in writing of the reasons for the denial. As detailed in
the DOT-approval issued to the Fireworks Certification Agency,
following the issuance of a denial from a Fireworks Certification
Agency, a manufacturer may seek reconsideration from the Fireworks
Certification Agency, or may appeal the decision of the Fireworks
Certification Agency to the PHMSA Administrator.
(b) Recordkeeping requirements. Following the certification of each
firework as permitted by paragraph (a) of this section, the
manufacturer and importer must maintain a paper record or an electronic
image of the certificate, demonstrating compliance with this section.
Each record must clearly provide the unique identifier assigned to the
firework device and the Fireworks Certification Agency that certified
the device. The record must be accessible at or through its principal
place of business and be made available, upon request, to an authorized
official of a Federal, State, or local government agency at a
reasonable time and location. Copies of certification records must be
maintained by each importer, manufacturer, or a foreign manufacturer's
U.S. agent, for five (5) years after the device is imported. The
certification record must be made available to a representative of
PHMSA upon request.
* * * * *
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12082 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P
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