Rule2026-10962
Hazardous Materials: Streamlining Requirements for the Approval of Certain Energetic Materials
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
June 2, 2026
Effective
July 2, 2026
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 105 (Tuesday, June 2, 2026)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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,
<a href="/cdn-cgi/l/email-protection#1673637173787f793875776472736c5672796238717960"><span class="__cf_email__" data-cfemail="c2a7b7a5a7acabadeca1a3b0a6a7b882a6adb6eca5adb4">[email protected]</span></a>.
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).
---------------------------------------------------------------------------
<bullet> Streamlines the classification and approval process for
transporting certain low-hazard fireworks by allowing self-
certification using an online application in the PHMSA portal;
<bullet> Ensures exception from regulation of low hazard fireworks
commonly known as novelty devices by adopting guidance criteria into
the HMR;
<bullet> Revises the classification criteria for small arms
cartridges to include tracer ammunition as eligible for self-
classification as a Division 1.4S material;
<bullet> Designates the PHMSA portal as the sole method to submit
applications for all explosives approvals; and
<bullet> 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
<a href="https://www.phmsa.dot.gov/hazmat/energetic-materials-approvals/guidance-and-criteria-fireworks-novelty-devices">https://www.phmsa.dot.gov/hazmat/energetic-materials-approvals/guidance-and-criteria-fireworks-novelty-devices</a>.
---------------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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:
<bullet> Establish a de minimis threshold for minute amounts of
explosives in either very small per-unit quantities or percentages in
dilutions.
<bullet> 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.
<bullet> Specify a high, medium, and low hazard explosives groups
scheme.
<bullet> Use a management approach to Division 1.4S explosives.
<bullet> Standardize the approach to Class 9 energetics, consistent
with proposals and the United Nations.
<bullet> 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:
<bullet> 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.
<bullet> All reports are limited to 50 mg (0.050 g) of composition
per report.
<bullet> All devices are initiated by a safety fuse with the
exception of firecrackers, flitter sparklers, nitrocellulose fountains,
snakes, wire sparklers, or dipped sticks.
<bullet> All devices must be finished (i.e., cannot be a component
intended to be used in another device).
<bullet> All devices must successfully pass a thermal stability
test as specified in Sec. 173.64(a)(2).
<bullet> 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 HMR. This step requires the applicant to respond
to the following questions:
<bullet> What is the name and/or product code of the device? (Must
be unique.)
<bullet> What is the category of the ground device? (There will be
a drop-down menu with the 17 authorized ground devices.)
<bullet> What is the maximum weight in grams of chemical
composition in the device?
<bullet> Does the device contain a report? (List how many reports.)
<bullet> What is the maximum weight in milligrams of any single
report in the device?
<bullet> What is the total report weight in milligrams in the
device?
<bullet> Did the device pass a thermal stability test?
<bullet> 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?
<bullet> Does the device use a safety fuse for ignition?
<bullet> Does the device meet one of the descriptions listed in
Sec. 173.64?
<bullet> Do you certify the device will be manufactured and
transported in accordance with all the statements you attested to
above?
A certificate will be issued for each device following the
successful completion of the process. The certificate contains the
unique alphanumeric identifier number described above.
The People's Republic of China (PRC) submitted comments requesting
that PHMSA expand the self-certification process for low hazard
fireworks to all consumer fireworks classified as Division 1.4G. PHMSA
appreciates PRC's perspective on this issue but is not prepared at this
time to expand the self-certification process to all consumer fireworks
classified as Division 1.4G.
2. Novelties
Novelties conforming to the construction, formulation, and
packaging requirements in Sec. 173.64 are authorized for transport
without further regulation except for air transport. Though considered
Division 1.4 fireworks under PHMSA's regulatory scheme, consistent with
the guidance previously discussed in this Section V.A, novelties that
meet the requirements of Sec. 173.64 are not regulated by PHMSA,
except that they must be classed, described, and packaged as ``UN3178,
Flammable solid, inorganic, n.o.s. (novelties), 4.1, PG II,'' when
transported by air. Seven novelties are eligible for this exception:
Booby Trap/Pull Apart, Novelty Flitter Sparkler, Party Popper, Novelty
Snake, Snapper, Novelty Wire Sparkler or Novelty Dipped Stick, and
Novelty Smoke Device.
Novelties must comply with both the general and specific
requirements as presented below in the table of Criteria for Novelties.
The general requirements for novelties are as follows:
<bullet> Devices that do not list specific chemical restrictions
must use chemicals in conformance with the permitted and restricted
chemical table in the APA Standard 87-1A, Appendix 1, incorporated by
reference in Sec. 173.64. Note that all chemical specifications in the
table are maximum limits.
<bullet> No reports are permitted in novelties.
<bullet> Smoke devices must be initiated by a fuse.
<bullet> Devices must be finished and packaged in the inner
packagings.
[[Page 32896]]
<bullet> All novelties must successfully pass a thermal stability
test specified in Sec. 173.64(a)(2).
The specific requirements for each of the seven novelties are as
follows:
Criteria for Novelties
----------------------------------------------------------------------------------------------------------------
Novelty Definition Specifications Special conditions
----------------------------------------------------------------------------------------------------------------
Booby Trap/Pull Apart............. Device that is actuated by 0.016 total grams of Inner packages must
means of friction Pulling chemical composition, not contain more
a string or strings apart which is limited to than 12 devices.
activates the device, barium, potassium, and/or
producing a noise effect. sodium chlorate with red
phosphorus.
Novelty Flitter Sparkler.......... Consists of a paper or Five total grams of Inner packages must
cardboard tube attached chemical composition, not contain more
to a stick or wire Upon with no reports permitted than eight devices,
ignition, the device Formulations containing and an ignition
produces a shower of chlorates are limited to fuse is permitted.
sparks, a colored flame, four grams with no more
and/or a crackling effect. than 15 percent of the
formulation being
chlorates.
Party Poppers..................... Device that is actuated by 0.016 total grams of Inner packages must
means of friction Pulling chemical composition, not contain more
a string or trigger which is limited to than 72 devices.
activates the device, barium, potassium, and/or
producing a noise effect sodium chlorate with red
and releasing paper phosphorus.
streamers or confetti
Common examples resemble
champagne bottles and toy
pistols.
Novelty Snakes and Glow-Worms..... Consists of pressed pellet Two total grams of Inner packaging must
of pyrotechnic chemical composition Only not contain more
composition that upon formulations of nitrated than 25 devices.
ignition, produce a snake- asphalt, asphaltum,
like ash that expands in bitumen, pitch, and/or
length as the composition tar with an oxidizer
is consumed. (with or without a
binder) are permitted.
Snappers.......................... Consists of small, paper- 0.001 total grams of Inner packages must
wrapped items When silver fulminate coated not contain more
dropped, the device on small bits of sand or than 50 devices
activates, producing a gravel. with sawdust or
noise effect. other impact
absorbing
materials.
Novelty Wire Sparkler or Novelty Consists of a metal wire 25 total grams of chemical Inner packages must
Dipped Stick. or wood dowel coated with composition, with no not contain more
a chemical composition reports permitted than eight devices.
Upon ignition, the device Formulations containing
produces a shower of perchlorates are limited
sparks, a colored flame, to five grams
and/or a crackling effect. Formulations containing
chlorates are limited to
four grams with no more
than 15 percent of the
formulations being
chlorates.
Novelty Smoke Device.............. Consists of an item that Five total grams of Inner packages must
upon ignition, emits chemical composition, not contain more
smoke as the only effect. with no reports permitted than 72 devices.
All mixtures containing a
chlorate must contain an
equal amount or greater
amount of a carbonate or
bicarbonate (e.g.,
calcium carbonate, sodium
bicarbonate).
----------------------------------------------------------------------------------------------------------------
Novelties must be in inner packagings that are further packed in
strong outer packagings. The packages must conform to the general
packaging requirements of Sec. 173.24. The maximum gross weight of a
completed package may not exceed 30 kilograms (66 pounds). In addition,
each outer package must be plainly marked with ``NOVELTIES, IN
CONFORMANCE WITH Sec. 173.64, NOT REGULATED, EXCEPT WHEN TRANSPORTED
BY AIR.'' If an overpack is used and the marking on packages contained
therein is not visible, the overpack must also be marked with this
marking. As stated earlier, when novelties are transported by air, they
must be classed and described as ``UN3178, Flammable solid, inorganic,
n.o.s. (novelties), 4.1, PG II,'' and packaged for air transport
accordingly.
APA submitted comments requesting that PHMSA expand the exceptions
for the seven eligible novelty devices to include fuseless smoke
devices, fireworks fuses, and pull string smoke devices that do not
require a fuse.\8\ PHMSA believes more information is needed to support
expanding the group of novelties that are eligible for the exception
beyond those proposed in the NPRM. PHMSA suggests APA provide that
supporting information in a petition for a rulemaking.
---------------------------------------------------------------------------
\8\ APA is a safety and trade association of the fireworks
industry representing manufacturers, importers, distributors,
retailers, suppliers, and professional display companies. The APA
supports and promotes safety standards for all aspects of fireworks.
---------------------------------------------------------------------------
3. Fireworks Identification Scheme
As a baseline, fireworks must be approved and assigned an
explosives approval number by PHMSA (i.e., an EX number) based on
actual testing and classification prior to transportation to, from, and
within the United States based on the requirements for a new explosive
under Sec. 173.56. However, Sec. 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 APA Standards 87-1A, 1B, and 1C, which are incorporated by
reference in Sec. 171.7. Further, Sec. 173.65 permits--in lieu of an
approval--Division 1.4G consumer fireworks (as defined in Sec. 173.59)
to be certified by a DOT-approved FCA. After the FCA reviews the
consumer fireworks application and certifies it meets the requirements,
the FCA assigns an FC number.
The final rule streamlines the process for approval or
certification of ground device fireworks by allowing self-certification
using the PHMSA portal. Manufacturers will certify compliance with
specified conditions and limitations online and receive a certificate
with a unique identifier number (i.e., an FW number) for each firework
type. The FW number will identify the ground device that has been
certified through the newly established automated system as specified
Sec. 173.64. An example of an FW number would be ``FW2023100001''
consisting of the letters FW, followed by the year and month issued,
and a sequential number based on order of issuance that year.
PHMSA requested comment on the supply chain implications, the
economic impact, and safety concerns associated with the proposed FW
numbering system, as well as comment on how to implement the changes if
they are adopted. PHMSA received comment from APA stating that
novelties have not been required to have an EX approval number since
2009. APA did not understand why PHMSA would propose to now require
manufacturers of novelties to apply (i.e., self-certify) for an ``FW''
number. APA further mentioned that requiring an
[[Page 32897]]
``FW'' number contradicts the 2018 APA Standard 87-1A, which states
that ``[a]n EX-approval or FC certification letter is not required to
ship the novelty devices, specifically those listed in the APA Standard
87-1A, into or within the United States.'' APA stated that requiring an
``FW'' number will be a burdensome task for manufacturers--requiring
manufacturers to certify novelties, and develop diagrams and technical
files, along with the tedious process of entering data in the PHMSA
portal.
PHMSA appreciates APA's concerns and is not adopting the proposal
to include novelties in the automated self-certification process. Given
the historical transport of these low hazard fireworks since issuance
of the guidance without any known or anecdotal incidents in
transportation, PHMSA believes adopting requirements for manufacturers
to certify compliance and supply information to PHMSA in the portal
imposes an undue burden without a corresponding safety benefit. Yet,
PHMSA can still provide certainty for the exception. Therefore, the
final rule only adopts the conditions and criteria for relief from
transportation regulations for novelties into the HMR. PHMSA notes that
novelties will still be regulated for transportation by air.
PHMSA also received comment from APA stating that requiring a
diagram for the self-certification of both ground devices and novelties
be uploaded with the application is a redundant action. APA stated that
these types of low hazard fireworks are well-known and well described
in the 2018 APA 87-1A; therefore, the diagrams are not necessary.
Though PHMSA generally agrees with APA's statement, a diagram of the
device aids in determining compliance by providing useful information
on the category of the device and quantity of pyrotechnic in the
device. PHMSA's experience has generally shown that some applicants
have submitted diagrams for categories of devices that are outside the
scope of the approval. In lieu of the proposal to include diagram(s)
for ground devices with the information submitted to self-certify the
fireworks device, the final rule requires applicants to maintain a
record demonstrating compliance, which may include information such as
a drawing of the device. The record must be accessible at or through
the principal place of business for five years after the device is
manufactured and must be made available, upon request.
APA also stated its understanding is that PHMSA currently has a
quality assurance (QA) process for reviewing applications certified by
FCAs. APA urges PHMSA to have a ``similar and consistent process'' for
the low hazard fireworks subject to the automated system. Without such
a process, APA does not support the proposal for self-certification of
select ground devices. PHMSA provides assurances to APA and the public
that we have a quality assurance and quality control (QA/QC) process to
monitor low hazard fireworks self-certifications modeled after QA/QC
process we have for the FCA program.
PHMSA also received comment in the form of several questions from
American Promotional Events, Inc., and its subsidiaries (collectively
known as TNT Fireworks)--an importer, distributor, and transporter of
consumer fireworks and novelties in the U.S. TNT Fireworks requested
clarification of the self-certification process for low hazard
fireworks. PHMSA has paraphrased TNT Fireworks' questions and provided
responses as follows:
<bullet> Can a U.S. designated agent certify an application for an
FW Number on behalf of a non-U.S. manufacturer?
[cir] A U.S. designated agent may submit the application on behalf
of a non-U.S. manufacturer, but the application must be certified by
the non-U.S. manufacturer. See Federal Register Notice 10-9 \9\--
Clarification of the Fireworks Approvals Policy. As noted at 76 FR
38056, ``[w]hile firework classification approvals will only be issued
to fireworks manufacturers, PHMSA will accept fireworks approval
applications from the manufacturer's U.S. designated agent on behalf of
the manufacturer, as well as the manufacturer itself'' and further at
76 FR 38057, ``[i]t is the responsibility of the manufacturer to sign
the application and certify that the device conforms.'' Similarly, for
self-certification of low hazard fireworks, U.S. agents may submit the
application information on behalf of a non-U.S. manufacturer, but the
manufacturer is required to certify. The automated system allows for a
U.S. agent to submit an application and for the manufacturer to follow
up on that same application to certify the firework.
---------------------------------------------------------------------------
\9\ 76 FR 38053 (Jun. 29, 2011).
---------------------------------------------------------------------------
<bullet> What is the expected turnaround time for the issuance of
an FW number upon the submission of an application? Would the FW number
be issued automatically upon self-certification of a firework?
[cir] As previously stated in the final rule, the self-
certification process is an automated system. Manufacturers of
information submitted for ground devices that meet the required
criteria for the construction, formulation, and packaging immediately
receive a certificate with the unique FW identifier number for each
firework device. The expectation is that this process can take as
little as five minutes from start to finish, especially where
manufacturers already have an account with the PHMSA portal.
<bullet> Will there be an alternative method to apply other than
electronically through the PHMSA portal?
[cir] The PHMSA portal will be the only method of application
submittal with respect to explosives approvals applications. See the
Section V.C. Amending the Approvals Process discussion of changes.
<bullet> Can a U.S. agent of a non-U.S. manufacturer terminate an
active EX approval and if so, are there safeguards to ensure that an EX
approval is not inadvertently terminated?
[cir] A U.S. agent may not terminate an EX approval. The request
must be submitted separately by the manufacturer through the PHMSA
portal for review and handling by PHMSA.
B. Authorizing the Self-Classification of Ammunition With Tracer
Projectiles
Provided certain conditions are met, 49 CFR 173.56(h) authorizes
self-classification of certain types of small arms cartridges into
Division 1.4S. In particular, Sec. 173.56(h)(3) authorizes ammunition
with inert projectile or blank ammunition. Tracer projectiles use a
small amount of pyrotechnic composition to provide visible light upon
exit from a firearm barrel. Tracer projectiles cannot be considered as
an ``inert'' projectile due to the presence of the pyrotechnic
composition.
However, the quantity of pyrotechnic composition on tracer
projectiles is negligible compared to the quantities of pyrotechnic
material contained within the cartridge itself. The presence of such
small quantities of pyrotechnics neither increases the hazard as
indicated when subject to a bonfire test, nor does its presence make
unintentional initiation any more likely. The difference in hazard
between inert projectile cartridges and the same cartridges with a
small amount of pyrotechnic composition for tracer projectiles is
negligible. Furthermore, there are no additional concerns related to
tracer projectiles that justify exclusion from the self-classification
provision of Sec. 173.56(h)(3).
PHMSA received comment from SAAMI suggesting that the term ``tracer
projectiles'' be used in place of the proposed parenthetical
``(including tracer ammunition)'' to clarify that the exception only
authorizes self-classification when the tracer is on the
[[Page 32898]]
projectile, which is a narrower scope of what might be included in the
more general term ``tracer ammunition.'' Furthermore, SAAMI suggested a
conforming revision to the packaging exceptions for limited quantities
of small arms cartridges classed as Division 1.4S explosive materials
in Sec. 173.63(b) to also include a reference to tracer projectiles
self-classed as Division 1.4S in accordance with Sec. 173.56(h)(3).
SAAMI believed the logic of the proposed addition of self-
classification for tracer ammunition in the latter naturally coincides
with the former limited quantity exceptions. SAAMI also made mention of
use of the term ``projectile'' in the singular in Sec. 173.56(h)(3)
and in the plural in Sec. 173.63(b); and suggested using the plural in
both regulations. Here, PHMSA notes that, in accordance with 49 CFR
171.9--Rules of construction, unless context requires otherwise, words
imparting the singular include plural and vice versa. Regarding use of
projectile or projectiles, context does not require otherwise.
PHMSA otherwise agrees with the suggestions offered by SAAMI. The
conditions for self-classification in Sec. 173.56(h)(3) are the same
as the conditions for eligibility for packaging exceptions in Sec.
173.63(b)(1)(ii)(B). Though not proposed, PHMSA views making the same
change to Sec. 173.63(b) to include tracer projectile(s) as ammunition
eligible for exception from full regulation as a limited quantity
material as a logical outgrowth of the proposal to allow tracer
projectiles to be self-classified as Division 1.4S material. PHMSA also
agrees with the subtlety of the scope change to refer to ``tracer
projectiles'' instead of full cartridges. Therefore, PHMSA adopts the
following changes:
<bullet> Revise Sec. 173.56(h)(3) to include tracer projectiles;
and
<bullet> Revise Sec. 173.63(b)(1)(ii)(B) to include tracer
projectiles. Note that PHMSA is also making an editorial change to
Sec. 173.63(b)(1)(ii). The list of materials that may be shipped as
limited quantities includes an ``and'' conjunction following paragraph
(b)(1)(ii)(E), but the ``and'' should instead follow paragraph
(b)(1)(ii)(F) to complete the list with paragraph (b)(1)(ii)(G).
These revisions provide clarity that ammunition with tracer
projectiles is eligible for self-classification as Division 1.4S and
associated packaging exceptions. The changes maintain the current level
of safety for transportation of small arms cartridges.
C. Process for Submitting Approval Applications
PHMSA currently provides several options for submitting
applications for approvals, including by mail, email, and fax and
through the PHMSA portal, though this latter method is not codified as
an option. The final rule amends 49 CFR 107.705 to include the PHMSA
portal as a submittal option for all approvals. The final rule also
establishes the PHMSA portal as the only method for submittal and
acceptance of explosives approval applications (including ground device
self-certifications). Transitioning to an all-electronic system will
improve efficiency. Delays occur when PHMSA personnel must transcribe
application information into the portal database due to incomplete
data, inability to read handwritten materials, and so forth. Where
missing data or uncertainties are discovered, PHMSA personnel must
follow up with the applicant or otherwise reject an application, which
causes further delays. Electronic submissions improve efficiency for
the applicant on the front end (data entry) and for PHMSA on the back
end (review and issuance of approval). The PHMSA portal provides online
access to PHMSA services, creating a single source for all hazardous
materials explosives applications and data. Persons need only to
register to create an account, if not having done so already, to access
the PHMSA portal. Moreover, an average of three million metric tons of
explosives are consumed annually in the U.S., of which a significant
portion goes to mining. Explosives are essential for energy production
and the manufacture of metal and mineral products. Improved efficiency
in processing means shorter turnaround times for approvals of
explosives which supports the unleashing of American energy.\10\
---------------------------------------------------------------------------
\10\ 90 FR 8353 (Jan. 29, 2025).
---------------------------------------------------------------------------
PHMSA received comments from APA, AFSL, SAAMI, TNT Fireworks and
UP, a U.S. designated agent for service for multiple international
fireworks manufacturers. These commenters all requested that PHMSA
maintain alternatives to the PHMSA portal for submission of explosives
approval applications to provide applicants with additional
flexibility. PHMSA acknowledges the commenters concerns but is
committed to this electronic resource for explosives approval
applications. PHMSA views any potential benefits from maintaining
alternative submission methods as outweighed by the efficiency provided
by a single process. Though PHMSA acknowledges there may be unforeseen
service interruptions with the PHMSA portal that may negatively impact
the ability to submit applications, our expectation is that any service
interruption will be short-lived. The use of the PHMSA portal as the
only method of submittal for all explosives approvals will reduce the
paperwork burden on applicants and PHMSA personnel. The overall net
benefits include an estimated cost savings of 846 labor hours annually.
See the RIA for a full discussion.
PHMSA notes that SAAMI inquired as to why the processing of
approvals electronically is limited to include only energetic approvals
at this time. PHMSA streamlined the fireworks approval process in this
rulemaking and viewed it as an opportunity to further modernize our
systems. PHMSA considered including other approvals. However, because
this rulemaking is focused on energetic materials, PHMSA determined
that additional public notice and comment should be provided before
expanding the electronic process to other approvals. PHMSA anticipates
addressing electronic-only approval submissions for other approval
types in a separate, future rulemaking.
SAAMI commented that the use of an online portal will cause
information security issues because Sec. 173.56(b) will require the
electronic submittal of information that may be potentially proprietary
and security-sensitive. SAAMI stated that the PHMSA portal may suffer
from cybersecurity vulnerabilities, and that its use may cause a
stakeholder to be out of compliance with security regulations.
Contractors serving the Federal Government and its agencies are
required to protect certain categories of unclassified information
provided by or for the U.S. Government, including the systems on which
the data is stored. One of those categories, Controlled Unclassified
Information (CUI), replaces legacy labels For Official Use Only (FOUO),
Sensitive but Unclassified (SBU), and Law Enforcement Sensitive (LES).
CUI is government-created or owned UNCLASSIFIED information that allows
for, or requires, safeguarding and dissemination controls in accordance
with laws, regulations, or government-wide policies. It is sensitive
information that does not meet the criteria for classification but must
still be protected.
Furthermore, SAAMI stated that its members' most sensitive
applications are classified as secret and above. As such they go
through the Department of War (i.e. Department of Defense) examiners
and process, as opposed to
[[Page 32899]]
PHMSA. SAAMI stated that they occasionally have some applications that
go through PHMSA that are sensitive but being ``commercial'' in nature
they have a designation that is less than secret. SAAMI further stated
that in the rare instances when they must submit a ``sensitive''
application, they use hand delivery or a commercial courier service.
SAAMI is concerned that PHMSA seems to be prohibiting these delivery
methods, and requests that PHMSA maintain the options for mail or hand
delivery, which requires a solution beyond the current PHMSA portal or
email processes.
PHMSA acknowledges SAAMI's concerns and reiterates that the PHMSA
portal system complies with relevant Federal information security laws,
including the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.),
the Clinger[hyphen]Cohen Act of 1996 (40 U.S.C. 11101 et seq.), and the
Federal Information Security Management Act (FISMA) of 2002 (44 U.S.C.
3541 et seq). In addition, it meets Federal Government IT security
requirements outlined in OMB Circular A-130, Management of Federal
Information Resources, Appendix III, Security of Federal Automated
Information Resources, and adheres to National Institute of Standards
and Technology (NIST) Guidelines. Furthermore, for safeguarding data
within the PHMSA portal, the following measures are implemented:
<bullet> Data encryption is applied both in transit and at rest.
<bullet> Secure Socket Layer (SSL) connection is employed for
portal connectivity, with regularly updated certificates.
<bullet> Weak ciphers are disabled to enhance security.
<bullet> Continuous application of patches and updates is carried
out to mitigate vulnerabilities and ensure system integrity.
Overall, these measures help to ensure the confidentiality,
integrity, and availability of data within the PHMSA portal,
safeguarding it against unauthorized access, tampering, or
interception. PHMSA will maintain as proposed the PHMSA portal as the
only method of explosives approvals submissions. Nonetheless, PHMSA
reminds submitters that its systems are not cleared to process
controlled or classified information, and that submitters should
contact PHMSA in advance if it determines that any information it
intends to submit has been labeled as CUI or Classified by another
government agency.
D. Voluntary Termination of Approvals
Finally, the final rule revises the approvals process to allow
approval holders to request termination of approvals. The final rule
also clarifies that when an approval holder voluntarily requests
termination, PHMSA is not required to issue a letter providing them an
opportunity to show cause why the approval should not be terminated.
PHMSA received comment from APA and an individual asking for
clarification on how existing products, including products placed in
transportation before their approval is terminated, would be treated.
For example, one of these commenters asked if an approval holder
requests termination of its EX approval, but boxes of that product are
in the transportation chain, would those boxes now contain unapproved
explosives.
PHMSA clarifies that any product placed into transportation in
commerce while the approval was valid will continue to be valid until
it reaches its destination. This also applies to product shipped for
disposal purposes.
VI. Section-by-Section Review
The following is a section-by-section review of the final rule
amendments.
A. Part 107
Section 107.705
The requirements for submitting registrations, reports, and
applications for approval are prescribed under 49 CFR 107.705. PHMSA
revises paragraph (a)(1) to clearly specify that the PHMSA portal may
be used to file all types of approval applications with PHMSA. Further,
with respect to explosives approvals applications, PHMSA specifies the
PHMSA portal as the required method for submittal of applications and
removes options to submit those explosives applications via mail,
email, or fax for all explosives approvals.
Section 107.713
Section 107.713 prescribes procedures for the issuance,
modification, and termination of approvals required by the HMR. PHMSA
revises the introductory text to paragraph (c) to refer to new
paragraph (e); and adds a new paragraph (e) to allow approval holders
(of any type) to request termination of an approval voluntarily. PHMSA
will then issue a termination letter, rather than a show cause letter.
Hazardous materials offered into transportation or being transported in
accordance with a valid approval prior to the approval's termination
may continue to be transported to its destination without concern of
being an unapproved shipment. However, where hazardous materials may
need to be transported for disposal purposes after the termination of
the approval, a temporary approval or special permit will need to be
obtained should the hazardous material not otherwise be allowed for
transport.
B. Part 171
Section 171.8
Section 171.8 provides definitions and abbreviations applicable to
the HMR. PHMSA adds the new term ``FW number'' and defines it as a
unique identifier number assigned by the Associate Administrator to a
low hazard Division 1.4G consumer firework device that has been
certified in accordance with the provisions of Sec. 173.64. Note that
PHMSA has revised the proposed version of the definition of ``FW
number'' to refer to the Associate Administrator instead of ``PHMSA''
and to define it as a unique identified number. PHMSA received no
comment on the proposed definition and adopts as revised in this final
rule.
C. Part 173
Section 173.56
Section 173.56 prescribes the procedures for classification and
approval of new explosives. Small arms cartridges meeting the criteria
in paragraph (h) may be self-classified as Division 1.4S by the
manufacturer. PHMSA modifies Sec. 173.56(h)(3) to provide clarity that
tracer ammunition (i.e., ammunition with tracer projectiles) is
eligible for self-classification as a Division 1.4S material, provided
the other criteria in paragraph (h) are met. This revision maintains
the current level of safety for transportation of small arms cartridges
while providing greater understanding to shippers of what types of
small arms cartridges may be self-classified in accordance with
paragraph (h).
Section 173.59
Section 173.59 provides informational descriptions of terms for
explosives. PHMSA adds a separate term and description for ``low hazard
fireworks.'' The addition of this description maintains the current
level of safety with the HMR by ensuring proper understanding of the
meaning of low hazard fireworks for purposes of the provisions adopted
in this rulemaking.
Section 173.63
Section 173.63 provides exceptions from the general packaging
requirements for certain explosives, including small arms cartridges
that
[[Page 32900]]
may be shipped as limited quantity material under specified conditions
in paragraph (b). PHMSA revises paragraph (b) to include tracer
ammunition (i.e., ammunition with tracer projectiles) consistent with
the revision made to Sec. 173.56(h) to allow classification of this
material as Division 1.4S without obtaining an EX approval based on
eligibility criteria. Paragraph (b) provides this same eligibility
criteria to allow transport as a limited quantity material and,
therefore, ammunition with tracer projectiles classed as Division 1.4S
may also be transported as limited quantity material subject to
specified conditions.
Section 173.64
Section 173.64 prescribes classification and approval exceptions
from the standard explosives approval process for Division 1.3 and 1.4
fireworks. PHMSA revises Sec. 173.64 to include further exceptions for
low hazard (consumer) fireworks that qualify for self-certification by
the manufacturer. Specifically, new paragraph (b) outlines construction
and formulation criteria for self-certification of certain ground
devices as Division 1.4 fireworks. Seventeen ground devices are
eligible for self-certification and classification as Division 1.4G
fireworks. In addition, new paragraph (b) outlines criteria for
exception from regulation for certain novelties. Finally, paragraph (b)
includes provisions for maintaining supporting documentation
demonstrating compliance for the manufacture of ground devices. The
supporting information includes the assigned FW number and may contain
other pertinent information such as the category of device, drawing(s),
chemical composition list, gram quantities, and, if applicable, the
U.S. agent of service information. Except for transportation by air,
seven novelties are eligible for exception from the HMR. PHMSA also
makes editorial changes to paragraph (a) consistent with revision to
paragraph (b), such as adding a title to paragraph (a) and clarifying
further the reference to Sec. 173.65 for certification of Division
1.4G consumer fireworks by an FCA. These revisions maintain the current
level of safety for the transportation of fireworks by ensuring proper
understanding of which ground devices and novelties may qualify for
self-certification, exception EX approval requirements, and exception
from requirements of the HMR.
VII. Regulatory Analyses and Notices
A. Legal Authority
This final 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; DOT Regulatory Policies and Procedures
Executive Order (E.O.) 12866 (Regulatory Planning and Review), as
well as the Department's rulemaking procedures in 49 CFR part 5 and DOT
Order 2100.6B (Policies and Procedures for Rulemaking),\11\ require
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.'' \12\ The Department, in 49 CFR part 5 and 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.''
Executive Order 12866 also requires that ``agencies should assess all
costs and benefits of available regulatory alternatives, including the
alternative of not regulating.'' The Department's regulatory procedures
further direct that PHMSA and other DOT Operating Administrations must
generally choose the ``least costly regulatory alternative that
achieves the relevant objectives'' unless required by law or compelling
safety need.
---------------------------------------------------------------------------
\11\ See Department of Transportation, Administrative
Rulemaking, Guidance, and Enforcement Procedures, 91 FR 22431 (Apr.
27, 2026).
\12\ 58 FR 51735 (Oct. 4, 1993).
---------------------------------------------------------------------------
E.O. 12866 and the Department's procedures 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
final rule is not a significant regulatory action pursuant to E.O.
12866 and 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 the requirements in E.O. 12866 and the Department's
regulatory procedures in 49 CFR part 5 and DOT Order 2100.6B and
determined this final rule will result in cost savings by introducing
efficiencies into the explosives approval process and providing clarity
on applicability of the hazardous materials regulations and programs.
C. Executive Orders 14192 and 14219
PHMSA has determined this final rule is an E.O. 14192 (Unleashing
Prosperity Through Deregulation) deregulatory action.\13\ PHMSA has
developed a detailed economic analysis in the RIA, a copy of which has
been placed in the docket, and determined that the total costs of the
rule on the regulated community will be less than zero. This final rule
does not 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.'' \14\
---------------------------------------------------------------------------
\13\ 90 FR 9065 (Feb. 6, 2025).
\14\ 90 FR 10583 (Feb. 19, 2025).
---------------------------------------------------------------------------
D. Energy-Related Executive Orders 13211, 14154, and 14156
PHMSA has analyzed this final rule in accordance with the
principles and criteria contained in E.O. 14156 (Declaring a National
Energy Emergency) and E.O. 14154 (Unleashing American Energy).\15\ The
president has declared a national emergency to address America's
inadequate energy development production, transportation, refining, and
generation capacity and asserted a Federal policy to unleash American
energy by ensuring 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. PHMSA
finds this final rule is consistent with each of E.O. 14156 and E.O.
14154.
---------------------------------------------------------------------------
\15\ 90 FR 8433 (Jan. 29, 2025); 90 FR 8353 (Jan. 29, 2025).
---------------------------------------------------------------------------
In addition, this final rule is not a ``significant energy action''
under E.O. 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use),\16\ which requires Federal
agencies to prepare a Statement of Energy Effects for any ``significant
energy action.'' Because this final rule is not a significant action
under E.O. 12866, it will not have a significant adverse effect on
supply, distribution, or energy use; accordingly, OIRA has not
designated this final rule as a significant energy action.
---------------------------------------------------------------------------
\16\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
E. Executive Order 13132; Federalism
PHMSA analyzed this final rule in accordance with the principles
and criteria contained in E.O. 13132
[[Page 32901]]
(Federalism) and the Presidential Memorandum (Preemption) published in
the Federal Register on May 22, 2009.\17\ 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:
---------------------------------------------------------------------------
\17\ 64 FR 43255 (Aug. 10, 1999); 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------
(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.
Though this final rule may operate to preempt some State
requirements, it will 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 final 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. Executive Order 13175
PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in E.O. 13175 (Consultation and Coordination
with Indian Tribal Governments) and DOT Order 5301.1A (Department of
Transportation Tribal Consultation Policy and Procedures).\18\ E.O.
13175 requires agencies to assure meaningful and timely input from
Tribal government representatives in developing rules that
significantly or uniquely affect Tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities, or the relationship and distribution of
power between the Federal Government and Tribes.
---------------------------------------------------------------------------
\18\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------
PHMSA assessed the impact of the rulemaking and determined 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 final rule will not
significantly or uniquely affect Tribal communities, much less impose
substantial compliance costs on Tribal governments, or mandate Tribal
action. For these reasons, the funding and consultation requirements of
Executive Order 13175 and DOT Order 5301.1A do not apply.
G. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to consider conducting a Final Regulatory Flexibility
Analysis (FRFA) for a final rule that has been subject to notice-and-
comment rulemaking under the APA unless the agency head certifies that
the final rule will not have a significant economic impact on a
substantial number of small entities. E.O. 13272 (Proper Consideration
of Small Entities in Agency Rulemaking) obliges agencies to establish
procedures and policies to promote compliance with the Regulatory
Flexibility Act.\19\ DOT posts its implementing guidance on a dedicated
web page.\20\
---------------------------------------------------------------------------
\19\ 67 FR 53461 (Aug. 16, 2002).
\20\ DOT, Rulemaking Requirements Related to Small Entities
(last accessed Sept. 3, 2024), available at <a href="https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities">https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities</a>.
---------------------------------------------------------------------------
This final rule has been developed in accordance with E.O. 13272
and DOT's procedures and policies to promote compliance with the
Regulatory Flexibility Act. As explained above, this final rule will
provide an annual net cost savings of approximately $0.22 million
because it facilitates the transportation of hazardous materials by
streamlining the regulatory requirements for energetics manufacturers
and shippers while maintaining the current level of safety for
transportation of these items. Specifically, it amends the
classification and approval process of certain low hazard Class 1
explosive materials (i.e., fireworks) and clarifies classification
eligibility for ammunition with tracer projectiles. Finally, this
rulemaking will require the use of the PHMSA portal, an online
application, as the sole method to submit explosives approval
applications, thereby reducing, for example, the fireworks application
approval processing time from 28 days to several hours, and will allow
voluntary termination of approvals.
Therefore, PHMSA certifies the final rule does not have a
significant economic impact on a substantial number of small entities.
H. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and
its implementing regulations at 5 CFR 1320.8(d) require that PHMSA
provide interested members of the public and affected agencies an
opportunity to comment on information and recordkeeping requests.
PHMSA has analyzed this final rule in accordance with the Paperwork
Reduction Act. PHMSA currently accounts for information collection and
recordkeeping burdens under OMB Control Number 2137-0057 Approvals for
Hazardous Materials. In this final rule, PHMSA revises 49 CFR 173.64
applicable to low hazard fireworks that may impact the burden accounted
for in OMB Control Number 2137-0057. The addition in Sec. 173.64
requires ground device firework manufacturers to provide information in
association with pursuing self-certification as low hazard fireworks
for purposes of transportation. PHMSA determines the impact of these
amendments to be negligible as the information is the same information
currently required by the HMR under EX approval requirements but now
are required as part of the automated self-certification process.
I. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (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 final rule that includes a Federal mandate that may
result in the expenditure by State, local, or Tribal governments, or by
the private sector, 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.
[[Page 32902]]
As explained in the RIA, available for review in the docket, this
final rule does not impose unfunded mandates under UMRA because it does
not 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.
J. National Environmental Policy Act
PHMSA has analyzed this rule pursuant to the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.) and has determined it is
excluded categorically under 23 CFR 771.117(c)(20), which applies to
the promulgation of rules, regulations, and directives. Under Section 9
of DOT Order 5610.1D, PHMSA may apply a categorical exclusion (CE)
established in another Operating Administration's procedures. PHMSA
followed the requirements outlined in DOT Order 5610.1D to apply the
Federal Highway Administration's CE to this deregulatory action. PHMSA
does not anticipate any adverse environmental impacts from this rule,
and PHMSA has determined no unusual circumstances are present under 23
CFR 771.117(b). PHMSA's Categorical Exclusion Determination memo for
this action is available on PHMSA's website.\21\
---------------------------------------------------------------------------
\21\ DOT, PHMSA, Implementing Procedures (Aug. 28, 2025),
available at <a href="https://www.phmsa.dot.gov/planning-and-analytics/environmental-analysis-and-compliance/implementing-procedures">https://www.phmsa.dot.gov/planning-and-analytics/environmental-analysis-and-compliance/implementing-procedures</a>.
---------------------------------------------------------------------------
K. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">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>. DOT's complete Privacy Act Statement is in the
Federal Register on April 11, 2000, and is available for review on
DOT's website at <a href="https://www.dot.gov/privacy">https://www.dot.gov/privacy</a>.
L. Executive Order 13609 and International Trade Analysis
E.O. 13609 (Promoting International Regulatory Cooperation)
requires that Federal 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.\22\ 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.
---------------------------------------------------------------------------
\22\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------
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, if 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 final rule and has determined that its regulatory
amendments will not cause unnecessary obstacles to foreign trade.
M. Severability
PHMSA finds that the various provisions of this final rule are
severable and able to function independently if severed from each
other. Thus, in the event a court were to invalidate one or more of
this final rule's unique provisions, the remaining provisions should
stand and continue in effect.
N. Cybersecurity and Executive Order 14082
E.O. 14082 (Improving the Nation's Cybersecurity) directed the
Federal Government to improve its efforts to identify, deter, and
respond to ``persistent and increasingly sophisticated malicious cyber
campaigns.'' \23\ PHMSA has considered the effects of this final rule
and has determined that its regulatory amendments materially would not
affect the cybersecurity risk profile for affected entities.
---------------------------------------------------------------------------
\23\ 86 FR 26633 (May 17, 2021).
---------------------------------------------------------------------------
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 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements.
In consideration of the foregoing, PHMSA amends 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. 5101-5128, 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. 107.705, revise paragraph (a)(1) to read as follows:
Sec. 107.705 Registrations, reports, and applications for approval.
(a) * * *
(1) File using the following methods:
(i) Submission methods. Notwithstanding paragraph (a)(1)(ii) of
this section, the registration, report, or application may be filed
with the Associate Administrator for Hazardous Materials Safety,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. Applications may be filed using the PHMSA
portal at <a href="https://portal.phmsa.dot.gov/">https://portal.phmsa.dot.gov/</a> or, alternatively, may be filed
with any attached supporting documentation in an appropriate format by
fax at 202-366-3753 or 202-366-3308, or by email at <a href="/cdn-cgi/l/email-protection#36574646445940575a457652594218515940"><span class="__cf_email__" data-cfemail="c0a1b0b0b2afb6a1acb380a4afb4eea7afb6">[email protected]</span></a>.
(ii) Explosive approval applications. Filing of explosives approval
and fireworks approval applications, as well as certifications of low
hazard fireworks, must be submitted using the PHMSA portal <a href="https://portal.phmsa.dot.gov/">https://portal.phmsa.dot.gov/</a>.
* * * * *
0
3. In Sec. 107.713, revise paragraph (c) introductory text and add
paragraph (e) to read as follows:
Sec. 107.713 Approval modification, suspension or termination.
* * * * *
[[Page 32903]]
(c) Except as provided in paragraphs (d) and (e) of this section,
before an approval is modified, suspended, or terminated, the Associate
Administrator notifies the holder in writing of the proposed action and
the reasons for it, and provides an opportunity to show cause why the
proposed action should not be taken.
* * * * *
(e) The Associate Administrator may terminate an approval at the
request of the approval holder based on the holder's determination that
it is no longer needed. The approval holder must submit the request in
writing to the Associate Administrator using the PHMSA portal at
<a href="https://portal.phmsa.dot.gov/">https://portal.phmsa.dot.gov/</a>. The Associate Administrator will notify
the approval holder of termination.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
4. 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
5. In Sec. 171.8, add a definition for ``FW number'' in alphabetical
order to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
FW number means a unique identifier number assigned by the
Associate Administrator to a Division 1.4G consumer firework device
certified in accordance with Sec. 173.64(b) of this subchapter.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
6. 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
7. In Sec. 173.56, revise paragraph (h)(3) to read as follows:
Sec. 173.56 New explosives--definition and procedures for
classification and approval.
* * * * *
(h) * * *
(3) Ammunition with inert or tracer projectile, or blank
ammunition; and
* * * * *
0
8. In Sec. 173.59, add a description for ``Low hazard fireworks'' in
alphabetical order to read as follows:
Sec. 173.59 Description of terms for explosives.
* * * * *
Low hazard fireworks. Pyrotechnic articles of certain chemical
composition, design, and packaging that are not designed to leave
ground level, contain no aerial components, present a Division 1.4G
hazard during transportation, and comply with any limits and
requirements found therein, as listed in Sec. 173.64. Low hazard
fireworks include ground and novelty devices.
* * * * *
0
9. In Sec. 173.63, revise paragraph (b)(1)(ii) to read as follows:
Sec. 173.63 Packaging exceptions.
* * * * *
(b) * * *
(1) * * *
(ii) Cartridges, small arms, Cartridges, power device (used to
project fastening devices), Cartridges for tools, blank, and Cases,
cartridge empty with primer that may be shipped as a limited quantity
are as follows:
(A) Ammunition for rifle, pistol or shotgun;
(B) Ammunition with inert or tracer projectiles, or blank
ammunition;
(C) Ammunition having no tear gas, incendiary, or detonating
explosive projectiles;
(D) Ammunition not exceeding 12.7 mm (50 caliber or 0.5 inch) for
rifle or pistol, cartridges or 8 gauge for shotshells;
(E) Cartridges for tools, blank;
(F) Cases, cartridge, empty with primer; and
(G) Cartridges, power device (used to project fastening devices).
* * * * *
0
10. Revise Sec. 173.64 to read as follows:
Sec. 173.64 Exceptions for Division 1.3 and 1.4 fireworks.
(a) Classification and approval. 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:
(1) Fireworks must be manufactured in accordance with the
applicable requirements in APA 87-1A (IBR, see Sec. 171.7 of this
subchapter), APA 87-1B (IBR, see Sec. 171.7 of this subchapter), and
APA 87-1C (IBR, see Sec. 171.7 of this subchapter).
(2) The fireworks must pass a thermal stability test conducted by a
third-party laboratory or the manufacturer. The test must be performed
by maintaining the device, or a representative prototype of a large
device such as a display shell, at a temperature of 75[deg]C (167
[deg]F) for 48 consecutive hours. When fireworks contain more than one
component, those components that could be in physical contact with each
other in the finished firework must be placed in contact with each
other during the thermal stability test.
(3) The manufacturer applies in writing to the Associate
Administrator following the applicable requirements in APA 87-1A (IBR,
see Sec. 171.7 of this subchapter), APA 87-1B (IBR, see Sec. 171.7 of
this subchapter), and APA 87-1C (IBR, see Sec. 171.7 of this
subchapter), and is notified in writing by the Associate Administrator
that the fireworks have been classed, approved, and assigned an EX
number. Each application must be complete and include all relevant
background data and copies of all applicable drawings, test results,
and any other pertinent information on each device for which approval
is being requested. The manufacturer must sign the application and
certify that the device for which approval is requested conforms to the
appropriate APA standard; that the descriptions and technical
information contained in the application are complete and accurate;
and, with respect to APA 87-1A, that no duplicate application has been
submitted to a Fireworks Certification Agency. If the application is
denied, the manufacturer will be notified in writing of the reasons for
the denial. The Associate Administrator may require that the fireworks
be examined by an agency listed in Sec. 173.56(b)(1).
(b) Additional exceptions for low hazard Division 1.4 consumer
fireworks. Low hazard fireworks are pyrotechnic articles of certain
chemical composition, design, and packaging such that they present a
Division 1.4 explosive hazard during transportation. Low hazard ground
device fireworks listed in table 1 to paragraph (b)(2)(v) of this
section and meeting the specified conditions and limitations are
eligible for self-classification, certification, and transport as
UN0336, Fireworks, Division 1.4G. These low hazard fireworks may in
some cases be alternatively classified as Division 1.4S when following
the new explosives procedures in Sec. 173.56. Low hazard fireworks are
not required to go through the explosives approval requirements of
Sec. 173.56 or the DOT-approved Fireworks Certification Agency
requirements of Sec. 173.65; however, low hazard ground device
fireworks must be
[[Page 32904]]
certified by the manufacturer with the Associate Administrator and
obtain an FW number. Furthermore, low hazard novelty fireworks listed
in table 2 to paragraph (b)(3)(iv) of this section meeting the
specified conditions and limitations are excepted from the requirements
of this subchapter as a Class 1 explosive material.
(1) General requirements. No person may manufacture and offer for
transport a low hazard firework not compliant with requirements of this
paragraph (b). No person may accept for transport a low hazard firework
not certified or excepted from this subchapter as specified in this
paragraph (b). If the person certifying compliance with the Associate
Administrator is not a resident of the United States, the person must
designate an agent for service in accordance with Sec. 105.40 of this
chapter. In addition, low hazard fireworks:
(i) Must successfully pass a thermal stability test as specified in
paragraph (a)(2) of this section; and
(ii) May not be transported as a component part for another
firework or explosive.
(2) Requirements specific to ground firework devices. (i) Ground
devices must use chemicals in conformance with the Permitted and
Restricted Chemical Table for Consumer Fireworks and Novelties list in
APA 87-1A, Appendix 1.
(ii) When permitted, all reports are limited to 50 mg of
composition per report.
(iii) Ground devices must be initiated by a fuse. However, a fuse
is not required for the following types: flitter sparklers, wire or
dipped sparklers, fountain (nitrocellulose), and snakes (glow worms).
(iv) Ground devices must be marked with an FW number issued by the
Associate Administrator. If the firework is too small for the marking,
the outer package of the fireworks must be marked with the FW number.
(v) Authorized ground devices, and their descriptions,
specifications, and special conditions for transport are set forth as
follows:
Table 1 to Paragraph (b)(2)(v)--Authorized Ground Devices and Specifications
----------------------------------------------------------------------------------------------------------------
Type Description Specification Special conditions
----------------------------------------------------------------------------------------------------------------
Chaser............................ Consists of a paper or 20 grams total of chemical None.
cardboard tube, which composition, with
vents out its fuse hole. multiple reports
permitted (each report
limited to 50 milligrams).
Crackling Ball.................... Consists of a spherical 20 total grams of chemical Inner packaging
ball that contains small composition, with no cannot exceed 72
granules of chemical reports permitted. grams of
composition that upon composition.
ignition produce sparks
and/or a crackling effect.
Crackling Strip................... Consists of small granules 20 total grams of chemical Inner packaging
of chemical composition composition, with no cannot exceed 72
adhered to and encased in reports permitted. grams of
a paper or cardboard composition.
wrapping that upon
ignition produce sparks
and/or a crackling effect.
Crackling Tube.................... Consists of a tube that 20 total grams of chemical Inner packaging
contains small granules composition, with no cannot exceed 72
of chemical composition reports permitted. grams of
that upon ignition composition.
produce sparks and/or a
crackling effect.
Firecracker....................... Consists of a small paper- 50 milligrams of chemical Multiple
wrapped or cardboard tube composition per firecrackers can be
that produces a single firecracker. fused together to
report. form a string.
There is no limit
on number of
firecrackers in a
string.
Flasher/Strobe.................... Consists of a small paper- 5 total grams of chemical Inner packaging
wrapped or cardboard tube composition, with no cannot exceed 60
that produces a crackling/ reports permitted. grams of
flashing/strobe light composition.
effect.
Flitter Sparkler.................. Consists of a paper or 25 total grams of chemical None.
cardboard tube attached composition, with no
to a stick or wire Upon reports permitted.
ignition, the device Formulations containing
produces a shower of chlorates are limited to
sparks, a colored flame, 4 grams with no more than
and/or a crackling effect. 15 percent of the
formulation being
chlorates.
Fountain (Cone)................... Consists of a paper or 50 total grams of chemical None.
cardboard tube that upon composition, with no
ignition produces a reports permitted.
shower consisting of any
combination of colored
sparks, color flame,
crackle, smoke, whistle,
or micro star effects.
Fountain (Cylindrical)............ Consists of a paper or 100 total grams of None.
cardboard tube that upon chemical composition,
ignition produces a with no reports permitted.
shower consisting of any
combination of colored
sparks, color flame,
crackle, smoke, whistle,
or micro star effects.
Fountain (Nitrocellulose)......... Consists of a cone or tube 15 total grams of chemical None.
device that produces a composition, with no
shower of small sparks, reports permitted.
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 chemical Multiple ground
cardboard tube that upon composition, with reports spinners can be
ignition emits a shower permitted (each report fused together to
of sparks that vent out limited to 50 milligrams). form a string.
of an orifice causing the Strings are limited
device to spin rapidly on to 20 grams of
the ground. total composition.
Illuminating Torch................ Consists of a paper or 100 total grams of None.
cardboard tube that upon chemical composition,
ignition, emits a colored with no reports permitted.
flame with or without
crackles or sparks.
[[Page 32905]]
Smoke............................. Consists of a paper or 100 total grams of Multiple smoke
cardboard tube that upon chemical composition. All devices can be
ignition emits smoke as mixtures containing a fused together to
the primary effect. chlorate must contain an form a string.
equal amount or greater Strings are limited
amount of a carbonate or to 100 grams of
bicarbonate (e.g., total composition.
calcium carbonate, sodium
bicarbonate).
Snake............................. Consists of pressed pellet 20 total grams of chemical None.
of pyrotechnic composition, with no
composition that upon reports. Only
ignition produce a snake- formulations of nitrated
like ash that expands in asphalt, asphaltum,
length as the composition bitumen, pitch, and/or
is consumed. tar with an oxidizer
(with or without a
binder) are permitted.
Specialty Device.................. Consists of a paper or 20 total grams of chemical None.
cardboard tube(s), e.g., composition, with reports
in the shape of an animal permitted (each report
or a small vehicle, that limited to 50 milligrams).
produces multiple effects. No tube can contain more
than 2 grams of
composition; tubes cannot
contain aerial components
or internal shells.
Wheel............................. Consists of a paper or 200 total grams of None.
cardboard tube(s) placed chemical composition,
on the ground or attached with no reports.
to a post, by means of a No tube can contain more
nail, spike or string. than 60 total grams of
Upon ignition the wheel composition, which
rotates, producing a includes a 20 gram
shower of sparks, color, propellant limit per tube.
crackling, flame, or Tubes cannot contain
whistle effects. aerial components..
Handles are not permitted.
Wire Sparkler or Dipped Stick..... Consists of a metal wire 100 total grams of Composition weight
or wood dowel coated with chemical composition, per inner packaging
a chemical composition. with no reports permitted. cannot exceed 120
Upon ignition, the device Formulations containing grams.
produces a shower of chlorates are limited to
sparks, a colored flame, 4 grams with no more than
and/or a crackling effect. 15 percent of the
formulations being
chlorates.
----------------------------------------------------------------------------------------------------------------
(3) Requirements specific to novelty firework devices. Except for
transportation by air, novelty fireworks conforming to the requirements
of this paragraph (b)(3) are not subject to the requirements of this
subchapter. For air transportation, novelty devices must be transported
as required by this subchapter for ``UN3178, Flammable solid,
inorganic, n.o.s. (Novelties), 4.1, PG II.''
(i) Novelty devices must use chemicals in conformance with the
Permitted and Restricted Chemical Table for Consumer Fireworks and
Novelties in APA 87-1A, Appendix 1 (IBR, see Sec. 171.7 of this
subchapter).
(ii) Inner packagings of novelty devices must be packaged in strong
outer packagings. The packages must conform to the requirements of
Sec. 173.24. The maximum gross weight of a completed package may not
exceed 30 kg (66 pounds).
(iii) Each outer package, and overpack if used, containing novelty
devices must be plainly marked ``NOVELTIES, IN CONFORMANCE WITH Sec.
173.64, NOT REGULATED, EXCEPT WHEN TRANSPORTED BY AIR''.
(iv) Authorized novelty devices, and their descriptions,
specifications, and special conditions for transport are set forth as
follows:
Table 2 to Paragraph (b)(3)(iv)--Authorized Novelty Devices and Specifications
----------------------------------------------------------------------------------------------------------------
Type Description Specification Special conditions
----------------------------------------------------------------------------------------------------------------
Booby Trap/Pull Apart............. Is a device that is 0.016 total grams of Inner packages must
actuated by means of chemical composition, not contain more
friction. Pulling a which is limited to than 12 devices.
string or strings apart barium, potassium, and/or
activate the device sodium chlorate with red
producing a noise effect. phosphorus.
Novelty Flitter Sparkler.......... Consists of a paper or 5 total grams of chemical ....................
cardboard tube attached composition, with no
to a stick or wire. Upon reports permitted.
ignition, the device Formulations containing
produces a shower of chlorates are limited to
sparks, a colored flame, 4 grams with no more than
and/or a crackling effect. 15 percent of the
formulation being
chlorates.
Party Poppers..................... Is a device that is 0.016 total grams of Inner packages must
actuated by means of chemical composition, not contain more
friction. Pulling a which is limited to than 72 devices.
string or trigger barium, potassium, and/or
activates the device sodium chlorate with red
producing a noise effect phosphorus.
and releasing paper
streamers or confetti.
Common examples resemble
champagne bottles and toy
pistols.
Novelty Snakes and Glow-Worms..... Consists of pressed pellet 2 total grams of chemical Inner packaging must
of pyrotechnic composition Only not contain more
composition that upon formulations of nitrated than 25 devices.
ignition, produce a snake- asphalt, asphaltum,
like ash that expands in bitumen, pitch, and/or
length as the composition tar with an oxidizer
is consumed. (with or without a
binder) are permitted.
[[Page 32906]]
Snappers.......................... Consists of small, paper- 0.001 total grams of Inner packages must
wrapped items. When silver fulminate coated not contain more
dropped, the device on small bits of sand or than 50 devices
activates, producing a gravel. with sawdust or
noise effect. other impact
absorbing
materials.
Novelty Wire Sparkler or Novelty Consists of a metal wire 25 total grams of chemical Inner packages must
Dipped Stick. or wood dowel coated with composition, with no not contain more
a chemical composition. reports permitted. than 8 devices.
Upon ignition, the device Formulations containing
produces a shower of perchlorates are limited
sparks, a colored flame, to 5 grams. Formulations
and/or a crackling effect. containing chlorates are
limited to 4 grams with
no more than 15 percent
of the formulations being
chlorates.
Novelty Smoke Device.............. Consists of a paper or 5 total grams of chemical Inner packages must
cardboard tube that upon composition, with no not contain more
ignition, emits smoke as reports permitted. All than 72 devices.
the only effect. mixtures containing a
chlorate must contain an
equal amount or greater
amount of a carbonate or
bicarbonate (e.g.,
calcium carbonate, sodium
bicarbonate).
----------------------------------------------------------------------------------------------------------------
(4) Recordkeeping requirements. The manufacturer of low hazard
ground devices must maintain a record demonstrating compliance with
this section. Each record must clearly provide the FW number assigned
to the device certified. The record may contain information such as:
category of device, drawing(s), chemical composition list, gram
quantities, and, if applicable, U.S. agent of service information. The
record must be accessible at or through the principal place of business
for five years after the device is manufactured and must be made
available, upon request, to an authorized official of a Federal, State,
or local government agency at a reasonable time and location, not to
exceed five (5) business days.
Issued in Washington, DC, on May 28, 2026 under authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2026-10962 Filed 6-1-26; 8:45 am]
BILLING CODE 4910-60-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 2, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.