Rule2026-16111
Hazardous Materials: Allowing Fireworks Certification Agencies (FCAs) To Approve Professional Fireworks
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 7, 2026
Effective
September 8, 2026
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
This final rule expands the authority of a Fireworks Certification Agency (FCA) to obtain the ability to approve fireworks constructed to certain requirements. These amendments will streamline PHMSA's fireworks approval process and provide the industry with improved regulatory flexibility.
Full Text
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<title>Federal Register, Volume 91 Issue 151 (Friday, August 7, 2026)</title>
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[Federal Register Volume 91, Number 151 (Friday, August 7, 2026)]
[Rules and Regulations]
[Pages 51098-51104]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16111]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, and 173
[Docket No. PHMSA-2025-0105 (HM-268Q)]
RIN 2137-AG19
Hazardous Materials: Allowing Fireworks Certification Agencies
(FCAs) To Approve Professional Fireworks
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule expands the authority of a Fireworks
Certification Agency (FCA) to obtain the ability to approve fireworks
constructed to certain requirements. These amendments will streamline
PHMSA's fireworks approval process and provide the industry with
improved regulatory flexibility.
DATES: This final rule is effective September 8, 2026.
The incorporation by reference of certain publications listed in
this rule is approved by the Director of the Federal Register as of
September 8, 2026.
FOR FURTHER INFORMATION CONTACT: Eugenio Cardez, Standards and
Rulemaking Division, Pipeline and Hazardous Materials Safety
Administration (PHMSA), 1200 New Jersey Avenue SE, Washington, DC
20590, 202-366-8553, <a href="/cdn-cgi/l/email-protection#ed88988a88838482c38e8c9f898897ad898299c38a829b"><span class="__cf_email__" data-cfemail="ea8f9f8d8f848385c4898b988e8f90aa8e859ec48d859c">[email protected]</span></a>.
I. PHMSA Action
A. What action is PHMSA taking in this Final Rule?
PHMSA is expanding the authority of an FCA to obtain the ability to
approve fireworks constructed to the requirements of APA 87-1A Standard
for the Construction, Classification, Approval, and Transportation of
Consumer Fireworks to include those fireworks constructed to meet the
requirements of APA 87-1B, Standard for the Construction,
Classification, Approval, and Transportation of Display Fireworks, and
APA 87-1C, Standard for the Construction, Classification, Approval, and
Transportation of Entertainment Industry and Technical (EI&T)
Pyrotechnics. To accommodate the expansion of fireworks approvals under
all three APA 87-1 standards, PHMSA is amending the following
provisions in the Hazardous Materials Regulations (HMR; 49 CFR parts
171 to 180):
<bullet> 49 CFR part 107: PHMSA is revising the references to
include all three APA 87-1 standards.
<bullet> 49 CFR part 171: PHMSA is revising the definition for ``FC
number'' and adding a reference to Sec. 173.65 to the APA publications
in Sec. 171.7(f).
<bullet> 49 CFR part 172: PHMSA is revising Special Provision 200
to state that fireworks, pyrotechnic devices, or fuses may be certified
for transportation by a DOT-approved FCA in accordance with the
provisions of 49 CFR 173.65. PHMSA is revising three proper shipping
name entries in the Hazardous Material Table (HMT) to reference the
revised Special Provision 200. PHMSA is making conforming amendments to
49 CFR 172.320.
<bullet> 49 CFR part 173: PHMSA is revising 49 CFR 173.64 to
reference provisions applicable to FCAs and revising 49 CFR 173.65 to
retitle the provision and facilitate the approval of professional
fireworks by FCAs.
B. Does this action apply to me?
Effective 30 days after publication of this final rule, FCAs
subject to 49 CFR 107.402 will have the ability to obtain the authority
to approve fireworks constructed to the APA 87-1B and APA 87-1C
standards in addition to the currently authorized APA 87-1A standard.
Currently, FCAs only have the authority to certify fireworks
constructed to the APA 87-1A standard. After the effective date of this
final rule, FCAs may also seek approval from PHMSA to certify fireworks
constructed to the APA 87-1B and APA 87-1C standards.
C. Why is PHMSA taking this action?
PHMSA is taking this action in response to commenter feedback to
provide fireworks manufacturers the flexibility to choose between
either paying FCAs for expedited review and certification or relying on
PHMSA's free--but sometimes longer--approval process. These amendments
streamline PHMSA's fireworks approval process and provide the industry
with greater regulatory flexibility. PHMSA finds these revisions will
not have any adverse impact on safety.
II. Summary of Comments Received in Response to the Notice of Proposed
Rulemaking
PHMSA published a notice of proposed rulemaking (NPRM), cited as
HM-268Q, to gather feedback on expanding an FCA's authority to approve
fireworks constructed to the APA 87-1B and APA 87-1C standards.\1\
Please refer to the NPRM for background and discussion of the proposed
change.
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\1\ 90 FR 28534 (Jul. 1, 2025).
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The following table alphabetically lists commenters to the NPRM:
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Commenter name Docket No.
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American Pyrotechnics Association PHMSA-2025-0105-0003
Council on Safe Transportation of PHMSA-2025-0105-0010
Hazardous Articles, Inc.
(COSTHA).
Dangerous Goods Advisory Council PHMSA-2025-0105-0012
(DGAC).
National Fireworks Association... PHMSA-2025-0105-0009
Next FX, Inc..................... PHMSA-2025-0105-0008
Phantom Fireworks Companies...... PHMSA-2025-0105-0013
Precocious Pyrotechnics Inc...... PHMSA-2025-0105-0005
[[Page 51099]]
Pyrotechnique by Grucci Inc...... PHMSA-2025-0105-0004
Pyrotek Special Effects Inc...... PHMSA-2025-0105-0002
Ralph Santore & Sons, Inc........ PHMSA-2025-0105-0011
Tassilo Baur..................... PHMSA-2025-0105-0014
Tian Cheng Pyrotechnics PHMSA-2025-0105-0007
Laboratory.
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All commenters supported allowing FCAs to approve fireworks
constructed to the APA 87-1B and APA 87-1C standards. However, some
commenters had additional questions or concerns regarding this
expansion.
First, Phantom Fireworks Companies conditioned its support on PHMSA
``withdraw[ing] all existing UN0336 1.4G Professional Use approvals,
eliminat[ing] the classification altogether and begin[ning] an earnest
enforcement effort against the sale of overloaded illegal explosives
disguised as 1.4G consumer fireworks and the sale of UN0336 1.4G
Professional Use products in consumer fireworks showrooms and stores.''
PHMSA acknowledges Phantom Fireworks Companies' concerns and clarifies
here in the preamble that PHMSA currently does not authorize FCAs to
issue approvals classifying articles as ``UN0336, Fireworks, 1.4G''
[for professional use only]. Nonetheless, based on this comment, PHMSA
will further revise 49 CFR 173.65 in this final rule by adding a new
paragraph (a)(5) that will explicitly state that FCAs are not
authorized to issue approvals under APA 87-1C classifying articles as
``UN0336, Fireworks, 1.4G'' [for professional use only]. Lastly, PHMSA
will potentially address this issue in a future rulemaking. PHMSA has
received a petition for rulemaking requesting that the HMR be updated
to incorporate by reference (IBR) the 2024 version of the APA 87-1C
standard, which eliminates the ``UN0336, Fireworks, 1.4G'' [for
professional use only] classification altogether.\2\
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\2\ American Pyrotechnics Association (APA) Petition for
Rulemaking (P-1802) (Apr. 23, 2025), available at: <a href="https://www.regulations.gov/docket/PHMSA-2025-0045">https://www.regulations.gov/docket/PHMSA-2025-0045</a>.
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Second, PHMSA received comments from Tian Cheng Pyrotechnics
Laboratory requesting that PHMSA establish a special communication
channel for FCAs that approve 1.3G fireworks to receive technical
advice from PHMSA. PHMSA acknowledges Tian Cheng Pyrotechnics
Laboratory's comments and always welcomes direct contact with the FCAs
on any issue they are encountering. PHMSA also holds yearly meetings to
address concerns from authorized FCAs and will continue to do so in
order to provide further technical support for the approval of
fireworks and related devices constructed to the APA 87-1B and APA 87-
1C standards.
Separately, PHMSA notes the NPRM inadvertently proposed to revise
the HMT entry for ``UN0430, Articles, pyrotechnic'' (to include revised
Special Provision 200) instead of revising the HMT entry ``UN0101,
Fuse, non-detonating.'' In this final rule, PHMSA is correcting this
error by amending the UN0101 HMT entry. PHMSA further notes that the
proposed changes to 49 CFR 107.402 are being revised to address the
inadvertent inclusion of UN0101 as part of the APA 87-1C standard.
UN0101 is associated with the APA 87-1B standard, not the APA 87-1C
standard. Lastly, PHMSA is clarifying the manufacturer certification
requirement in 49 CFR 173.64(a)(3) for duplicate FCA applications to
apply to all APA standards, not only APA 87-1A.
For these reasons, PHMSA is publishing this final rule to allow
FCAs to approve fireworks constructed to the APA 87-1B and APA 87-1C
standards. PHMSA finds these revisions will not have any adverse impact
on safety.
III. Incorporation by Reference Discussion Under 1 CFR Part 51
According to the Office of Management and Budget (OMB), Circular A-
119, ``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities,''
government agencies must use voluntary consensus standards wherever
practical in the development of regulations.
PHMSA currently incorporates by reference into the HMR all or parts
of numerous standards and specifications developed and published by
standard development organizations (SDO). In general, SDOs accredited
as voluntary consensus standards bodies develop, establish, or
coordinate technical standards using agreed-upon procedures and update
and revise their published standards every two to five years to reflect
modern technology and best technical practices. The National Technology
Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs
Federal agencies to use standards developed by voluntary consensus
standards bodies in lieu of government-written standards whenever
possible. The 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.\3\ This circular provides guidance for agencies participating
in voluntary consensus standards bodies and describes procedures for
satisfying the reporting requirements in the NTTAA.
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\3\ 81 FR 4673 (Jan. 27, 2016).
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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 OMB 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 rulemaking 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.\4\
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\4\ See ``Incorporation by Reference,'' 79 FR 66267, 66278 (Nov.
7, 2014).
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In this final rule, PHMSA is adding a reference to Sec. 173.65 to
the already incorporated by reference APA publications in Sec.
171.7(f)(2) and (3) titled ``APA 87-1B: Standard for the Construction,
Classification, Approval, and Transportation of Display Fireworks'' and
``APA 87-1C: Standard for the Construction, Classification, Approval,
and Transportation of Entertainment Industry and Technical (EI&T)
Pyrotechnics.'' The APA offers these standards for free on their
website at <a href="https://www.americanpyro.com/">https://www.americanpyro.com/</a>.
[[Page 51100]]
IV. Regulatory Analysis and Notices
A. Legal Authority
This final rule is published under the authority of the Secretary
of Transportation as 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 Order 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 (Regulatory Planning and Review), as
implemented by 49 CFR part 5, subpart B, requires agencies to regulate
in the ``most cost-effective manner,'' to make a ``reasoned
determination that the benefits of the intended regulation justify its
costs,'' and to develop regulations that ``impose the least burden on
society.'' \5\ In arriving at those conclusions, E.O. 12866 requires
that agencies should consider ``both quantifiable measures . . . and
qualitative measures of costs and benefits that are difficult to
quantify'' and ``maximize net benefits . . . unless a statute requires
another regulatory approach.'' E.O. 12866 also requires that ``agencies
should assess all costs and benefits of available regulatory
alternatives, including the alternative of not regulating.'' Pursuant
to 49 CFR part 5, subpart B, PHMSA and other Operating Administrations
must generally choose the ``least costly regulatory alternative that
achieves the relevant objectives'' unless required by law or compelling
safety need. In addition, 49 CFR part 5, subpart B specifies that
regulations should generally ``not be issued unless their benefits are
expected to exceed their costs.''
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\5\ 58 FR 51735 (Oct. 4, 1993); 91 FR 22431 (Apr. 27, 2026); DOT
Order 2100.7 (Ensuring Reliance Upon Sound Economic Analysis in
Department of Transportation Policies, Programs, and Activities);
see also DOT Order 2100.6B (Policies and Procedures for
Rulemakings).
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E.O. 12866 and 49 CFR part 5, subpart B 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 been designated 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 as
implemented by 49 CFR part 5, subpart B and determined that this final
rule will result in cost savings by providing industry with more
options for the expedited processing of display and technical
fireworks. PHMSA finds those cost savings will also result in reduced
costs for the public to whom those entities may generally transfer a
portion of their compliance costs.
C. Executive Orders 14192 and 14219
PHMSA has determined that this final rule is an E.O. 14192
(Unleashing Prosperity Through Deregulation) deregulatory action.\6\
PHMSA finds the total costs of the final 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 (Ensuring
Lawful Governance) indicative of a regulation that is ``unlawful . . .
[or] that undermine[s] the national interest.'' \7\
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\6\ 90 FR 9065 (Feb. 6, 2025).
\7\ 90 FR 10583 (Feb. 25, 2025).
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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). 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 to be consistent with E.O. 14156 and E.O. 14154
because it will not hinder or unduly burden the transportation or
production of energy or energy-related products.
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), which requires Federal
agencies to prepare a Statement of Energy Effects for any ``significant
energy action.'' \8\ 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.
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\8\ 66 FR 28355 (May 22, 2001).
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E. Executive Order 13132: Federalism
PHMSA analyzed this final rule in accordance with the principles
and criteria contained in E.O. 13132 (Federalism) and the Presidential
Memorandum (Preemption) published in the Federal Register on May 22,
2009.\9\ E.O. 13132 requires agencies to assure meaningful and timely
input by State and local officials in the development of regulatory
policies that may have ``substantial direct effects on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' The Federal Hazardous Materials Transportation Laws
contain an express preemption provision at 49 U.S.C. 5125(b) that
preempts State, local, and Tribal requirements on certain covered
subjects, unless the non-Federal requirements are ``substantively the
same'' as the Federal requirements, including the following:
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\9\ 64 FR 43255 (Aug. 10, 1999); 74 FR 24693 (May 22, 2009).
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(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This final rule addresses items covered in Paragraph (1) above and
would preempt State, local, and Tribal requirements not meeting the
``substantively the same'' standard. Though the final rule may (when
finalized) operate to preempt some State requirements, it would not
impose any regulation that has substantial direct effects on the
States, the relationship between the National Government and the
States, or the distribution of power and responsibilities among the
various levels of government. The preemptive effect of the regulatory
amendments in this 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.
[[Page 51101]]
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to conduct 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
promoting compliance with the Regulatory Flexibility Act.\10\ DOT posts
information on a dedicated web page to help small businesses understand
and navigate Federal regulatory processes.\11\ PHMSA developed this
final rule in accordance with E.O. 13272 and DOT implementing guidance
to ensure compliance with the Regulatory Flexibility Act. The final
rule will reduce burdens. Therefore, PHMSA certifies the final rule
does not have a significant impact on a substantial number of small
entities.
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\10\ 67 FR 53461 (Aug. 16, 2002).
\11\ DOT, Rulemaking Requirements Related to Small Entities
(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>.
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G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of Federal regulatory actions
on State, local, and Tribal governments, and the private sector. For
any proposed or final rule that includes a Federal mandate that may
result in the expenditure by State, local, and Tribal governments, in
the aggregate of $100 million or more (in 1996 dollars) in any given
year, the agency must prepare, among other things, a written statement
that qualitatively and quantitatively assesses the costs and benefits
of the Federal mandate.
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.
H. 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 determined it is
categorically excluded 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
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.\12\
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\12\ DOT, PHMSA, Implementing Procedures (Aug. 28, 2025),
<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>.
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I. Executive Order 13175
PHMSA analyzed this final rule according to the principles and
criteria in E.O. 13175 (Consultation and Coordination with Indian
Tribal Governments) and DOT Order 5301.1A (Department of Transportation
Tribal Consultation Policies and Procedures).\13\ E.O. 13175 requires
agencies to assure meaningful and timely input from Tribal government
representatives in the development of rules that significantly or
uniquely affect Tribal communities by imposing ``substantial direct
compliance costs'' or ``substantial direct effects'' on such
communities or the relationship or distribution of power between the
Federal Government and Tribes.
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\13\ 65 FR 67249 (Nov. 9, 2000).
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PHMSA assessed the impact of the final rule and determined that it
would not significantly or uniquely affect Tribal communities or Indian
Tribal governments. The rulemaking's regulatory amendments have a
broad, national scope; therefore, this 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, PHMSA has concluded that the funding and
consultation requirements of E.O. 13175 and DOT Order 5301.1A do not
apply.
J. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR 1320.8(d) requires that PHMSA provide
interested members of the public and affected agencies with an
opportunity to comment on information collection and recordkeeping
requests. This rulemaking will not create, amend, or rescind any
existing information collections.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (Promoting International Regulatory Cooperation)
requires agencies to 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.\14\ In meeting shared
challenges involving health, safety, labor, security, environmental,
and other issues, international regulatory cooperation can identify
approaches that are at least as protective as those that are or would
be adopted in the absence of such cooperation. International regulatory
cooperation can also reduce, eliminate, or prevent unnecessary
differences in regulatory requirements.
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\14\ 77 FR 26413 (May 4, 2012).
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Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA engages with international standards setting bodies to
protect the safety of the American public. PHMSA has assessed the
effects of the final rule and has determined that its regulatory
amendments will not cause unnecessary obstacles to foreign trade.
L. Cybersecurity and Executive Order 14028
E.O. 14028 (Improving the Nation's Cybersecurity) directed the
Federal Government to improve its efforts to identify, to deter, and to
respond to ``persistent and increasingly sophisticated malicious cyber
campaigns.'' \15\ PHMSA has considered the effects of the final rule
and has determined that its regulatory amendments will not materially
affect the cybersecurity risk profile for affected entities.
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\15\ 86 FR 26633 (May 17, 2021).
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[[Page 51102]]
M. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its rulemaking process better. 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="http://www.dot.gov/privacy">http://www.dot.gov/privacy</a>. DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000, or on DOT's website at
<a href="http://www.dot.gov/privacy">http://www.dot.gov/privacy</a>.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements.
In consideration of the foregoing, PHMSA 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. 107.402, revise paragraph (d) to read as follows:
Sec. 107.402 Application for designation as a certification agency.
* * * * *
(d) Fireworks Certification Agency. A person must apply to, and be
approved by, the Associate Administrator to act as a Fireworks
Certification Agency before reviewing and certifying Division 1.4G
consumer fireworks (UN0336) for compliance with the APA 87-1A standard,
excluding appendices II through VI, or Division 1.3G display fireworks
and fuses (UN0101 or UN0335) for compliance with the APA 87-1B
standard, or Division 1.4G entertainment industry and technical
pyrotechnics (UN0431) for compliance with the APA 87-1C standard, as
specified in part 173 of this chapter. APA 87-1A, B, and C (the APA 87-
1 standards) are incorporated by reference for use in part 173 of this
chapter (see Sec. 171.7 of this chapter for availability).
(1) Fireworks Certification Agency applicant requirements. The
Fireworks Certification Agency applicant must--
(i) Be a U.S. resident, or for a non-U.S. resident, have a
designated U.S. agent representative as specified in Sec. 105.40 of
this subchapter;
(ii) Employ personnel with work experience in manufacturing or
testing of fireworks or explosives; or a combination of work experience
in manufacturing or testing of fireworks or explosives and a degree in
the physical sciences or engineering from an accredited university;
(iii) Have the ability to:
(A) Review design drawings, and applications to certify that they
are in accordance with APA 87-1A, APA 87-1B, or APA 87-1C; and
(B) Verify that the applicant has certified the thermal stability
test procedures and results.
(iv) Must be independent of and not owned by any fireworks,
pyrotechnic devices, or fuses manufacturer, distributor, import or
export company, or proprietorship.
(2) Fireworks Certification Agency application submittal
requirements. In addition to the requirements of paragraphs (b) and
(d)(1) of this section, the Fireworks Certification Agency application
must include--
(i) Name, address, and country of each facility where Division 1.3G
or 1.4G applications are reviewed and certified;
(ii) Which component of APA 87-1A, APA 87-1B, or APA 87-1C under
which they want to be approved to certify.
(iii) A detailed description of the qualifications of each
individual the applicant proposes to employ to review, and certify that
the requirements specified by part 173 of this chapter and APA 87-1A,
APA 87-1B, or APA 87-1C have been met;
(iv) Written operating procedures to be used by the Fireworks
Certification Agency to review and certify that a Division 1.3G or 1.4G
fireworks, pyrotechnic devices, or fuses application meets the
requirements specified in the APA 87-1 standards;
(v) Name, address, and principal business activity of each person
having any direct or indirect interest in the applicant greater than
three percent and any direct or indirect ownership interest in each
subsidiary or division of the applicant; and
(vi) A statement that the applicant will perform its functions
independent of the manufacturers, transporters, importers, and owners
of the fireworks, pyrotechnic devices, or fuses.
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
3. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 701 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
4. In Sec. 171.7, revise paragraph (f) to read as follows:
Sec. 171.7 Reference material.
* * * * *
(f) American Pyrotechnics Association (APA), P.O. Box 30438,
Bethesda, MD 20824; (301) 907-8181; <a href="http://www.americanpyro.com">www.americanpyro.com</a>.
(1) APA 87-1A: Standard for the Construction, Classification,
Approval and Transportation of Consumer Fireworks, final draft January
1, 2018 (excluding appendices II through VI), into Sec. Sec. 173.59;
173.64; 173.65.
(2) APA 87-1B: Standard for the Construction, Classification,
Approval, and Transportation of Display Fireworks, final draft January
1, 2018 (excluding appendices II through IV); into Sec. Sec. 173.64;
173.65.
(3) APA 87-1C: Standard for the Construction, Classification,
Approval, and Transportation of Entertainment Industry and Technical
(EI&T) Pyrotechnics, final draft January 1, 2018 (excluding appendices
II through IV); into Sec. Sec. 173.64; 173.65.
* * * * *
0
5. In Sec. 171.8, revise the definition for ``FC number'' to read as
follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
FC number means a number preceded by the prefix ``FC'' assigned by
a Fireworks Certification Agency to a firework, pyrotechnic device, or
fuse that has been certified under the provisions of Sec. 173.65 of
this subchapter.
* * * * *
[[Page 51103]]
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
6. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96, and
1.97.
0
7. In Sec. 172.101, the Hazardous Materials Table is amended by
revising entries under ``[REVISE]'' to read as follows:
Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) (9) (10)
--------------------------------------------------------------------------------------------------
Hazardous materials Hazard Special Packaging (Sec. 173.* * *) Quantity limitations (see Sec. Vessel stowage
Symbols descriptions and proper class or Identification PG Label provisions ------------------------------------------ Sec. 173.27 and 175.75) --------------------
shipping names division No. codes (Sec. ------------------------------------
172.102) Exceptions Non- Bulk Passenger Cargo aircraft Location Other
bulk aircraft/rail only
(1) (2)........................ (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REVISE]
* * * * * * *
Articles, pyrotechnic for 1.4G UN0431 ..... 1.4G 200,381 None 62 None Forbidden 75kg 02 25
technical purposes.
* * * * * * *
Fireworks.................. 1.3G UN0335 ..... 1.3G 108, 200 None 62 None Forbidden Forbidden 03 25
* * * * * * *
Fuse, non-detonating 1.3G UN0101 ..... 1.3G 200 None 62 None Forbidden Forbidden 03 25
instantaneous or
quickmatch.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
8. In Sec. 172.102, revise paragraph (c)(1) special provision 200 to
read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
200 Fireworks, pyrotechnic devices, or fuses may be certified for
transportation by a DOT-approved Fireworks Certification Agency in
accordance with the provisions of Sec. 173.65 of this subchapter.
* * * * *
0
9. In Sec. 172.320, revise paragraph (b)(2) to read as follows:
Sec. 172.320 Explosive hazardous materials.
* * * * *
(b) * * *
(2) For fireworks, pyrotechnic devices, or fuses reviewed by a
Fireworks Certification Agency approved in accordance with 49 CFR part
107 subpart E and certified in accordance with Sec. 173.65, with the
FC number assigned by a DOT-approved Fireworks Certification Agency.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
10. 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
11. In Sec. 173.64, revise paragraph (a) introductory text and
paragraph (a)(3) 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 all of the following
conditions are met:
* * * * *
(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
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) of this part.
* * * * *
0
12. Revise Sec. 173.65 to read as follows:
Sec. 173.65 Exceptions for Division 1.3G or 1.4G fireworks,
pyrotechnic devices, or fuses certification by a Fireworks
Certification Agency.
(a) Applicability. Notwithstanding the requirements of Sec. Sec.
173.56(b), 173.56(f), 173.56(i), and 173.64, Division 1.3G or 1.4G
fireworks, pyrotechnic devices, or fuses may be offered for
transportation provided the following conditions are met:
[[Page 51104]]
(1) The fireworks, pyrotechnic devices, or fuses are 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), as appropriate;
(2) The device must pass a thermal stability test. The test must be
performed by maintaining the device, or a representative prototype of
the device, at a temperature of 75 [deg]C (167 [deg]F) for 48
consecutive hours. When a device contains more than one component,
those components that could be in physical contact with each other in
the finished device must be placed in contact with each other during
the thermal stability test;
(3) The manufacturer of the firework, pyrotechnic device, or fuse
applies in writing to a DOT-approved Fireworks Certification Agency,
and is notified in writing by the DOT-approved Fireworks Certification
Agency that the firework has been:
(i) Certified that it complies with the APA 87-1A, APA 87-1B, and
APA 87-1C, as appropriate, and meets the requirements of this section;
and
(ii) Assigned an FC number.
(4) The manufacturer's application must be complete and include:
(i) Detailed diagram of the device;
(ii) Complete list of the chemical compositions, formulations and
quantities used in the device;
(iii) Results of the thermal stability test; and
(iv) Signed certification declaring that the device for which
certification is requested conforms to the APA 87-1A, APA 87-1B, and
APA 87-1C, as appropriate, that the descriptions and technical
information contained in the application are complete and accurate, and
that no duplicate applications have been submitted to PHMSA. If the
application is denied, the Fireworks Certification Agency must notify
the manufacturer in writing of the reasons for the denial. As detailed
in the DOT-approval issued to the Fireworks Certification Agency,
following the issuance of a denial from a Fireworks Certification
Agency, a manufacturer may seek reconsideration from the Fireworks
Certification Agency, or may appeal the reconsideration decision of the
Fireworks Certification Agency to the PHMSA Administrator.
(5) Fireworks Certification Agencies are only permitted to
authorize UN0431 Articles, pyrotechnic under APA 87-1C.
(b) Recordkeeping requirements. Following the certification of each
firework, pyrotechnic device, or fuse as permitted by paragraph (a) of
this section, the manufacturer and importer must maintain a paper
record or an electronic image of the certificate, demonstrating
compliance with this section. Each record must clearly provide the
unique identifier assigned to the device and the Fireworks
Certification Agency that certified the device. The record must be
accessible at or through its principal place of business and be made
available, upon request, to an authorized official of a Federal, State,
or local government agency at a reasonable time and location. Copies of
certification records must be maintained by each importer,
manufacturer, or a foreign manufacturer's U.S. agent, for five (5)
years after the device is imported. The certification record must be
made available to a representative of PHMSA upon request.
Issued in Washington, DC, on August 4, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2026-16111 Filed 8-6-26; 8:45 am]
BILLING CODE 4910-60-P
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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.