83514 Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Proposed Rules 

Dated: November 23, 2023. 

R.D. Manning, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Los Angeles-Long Beach. 

[FR Doc. 2023–26341 Filed 11–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA proposes to amend 

the Hazardous Materials Regulations to 

revise the classification and approval 

process for certain low-hazard 

fireworks; to revise classification criteria 

for small arms cartridges to include 

tracer ammunition; to include the 

PHMSA portal as the method to submit 

applications for all explosives 

approvals; and to allow for voluntary 

termination of an explosive approval by 

the approval holder. 

DATES: Comments must be submitted by 

February 28, 2024. PHMSA will 

consider late-filed comments to the 

extent possible. 

ADDRESSES: You may submit comments 

by identification of the docket number 

(PHMSA–2020–0103 [HM–257A]) by 

any of the following methods: 

Federal Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Fax: 1–202–493–2251. 

Mail: Docket Management System, 

U.S. Department of Transportation, 

Docket Operations, M–30, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001 between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: Include the agency name 

and docket number PHMSA–2020–0103 

(HM–257A) or RIN 2137–AF50 for this 

rulemaking at the beginning of your 

comment. Note that all comments 

received will be posted without change 

to https://www.regulations.gov 

including any personal information 

provided. If sent by mail, comments 

must be submitted in duplicate. Persons 

wishing to receive confirmation of 

receipt of their comments must include 

a self-addressed stamped postcard. 

Docket: For access to the public 

docket to read background documents 

or comments received, visit https://

www.regulations.gov or the DOT Docket 

Operations Office (see ADDRESSES). 

Confidential Business Information: 

Confidential Business Information (CBI) 

is commercial or financial information 

that is both customarily and actually 

treated as private by its owner. Under 

the Freedom of Information Act (FOIA; 

5 U.S.C. 552), CBI is exempt from public 

disclosure. If your comments responsive 

to this NPRM contain commercial or 

financial information that is customarily 

treated as private, that you actually treat 

as private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ Submissions containing 

CBI should be sent to Eugenio Cardez, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. Any commentary PHMSA 

receives that is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Eugenio Cardez, Transportation 

Specialist, Standards and Rulemaking 

Division, Office of Hazardous Materials 

Safety, 202–366–8553, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. Low Hazard Fireworks 

B. Tracer Ammunition 

C. Changes to the Approvals Process 

II. Incorporation by Reference Discussion 

Under 1 CFR Part 51 

III. Proposed Amendments 

A. Establishing Exceptions for Ground and 

Novelty Device Fireworks 

B. Authorizing the Self-Classification of 

Tracer Ammunition 

C. Amending the Approvals Process 

IV. Section-by-Section Review 

V. Regulatory Analyses and Notices 

A. Statutory/Legal Authority 

B. Executive Orders 12866 and 14094; DOT 

Regulatory Policies and Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act and Executive 

Order 13272 

F. Paperwork Reduction Act 

G. Unfunded Mandates Reform Act of 1995 

H. Draft Environmental Assessment 

I. Privacy Act 

J. Executive Order 13609 and International 

Trade Analysis 

K. National Technology Transfer and 

Advancement Act 

L. Severability 

M. Cybersecurity and Executive Order 

14028 

I. Background 

The pyrotechnic industry is a global 

logistics supply chain comprised of 

mostly foreign fireworks manufacturers 

and domestic importers, retailers, 

distributors, carriers, and consumers. 

Fireworks are a Class 1 explosive 

material in accordance with the 

Hazardous Materials Regulations (HMR; 

49 Code of Federal Regulations (CFR) 

parts 171–180). Class 1 explosives are 

divided into six divisions based on their 

explosion hazard: 1.1, 1.2, 1.3, 1.4, 1.5, 

and 1.6. PHMSA proposes to amend the 

classification and approval process of 

certain low-hazard fireworks of Division 

1.4G. As defined in § 173.50 of the 

HMR, Division 1.4 consists of 

explosives that present a minor 

explosion hazard. Division 1.4 

explosives have explosive effects that 

are largely confined to the package; no 

projection of fragments of appreciable 

size or range is to be expected; and an 

external fire must not cause virtually 

instantaneous explosion of almost the 

entire contents of the package. 

Explosives are assigned compatibility 

codes used to specify the controls for 

the transportation, and storage related 

thereto, of explosives and to prevent an 

increase in hazard that might result if 

certain types of explosives were stored 

or transported together. Explosives 

assigned a ‘‘G’’ code are not limited to 

fireworks and may also be defined as 

pyrotechnic substances or articles 

containing a pyrotechnic substance, or 

articles containing both an explosive 

substance and an illuminating, 

incendiary, tear-producing or smokeproducing substance. 

Subpart C of part 173 details 

requirements for the classification and 

packaging of Class 1 explosive materials 

and specifies that explosives, including 

fireworks, must be approved and 

assigned an explosives approval number 

—i.e., an EX number—by PHMSA, 

based on actual testing and 

classification, prior to transportation to, 

from, and within the United States. 

Section 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 American Pyrotechnic Association 

(APA) Standards 87–1A, 1B, and 1C, 


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1The 2018 APA Standards 87–1A, 1B, and 1C 

were incorporated by reference in the Hazardous 

Materials: Adoption of Miscellaneous Petitions To 

Reduce Regulatory Burdens Final Rule. 85 FR 

75680 (Nov. 25, 2020). See https://www.federal

register.gov/documents/2020/11/25/2020-23712/ 

hazardous-materials-adoption-of-miscellaneouspetitions-to-reduce-regulatory-burdens. 

2The PRIA is available in the regulatory docket 

(Docket ID: PHMSA–2020–0103) at 

www.regulations.gov. 

3https://www.phmsa.dot.gov/sites/ 

phmsa.dot.gov/files/2021-09/2018%20APA%2087- 

1%20A.pdf. 

4Report: A concussive effect and flash of light 

produced by the ignition of a chemical 

composition. 

5The PHMSA QA/QC Low Hazard Fireworks 

Review Program is currently under development 

while completing development of the electronic 

process, and when finalized will be similar to the 

PHMSA Fireworks FCA QA/QC Review Program. 

6See ‘‘Guidance and Criteria for Fireworks 

Novelties,’’ available at: https://www.phmsa.

dot.gov/sites/phmsa.dot.gov/files/docs/approvalsand-permits/hazmat/energetic-materials-approvals/ 

57711/inalguidancefandcriteriaforfireworksnovelty

devices03192015.pdf. 

which are incorporated by reference in 

§ 171.7.1 Further, § 173.65 permits—in 

lieu of an approval—Division 1.4G 

consumer fireworks (as defined in 

§ 171.8) to be certified by a DOTapproved Fireworks Certification 

Agency (FCA). After the FCA reviews 

the consumer fireworks application and 

certifies it meets the requirements, the 

FCA assigns an FC number in place of 

an EX number for Division 1.4G 

consumer fireworks. 

All fireworks transported to, from, 

and within the United States must be 

approved by PHMSA or certified by an 

FCA. The current approval process 

requires PHMSA personnel to conduct a 

multi-step review of each application, 

which includes accepting an 

application, entering application data 

into a database; reviewing the 

application for completeness and 

compliance with the APA standard; 

drafting the final action letter; 

conducting the final review; and signing 

and issuing the final approval. PHMSA 

estimates its review process takes about 

two hours per application, for an 

estimated 425 labor hours annually. 

PHMSA provides approvals free of 

charge as a public service to 

manufacturers. However, manufacturers 

have the option to use commercial FCAs 

for Division 1.4 consumer fireworks, 

which certify products for a fee, and 

may process approvals faster. See the 

preliminary regulatory impact analysis 

(PRIA) in the docket for this rulemaking 

for additional information.2

A. Low Hazard Fireworks 

Low hazard fireworks refer to a group 

of 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 devices have a minimal 

and well-understood hazard as 

explosives. Specifically, low hazard 

fireworks can only be manufactured 

using chemicals from the ‘‘Permitted 

and Restricted Chemical Table for 

Consumer Fireworks and Novelties,’’ 3

and reports 4 are restricted to 50 

milligrams of report composition. The 

European community conducted 

extensive fireworks testing prior to the 

development of the United Nations (UN) 

default fireworks table. The devices 

proposed under this rulemaking for 

classification as Division 1.4G fireworks 

are consistent with the UN default table, 

as well as 30 years of classification 

experience under the APA standards. 

Low hazard fireworks include ground 

and novelty firework devices, as 

currently listed in the 2018 APA 

Standard 87–1A. 

Ground Devices 

The 2018 APA Standard 87–1A 

defines ‘‘ground device’’ as a device 

designed to produce its effects at or near 

ground level. The following 17 

individual ground devices are defined 

as low hazard fireworks and may be 

approved or certified for transportation 

in accordance with the HMR provided 

they meet the 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 Wire Sparkler or Dipped Stick. 

Ground devices meeting the 

provisions of the 2018 APA Standard 

87–1A are classified and described as 

‘‘UN0336, Fireworks, Division 1.4G.’’ 

Currently, ground devices are either 

approved by PHMSA personnel or 

certified by an FCA upon completion of 

a multi-step review of each application. 

PHMSA proposes streamlining the 

approval or certification process of these 

fireworks by allowing self-certification 

using an online application in the 

PHMSA portal with an automated 

process for review and issuance of a 

certification. This automated process 

may be used for the low hazard 

fireworks identified in this rule in lieu 

of the current process and would no 

longer require PHMSA or FCA 

personnel to conduct time-consuming 

reviews of each application or impose a 

cost on manufacturers who opt to use a 

FCA to certify these fireworks. 

Manufacturers of fireworks that meet 

the required criteria for the 

construction, formulation, and 

packaging of these ground devices— 

specifically discussed in Section II: 

Proposed Amendments—would certify 

compliance with specified conditions 

and limitations online and receive a 

certificate with a unique identifier 

number (i.e., FW number) for each 

firework type. The online system will 

provide immediate comparison of the 

technical information provided against 

the criteria established for low hazard 

fireworks. Because of the low hazard 

associated with these fireworks, and 

because we maintain oversight through 

PHMSA’s Quality Assurance and 

Quality Control (QA/QC) review 

program 5 of applications submitted 

through the PHMSA portal, PHMSA 

believes the current safety level for 

transport of these fireworks will be 

maintained when using this process for 

certification of eligible ground device 

fireworks. 

Multi-tube devices, such as cake and 

combination fireworks devices, are 

excluded from this rulemaking. PHMSA 

is not proposing that multi-tube devices 

be allowed to be self-certified via the 

PHMSA portal at this time; however, 

manufacturers will still use the PHMSA 

portal for submitting an application for 

the standard explosive approval. 

Novelty Devices 

In 1995, PHMSA issued ‘‘Guidance 

and Criteria for Fireworks Novelties,’’ 

which sought to resolve confusion 

regarding novelty devices (i.e., 

novelties) and PHMSA’s explosives 

regulations. The guidance document 

was later reissued under the same name 

in 2005 and 2015, with only editorial 

changes. The current version 6 includes 

five novelties that—when shipped 

domestically by ground, rail, or vessel— 

may be transported as not regulated as 

explosives when manufactured in 

accordance with the provisions outlined 

for each type of device as specified in 

the 2001 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 for 

consideration for approval or 

certification for transportation as not 

subject to further regulation in 

accordance with proposed changes to 

the HMR, 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 

these novelties are prepared for 


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7The PHMSA portal is available online at https:// 

portal.phmsa.dot.gov/phmsapub/faces/

PHMSAHome;PHMSAPUB_SESSIONID=aHhG4dI

f1U0E2nq599uvQ-RWl3nzKlgWsLSOcwxPNzx

1te7cDD3R!883673165?req=-37101577

19365173927&attempt=0&_afrLoop=16868275

84595767&_afrWindowMode=0&_

afrWindowId=null&_adf.ctrl-state=ns6jrdcpu_1. 8 79 FR 66278 (Nov. 7, 2014). 

transportation by air, they must be 

classified and described as ‘‘UN3178, 

Flammable solid, inorganic, n.o.s. 

(novelties)’’ and shipped in accordance 

with requirements of the HMR. 

A PHMSA approval or FCA 

certification is not required for novelties 

manufactured in accordance with the 

provisions outlined for each type 

specified in the APA standards when 

transported domestically by ground, 

rail, or vessel, but this exception is only 

applicable within the United States and 

its territories. PHMSA proposes to 

authorize the use of the automated selfcertification process to enable the 

manufacturer to receive a certificate for 

use with international transportation. 

Manufacturers of novelties meeting the 

required criteria for the construction, 

formulation, and packaging of these 

devices would certify compliance with 

specified conditions and limitations 

online and receive a certificate with a 

unique identifier (defined as an ‘‘FW 

number’’) for each firework type, in the 

same manner proposed for ground 

devices. 

There have been no systemic safety 

issues or safety concerns involving 

shipments of novelties that meet the 

requirements of both the APA standards 

and PHMSA’s guidance memo. The 

history of safe shipments helps 

demonstrate that the proposed 

amendment will not have an adverse 

effect on safe transportation of these 

fireworks. Rather, the proposed changes 

++in this NPRM will codify existing 

guidance to promote increased 

regulatory clarity and consistency, 

which will—at a minimum—maintain 

the current level of safety. Publication of 

a final rule will supersede previously 

issued guidance on this matter. 

B. Tracer Ammunition 

Section 173.56(h) authorizes selfclassification of certain types of small 

arms cartridges into Division 1.4S, 

provided certain conditions are met. 

Explosives assigned an ‘‘S’’ code are 

defined as substances or articles so 

packed or designed that any hazardous 

effects arising from accidental 

functioning are limited to the extent that 

they do not significantly hinder or 

prohibit firefighting or other emergency 

response efforts in the immediate 

vicinity of the package. In particular, 

§ 173.56(h)(3) specifies a condition that 

the ammunition has an inert projectile 

or is blank. However, the current criteria 

is silent on whether this ammunition 

includes tracer ammunition. Tracer 

ammunition utilizes a small amount of 

a pyrotechnic charges at the base or as 

coating of the projectile to make the 

trajectory of the projectile visible to the 

naked eye. As such, considering the 

§ 173.56(h)(3) condition, affected 

entities have expressed uncertainty 

whether tracer ammunition is 

considered inert and, therefore, qualifies 

for the exception in paragraph (h). 

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 

in a bonfire test nor make unintentional 

initiation any more likely. In this 

rulemaking, PHMSA is considering 

allowing tracer ammunition to be 

eligible for self-classification as a 

Division 1.4S material provided all 

criteria outlined in § 173.56(h) are met. 

C. Changes to the Approval Process 

Currently, as part of the Hazardous 

Materials Program Procedures, in 49 

CFR 107.705, the approval process for 

submitting applications includes mail, 

email, or fax. Although not explicitly 

stated, PHMSA also accepts 

applications for approvals submitted 

through the PHMSA portal.7 PHMSA 

proposes to amend 49 CFR 107.705 to 

add the PHMSA portal to the current 

options to submit all types of approval 

applications, and to specify that use of 

the PHMSA portal will be the only 

option to submit explosives approval 

applications and to self-certify 

manufacture of low hazard fireworks. 

To be clear, PHMSA proposes that from 

the effective date of a published final 

rule, persons will no longer be able to 

submit explosives approval applications 

by mail, email, or fax and must use the 

PHMSA portal. PHMSA believes 

efficiencies will be gained by moving to 

an electronic only service. 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 II.C.’’ 

Furthermore, 49 CFR 107.713 

describes the process for the 

modification, suspension, and 

termination of approvals. As currently 

prescribed in 49 CFR 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. PHMSA proposes 

to add a new paragraph (e) to allow 

approval holders to request termination 

of approvals, and to revise paragraph (c) 

to clarify that when an approval holder 

voluntarily seeks to terminate an 

approval, PHMSA is not required to 

issue a show cause letter. 

II. 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 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. Voluntary consensus standards 

bodies develop, establish, or coordinate 

technical standards using agreed-upon 

procedures. OMB issued Circular A–119 

to implement section 12(d) of the 

NTTAA relative to the utilization of 

consensus technical standards by 

Federal agencies. This circular provides 

guidance for agencies participating in 

voluntary consensus standards bodies 

and describes procedures for satisfying 

the reporting requirements in the 

NTTAA. Accordingly, 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. 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 8 that 


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9 58 FR 51735 (Oct. 4, 1993). 

10Multi-tube devices are devices with more than 

one tube that contains fireworks (i.e., pyrotechnic 

effects). 

revised 1 CFR 51.5 to require that an 

agency detail in the preamble of an 

NPRM 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. 

The following standards appear in the 

regulatory text of this NPRM and have 

already been approved for the locations 

in which they appear: (1) APA 87–1A: 

Standard for the Construction, 

Classification, Approval and 

Transportation of Consumer Fireworks; 

(2) APA 87–1B: Standard for the 

Construction, Classification, Approval, 

and Transportation of Display 

Fireworks; and (3) APA 87–1C: 

Standard for the Construction, 

Classification, Approval, and 

Transportation of Entertainment 

Industry and Technical Pyrotechnics. 

No changes to these standards are 

proposed in this NPRM. 

III. Proposed Amendments 

To streamline procedural 

requirements for fireworks 

manufacturers and shippers, PHMSA 

proposes changes to the regulations 

relating to PHMSA’s explosives 

approval program specific to fireworks. 

PHMSA also proposes changes to the 

HMR to address classification and 

packaging inconsistencies for tracer 

ammunition. PHMSA will continue to 

use the current approval process for 

Division 1.4G consumer fireworks in 

accordance with requirements specified 

in §§ 173.56(b), (f), or (i), and 173.65. 

However, instead of the current 

approval process, PHMSA proposes to 

permit manufacturers to self-certify 

classification of certain ground and 

novelty device fireworks using the 

PHMSA portal, as discussed previously 

and further below. Furthermore, 

PHMSA proposes to revise the selfclassification of inert projectile 

cartridges in § 173.56(h) to include 

tracer ammunition; amend 49 CFR 

107.705 to require use of the PHMSA 

portal as the only submittal option for 

explosives approval applications; and 

amend 49 CFR 107.713 to clarify that an 

approval holder may voluntarily 

terminate an approval and that a show 

cause letter from PHMSA is unnecessary 

when approval holders request to 

terminate approvals voluntarily. 

In the PRIA supporting this 

rulemaking, PHMSA determined that 

the aggregate benefits of the 

amendments proposed justify their 

aggregate costs. If adopted in a final 

rule, the amendments proposed herein 

are expected to reduce the paperwork 

burden on the regulated community and 

PHMSA personnel since fewer paperbased explosives approval applications 

will be submitted and processed. The 

overall net benefits include a cost 

savings of 425 labor hours annually. See 

the PRIA for additional information. 

These cost savings will not have a 

material effect on the safety impact of 

PHMSA’s explosives approval program. 

A. Establishing Exceptions for Ground 

and Novelty Device Fireworks 

PHMSA proposes to revise § 173.64 to 

outline the exceptions for ground and 

novelty device fireworks. Specifically, 

for certain low hazard fireworks of these 

types, the section would authorize 

exception from the standard explosive 

device approval process for 

classification of Division 1.4G fireworks. 

These exceptions would be 

implemented by establishing an 

automated process within the PHMSA 

portal for self-certification, review of the 

information provided, and issuance of a 

certificate with a unique identification 

(i.e., FW number). This process may be 

used for the ground and novelty devices 

identified in this rulemaking in lieu of 

the current explosive approval process. 

PHMSA personnel would no longer be 

required to conduct a time-consuming 

review of each application. The 

automated review process will require 

the same information as currently 

required by the HMR. However, the 

diagram of the device and chemical 

formulation sheets will not require 

firsthand review by PHMSA personnel 

when compliance is certified by the 

applicant. PHMSA believes this 

proposed change is consistent with our 

Agency mission to protect the health 

and safety of the public and the 

environment, and consistent with 

Executive Order 12866 9 that in part 

calls for agencies to examine existing 

regulations and identify and assess 

available alternatives to direct 

regulation. In this case, the current 

regulations to ensure the safe transport 

of explosives require explosives—such 

as fireworks—to be examined, classed, 

and approved by PHMSA; and further 

that certain fireworks manufactured 

according to APA 87–1A may be 

certified for transportation by a DOTapproved FCA instead. PHMSA believes 

that upon examination of the existing 

regulation and in consideration of the 

low safety hazard associated with 

certain ground and novelty devices, this 

proposal to streamline the process 

authorizing their manufacture and 

transport by self-certification benefits 

the public. PHMSA proposes that selfcertification will introduce efficiencies 

and maintain the safety of transporting 

these fireworks under the HMR. To 

correspond to the changes proposed in 

this NPRM, PHMSA proposes to add a 

definition for ‘‘low hazard firework’’ to 

§ 173.59. 

Ground Devices 

PHMSA proposes that ground device 

fireworks certified using the PHMSA 

portal as conforming to the 

construction, formulation, and 

packaging requirements in revised 

§ 173.64, will be authorized for 

transport as ‘‘UN0336, Fireworks, 1.4G.’’ 

Seventeen ground devices will be 

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 Wire Sparkler or Dipped Stick. 

Multi-tube devices,10 such as cake and 

combination devices, are excluded from 

eligibility for certification using the 

automated process. 

PHMSA proposes specific criteria for 

manufacturing (construction and 

formulation) and packaging of these 

ground devices. The fireworks would be 

subject to both general and specific 

requirements as presented below in the 

table of Proposed Criteria for Ground 

Devices. The proposed general 

requirements for ground devices are as 

follows: 

• Devices must use chemicals in 

conformance with the permitted and 

restricted chemical table in the edition 

of APA Standard 87–1A, Appendix 1, 

incorporated by reference in § 173.64. 

The 2018 edition of the standard is 

currently incorporated by reference. 

Note that all chemical specifications in 

the table are maximum limits. 

• All reports are limited to 50 mg 

(0.050 g) of composition per report. 

• All devices are initiated by a safety 

fuse with the exception of firecrackers, 

flitter sparklers, nitrocellulose 

fountains, snakes, wire sparklers, or 

dipped sticks. 

• All devices must be finished (they 

cannot be a component intended to be 

used in another device). 

• All devices must successfully pass 

a thermal stability test as specified in 

§ 173.64(a)(2). 

• Each device must be marked with 

the alphanumeric PHMSA-assigned 

certification number (‘‘FW number’’) 

consisting of the letters FW, followed by 


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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: 

PROPOSED CRITERIA FOR GROUND DEVICES

Device Definition Specification 11 Special conditions 

Chaser ........................................... Consists of a paper or cardboard 

tube, which vents out the fuse 

end of the tube.

20 total grams of chemical composition, with multiple reports 

permitted.

None. 

Crackling Ball ................................. Consists of a spherical ball that 

contains small granules of 

chemical composition that upon 

ignition produce sparks and/or 

a crackling effect.

20 total grams of chemical composition, with no reports permitted.Inner packaging cannot exceed 

72 grams of composition. 

Crackling Strip ............................... Consists of small granules of 

chemical composition adhered 

to and encased in a paper or 

cardboard wrapping that upon 

ignition produce sparks and/or 

a crackling effect.

20 total grams of chemical composition, with no reports permitted.Inner packaging cannot exceed 

72 grams of composition. 

Crackling Tube ............................... Consists of a tube that contains 

small granules of chemical 

composition that upon ignition 

produce sparks and/or a crackling effect.

20 total grams of chemical composition, with no reports permitted.Inner packaging cannot exceed 

72 grams of composition. 

Firecracker ..................................... Consists of a small paperwrapped or cardboard tube that 

produces a single report.

50 milligrams of chemical composition per firecracker.Multiple firecrackers can be fused 

together to form a string. There 

is no limit on number of firecrackers in a string. 

Flasher/Strobe ............................... Consists of a paper-wrapped or 

cardboard tube that produces a 

crackling/flashing/strobing light 

effect.

5 total grams of chemical composition, with no reports permitted.Inner packaging cannot exceed 

60 grams of composition. 

Flitter Sparkler ............................... Consists of a paper or cardboard 

tube attached to a stick or wire. 

Upon ignition, the device produces a shower of sparks, a 

colored flame and/or a crackling 

effect.

25 total grams of chemical composition, with no reports permitted..

Formulations containing chlorates 

are limited to 4 grams with no 

more than 15 percent of the formulations being chlorates.

None. 

Fountain (Cone) ............................. Consists of a conical paper or 

cardboard container that upon 

ignition produces a shower consisting of any combination of 

colored sparks, color flame, 

crackle, smoke, whistle and/or 

micro star effects.

50 total grams of chemical composition, with no reports permitted.None. 

Fountain (Cylindrical) ..................... Consists of a paper or cardboard 

tube that upon ignition produces a shower consisting of 

any combination of colored 

sparks, color flame, crackle, 

smoke, and whistle or micro 

star effects.

100 total grams of chemical composition, with no reports permitted.None. 

Fountain (Nitrocellulose) ................ Consists of a paper or cardboard 

cone or tube device that produces a shower of small 

sparks, color, and flame as its 

primary effect using nitrocellulose as the major chemical 

component.

15 total grams of chemical composition, with no reports permitted.None. 

Ground Spinner ............................. Consists of a paper or cardboard 

tube that upon ignition emits a 

shower of colored sparks that 

vents out of an orifice, causing 

the device to spin rapidly on the 

ground.

20 total grams of chemical composition, with reports permitted.Multiple ground spinners can be 

fused together to form a string. 

Strings are limited to 20 grams 

of total composition. 

Illuminating Torch .......................... Consists of a paper or cardboard 

tube that upon ignition, emits a 

colored flame with or without 

crackles or sparks.

100 total grams of chemical composition, with no reports permitted.None. 


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11This column describes the chemical 

composition weight limits per tube and whether 

reports are permitted. 

PROPOSED CRITERIA FOR GROUND DEVICES—Continued 

Device Definition Specification 11 Special conditions 

Smoke ............................................ Consists of a paper or cardboard 

tube that upon ignition, emits 

smoke as the primary effect.

100 total grams of chemical composition. All mixtures containing 

a chlorate must contain an 

equal amount or greater 

amount of a carbonate or bicarbonate.

Multiple smoke devices can be 

fused together to form a string. 

Strings are limited to 100 grams 

of total composition. 

Snake ............................................. Consists of pressed pellet of pyrotechnic composition that upon 

ignition, produces a snake-like 

ash that expands in length as 

the composition is consumed.

20 total grams of chemical composition, with no reports.

Only formulations of nitrated asphalt, asphaltum, bitumen, 

pitch, and/or tar with an oxidizer 

(with or without a binder) are 

permitted.

None. 

Specialty Device ............................ Consists of a paper or cardboard 

tube(s), e.g., in the shape of an 

animal or a small vehicle, that 

produces multiple effects.

20 total grams of chemical composition, with reports permitted.No tube can contain more than 2 

grams of composition; tubes 

cannot contain aerial components or internal shells. 

Wheel ............................................. Consists of a paper or cardboard 

tube placed on the ground or 

attached to a post, by means of 

a nail, spike, or string. Upon ignition, the wheel rotates producing a shower of sparks, 

color, crackling, flame, or whistle effects.

200 total grams of chemical composition, with no reports.

No tube can contain more than 60 

total grams of composition, 

which includes a 20 gram propellant limit per tube.

Tubes cannot contain aerial components. 

Handles are not permitted. 

None. 

Wire Sparkler or Dipped Stick ....... Consists of a metal wire or wood 

dowel coated with a chemical 

composition. Upon ignition, the 

device produces a shower of 

sparks, a colored flame, and/or 

a crackling effect.

100 total grams of chemical composition, with no reports permitted.

Formulations containing chlorates 

are limited to four grams with 

no more than 15 percent of the 

formulations being chlorates.

Inner packaging cannot exceed 

120 grams of composition. 

Currently, manufacturers may submit 

low hazard fireworks approvals through 

the PHMSA portal, email, or mail, 

although all applications in the past 

several years have been through the 

PHMSA portal. A manufacturer follows 

a multi-step process to receive a 

certificate using PHMSA’s automated 

process for review of low hazard 

fireworks. First, the applicant must 

register with PHMSA to create an 

account to use 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 repeated access. If already 

registered with the PHMSA portal, 

persons must ensure all necessary 

information is provided to allow for 

self-certification. Applicants are 

required to create complex passwords in 

accordance with DOT’s password 

requirements. 

Then, the applicant must provide 

specific information about a device and 

certify the construction, chemical 

composition, and packaging are in 

accordance with the HMR. This step 

requires the applicant to respond to the 

following questions: 

• What is the name and/or product 

code of the device? (Must be unique.) 

• What is the category of the ground 

device? (There will be a drop down 

menu with the 17 authorized ground 

devices.) 

• What is the maximum weight in 

grams of chemical composition in the 

device? 

• Does the device contain a report? 

(List how many reports.) 

• What is the maximum weight in 

milligrams of any single report in the 

device? 

• What is the total report weight in 

milligrams in the device? 

• Did the device pass a thermal 

stability test? 

• 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 § 173.64? 

• Does the device use a safety fuse for 

ignition? 

• Does the device meet one of the 

descriptions listed in § 173.64? 

• Do you certify the device will be 

manufactured and transported in 

accordance with all the statements you 

attested to above? 

Finally, the chemical composition 

and diagram of the ground device must 

be entered into and uploaded to the 

PHMSA portal. A certificate will be 

issued for each device following the 

successful completion of the process. 

The certificate will contain the unique 

alphanumeric certification number 

described above. 

Novelty Devices 

Similarly, PHMSA proposes that 

novelty devices (i.e., novelties) certified 

using the PHMSA portal as conforming 

to the construction, formulation, and 

packaging requirements in revised 

§ 173.64 will be authorized for transport 

and not subject to further regulation 

except for air transport. Although these 

novelty devices are considered Division 

1.4 fireworks, consistent with the 

guidance discussed in Section I.A and 

as a condition for self-certification, 

novelty devices will be classed for 

transport as ‘‘UN3178, Flammable solid, 

inorganic, n.o.s. (Novelties), 4.1, PG II,’’ 

when transported internationally or by 


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air. Seven novelties will be eligible for 

this new certification process: Booby 

Trap/Pull Apart, Novelty Flitter 

Sparkler, Party Popper, Novelty Snake, 

Snapper, Novelty Wire Sparkler or 

Novelty Dipped Stick, and Novelty 

Smoke Device. Therefore, manufacturers 

may receive a certification for 

international transportation when it is 

required. Consistent with the 2015 

guidance document, PHMSA considers 

certain novelties—identified in this 

NPRM as excepted from further 

regulation—as explosives under the 

HMR, subject to certain transportation 

conditions. However, PHMSA 

acknowledges that this exception is 

unique to the United States and 

complicates transportation of these 

fireworks into or out of the United 

States. Therefore, to facilitate 

international transportation of novelties, 

PHMSA proposes to issue a unique 

identifier number (FW number) as part 

of the automated self-certification 

process. This process facilitates the 

certification process and movement of 

novelty devices outside of the United 

States where they are classified the 

same way but not offered the same 

exceptions. 

Novelties must comply with both the 

general and specific requirements for 

manufacture and packaging as provided 

in the table of Proposed Criteria for 

Novelties. The proposed general 

requirements for novelty devices are as 

follows: 

• 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 § 173.64. 

The 2018 edition is currently 

incorporated by reference. Note that all 

chemical specifications in the table are 

maximum limits. 

• No reports are permitted in 

novelties. 

• Smoke devices must be initiated by 

a fuse. 

• Devices must be finished and 

packaged in the inner packagings. 

• All novelties must successfully pass 

a thermal stability test specified in 

§ 173.64(a)(2). 

• Each device must be marked with 

the alphanumeric PHMSA-assigned 

certification number (FW number), 

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 seven novelty types is as follows: 

PROPOSED CRITERIA FOR NOVELTIES

Novelty Definition Specifications Special conditions 

Booby Trap/Pull Apart .................... Device that is actuated by means 

of friction. Pulling a string or 

strings apart activates the device, producing a noise effect.

0.016 total grams of chemical 

composition, which is limited to 

barium, potassium, and/or sodium chlorate with red phosphorus.

Inner packages must not contain 

more than 12 devices. 

Novelty Flitter Sparkler .................. Consists of a paper or cardboard 

tube attached to a stick or wire. 

Upon ignition, the device produces a shower of sparks, a 

colored flame, and/or a crackling effect.

5 total grams of chemical composition, with no reports permitted. Formulations containing 

chlorates are limited to 4 grams 

with no more than 15 percent of 

the formulation being chlorates.

Inner packages must not contain 

more than 8 devices, and an ignition fuse is permitted. 

Party Poppers ................................ Device that is actuated by means 

of friction. Pulling a string or 

trigger activates the device, 

producing a noise effect and releasing paper streamers or confetti. Common examples resemble champagne bottles and toy 

pistols.

0.016 total grams of chemical 

composition, which is limited to 

barium, potassium, and/or sodium chlorate with red phosphorus.

Inner packages must not contain 

more than 72 devices. 

Novelty Snakes and Glow-Worms Consists of pressed pellet of pyrotechnic composition that upon 

ignition, produce a snake-like 

ash that expands in length as 

the composition is consumed.

2 total grams of chemical composition. Only formulations of 

nitrated asphalt, asphaltum, bitumen, pitch, and/or tar with an 

oxidizer (with or without a binder) are permitted.

Inner packaging must not contain 

more than 25 devices 

Snappers ........................................ Consists of small, paper-wrapped 

items. When dropped, the device activates, producing a 

noise effect.

0.001 total grams of silver fulminate coated on small bits of 

sand or gravel.

Inner packages must not contain 

more than 50 devices with sawdust or other impact absorbing 

materials. 

Novelty Wire Sparkler or Novelty 

Dipped Stick.

Consists of a metal wire or wood 

dowel coated with a chemical 

composition. Upon ignition, the 

device produces a shower of 

sparks, a colored flame, and/or 

a crackling effect.

25 total grams of chemical composition, with no reports permitted. Formulations containing 

perchlorates are limited to 5 

grams. Formulations containing 

chlorates are limited to 4 grams 

with no more than 15 percent of 

the formulations being chlorates.

Inner packages must not contain 

more than 8 devices. 


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PROPOSED CRITERIA FOR NOVELTIES—Continued 

Novelty Definition Specifications Special conditions 

Novelty Smoke Device ................... Consists of a paper or cardboard 

tube that upon ignition, emits 

smoke as the only effect.

5 total grams of chemical composition, with no reports permitted. All mixtures containing a 

chlorate must contain an equal 

amount or greater amount of a 

carbonate or bicarbonate (e.g. 

calcium carbonate, sodium bicarbonate).

Inner packages must not contain 

more than 72 devices. 

Novelties must be in inner packagings 

that must be further packed in strong 

outer packagings. The packages must 

conform to the requirements of § 173.24. 

The maximum gross weight of a 

completed package may not exceed 30 

kilograms (66 pounds). Additionally, 

each outer package, and an overpack if 

used, must be plainly marked with 

‘‘NOVELTIES, IN CONFORMANCE 

WITH § 173.64, NOT REGULATED, 

EXCEPT WHEN TRANSPORTED BY 

AIR.’’ 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 transport accordingly. 

Similar to ground devices, an 

applicant will follow a multi-step 

process to self-certify using PHMSA’s 

automated process for review of low 

hazard fireworks. First, the applicant 

must register with PHMSA to create an 

account for use of 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 repeated access. If already 

registered with the PHMSA portal, 

persons must ensure all necessary 

information is provided to allow selfcertification. Applicants are required to 

create complex passwords in 

accordance with DOT’s password 

requirements. 

Then, the applicant must provide the 

specific information about a novelty 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: 

• What is the name and/or product 

code of the device? (Must be unique.) 

• What is the category of the novelty? 

(There will be a drop-down menu with 

the seven authorized novelties.) 

• What is the maximum weight in 

grams of chemical composition in the 

device? 

• Did the device pass the thermal 

stability test described in 49 CFR 

173.64(a)(2)? 

• 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 § 173.64? 

• Does the novelty comply with the 

specific restrictions listed in the Table 

of Authorized Novelty Devices and 

Specifications? 

• Does the device use a safety fuse for 

ignition? 

• Does the novelty meet a device 

description listed in § 173.64? 

• Do you certify the device will be 

manufactured and transported in 

accordance with all the statements 

attested to above? 

Finally, the chemical composition 

and diagram must be entered into and 

uploaded to the PHMSA portal. A 

certificate will then be issued for each 

novelty following the successful 

completion of the process. The 

certificate will contain the unique 

alphanumeric certification number 

described above. The certificate will 

indicate the description and 

classification of the device as ‘‘UN3178, 

Flammable solid, inorganic, n.o.s. 

(Novelties), 4.1, PG II’’ for international 

transportation and domestic air 

transportation, and that it is not 

regulated as a Class 1 explosive when 

transported domestically by vessel, 

highway, or rail. 

Fireworks Identification Scheme 

As a baseline, fireworks must be 

approved and assigned an explosives 

approval number by PHMSA (EX 

number) based on actual testing and 

classification prior to transportation to, 

from, and within the United States. 

However, § 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 

§ 171.7. Further, § 173.65 permits—in 

lieu of an approval—Division 1.4G 

consumer fireworks (as defined in 

§ 171.8) to be certified by a DOTapproved FCA. After the FCA reviews 

the consumer fireworks application and 

certifies it meets the requirements, the 

FCA assigns an FC number. 

However, in this NPRM, PHMSA is 

proposing to streamline the process for 

approval or certification of low hazard 

fireworks by allowing self-certification 

using an online application in the 

PHMSA portal with an automated 

process for review and issuance of a 

certification. This automated process 

may be used for the low hazard 

fireworks identified in this rulemaking 

in lieu of the current process and would 

no longer require PHMSA or FCA 

personnel to conduct time-consuming 

reviews of each application or impose a 

cost on manufacturers who opt to use an 

FCA to certify these fireworks. 

Manufacturers of fireworks that meet 

the required criteria for the 

construction, formulation, and 

packaging of these low hazard 

fireworks—specifically discussed in 

Section II. Proposed Amendments— 

would certify compliance with specified 

conditions and limitations online and 

receive a certificate with a unique 

identifier number (FW number) for each 

firework type. The FW number will 

identify a low hazard firework that has 

been certified through the newly 

proposed automated approval process as 

specified in § 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. 

Given the long history and wide 

recognition of the EX and FC numbering 

scheme, PHMSA seeks specific 

comments on the supply chain 

implications, the economic impact and 

safety concerns associated with the 

proposed FW numbering system, as well 

as comments on how to implement the 

changes if they are adopted. For 

example, will the use of different alpha 

designators (i.e., EX, FC and FW) pose 

complications or confusion within the 


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transportation system? If so, please 

provide a suggested alternative to FW. 

B. Authorizing the Self-Classification of 

Tracer Ammunition 

Section 173.56(h) authorizes selfclassification of certain types of small 

arms cartridges into Division 1.4S, 

provided certain conditions are met. In 

particular, § 173.56(h)(3) authorizes 

ammunition with inert projectile or 

blank ammunition. Tracer ammunition 

utilizes a small amount of pyrotechnic 

composition to provide visible light 

upon exit from a gun barrel. Due to the 

presence of the pyrotechnic 

composition, it is unclear whether tracer 

ammunition would qualify as an ‘‘inert’’ 

projectile. However, there is a negligible 

quantity of pyrotechnic composition in 

tracer ammunition compared to the 

quantities of pyrotechnic material 

contained within the projectile itself, 

and its presence neither increases the 

hazard in a bonfire test nor makes 

unintentional initiation any more likely. 

The difference in hazard between 

inert projectile cartridges and the same 

cartridges with a small amount of 

pyrotechnic composition is negligible. 

Furthermore, there are no additional 

concerns related to tracer ammunition 

that justify exclusion from the selfclassification provision of 

§ 173.56(h)(3). Therefore, PHMSA 

proposes to amend § 173.56(h)(3) to also 

authorize self-classification of tracer 

ammunition that meets all other criteria 

outlined in § 173.56(h)(3). 

C. Amending the Approvals Process 

PHMSA currently provides several 

options for submittal of applications for 

approvals including mail, email, fax, 

and the PHMSA portal, although this 

latter method is not codified as an 

option. As such, PHMSA proposes to 

amend 49 CFR 107.705 to include the 

PHMSA portal as a submittal option for 

all approvals. Furthermore, PHMSA 

proposes to make the PHMSA portal the 

only method for submittal and 

acceptance of explosives approval 

applications, and to remove current 

options to submit those applications via 

mail, email, or fax. Transitioning to an 

all-electronic system will improve 

efficiency. Delays often 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 will 

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 and 

access the portal. 

Finally, PHMSA proposes to add a 

new paragraph 49 CFR 107.705(e) to 

allow approval holders to request 

termination of approvals, and to amend 

49 CFR 107.713(c) to clarify that when 

an approval holder voluntarily requests 

termination, PHMSA is not required to 

issue a show cause letter. 

IV. Section-by-Section Review 

The following is a section-by-section 

review of the proposed amendments to 

the HMR. 

Part 107 

Section 107.705 

Section 107.705 prescribes the 

requirements for submitting 

registrations, reports, and applications 

for approval. PHMSA proposes revising 

paragraph (a)(1) to specify the PHMSA 

portal may also be used to file all 

approval applications with PHMSA and 

is the only authorized method for 

submitting explosives approval 

applications, and proposes removing 

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 proposes to revise 49 

CFR 107.713(c) introductory text to 

indicate a PHMSA show cause letter is 

not necessary for voluntary termination 

of an approval; and add a new 

paragraph (e) to clarify approval holders 

may voluntarily request termination of 

an approval. PHMSA will then issue a 

termination letter, rather than a show 

cause letter. 

Part 171 

Section 171.8 

Section 171.8 provides definitions 

and abbreviations. PHMSA proposes to 

define the term ‘‘FW number’’ as a 

number preceded by the prefix ‘‘FW,’’ 

assigned by PHMSA to a Division 1.4G 

Consumer firework device that has been 

certified under the provisions of 

§ 173.64. 

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 proposes to modify 

§ 173.56(h)(3) to provide clarity that 

tracer ammunition with inert projectiles 

is also eligible for self-classification as 

a Division 1.4S material provided all 

other criteria outlined in § 173.56(h) are 

met. This proposal will maintain the 

current level of safety with the HMR by 

ensuring proper understanding of what 

types of explosives may be classified or 

self-classified. 

Section 173.59 

Section 173.59 provides informational 

descriptions of terms for explosives. 

PHMSA is adding a separate term and 

description for ‘‘low hazard fireworks.’’ 

This proposal will maintain the current 

level of safety with the HMR by 

ensuring proper understanding of what 

explosives may qualify for the low 

hazard fireworks exceptions. 

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 proposes to revise 

§ 173.64 to include further exceptions 

for low hazard consumer fireworks that 

qualify for self-certification. 

Specifically, paragraph (b) will outline 

criteria for self-certification of certain 

ground and novelty devices as Division 

1.4 fireworks. Seven novelties will be 

eligible for self-certification and 

exception from the HMR, and 17 ground 

devices will be eligible for selfcertification and classification as 

Division 1.4G fireworks. PHMSA also 

proposes to make some 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 § 173.65 for 

certification of Division 1.4G consumer 

fireworks by an FCA. This proposal will 

maintain the current level of safety with 

the HMR by ensuring proper 

understanding of which ground and 

novelty devices may qualify for this 

exception. 

V. Regulatory Analyses and Notices 

A. Statutory/Legal Authority 

This NPRM is published under the 

authority of Federal Hazardous 

Materials Transportation Act (HMTA; 

49 U.S.C. 5101–5127). Section 5103(b) 


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12 88 FR 21879 (Apr. 11, 2023). 

13 64 FR 43255 (Aug. 10, 1999). 

14 74 FR 24693 (May 22, 2009). 15 65 FR 67249 (Nov. 9, 2000). 

of the HMTA authorizes the Secretary of 

Transportation to prescribe regulations 

for the safe transportation of hazardous 

materials (HAZMAT) in intrastate, 

interstate, and foreign commerce. The 

Secretary has delegated the authority 

granted in the HMTA to the PHMSA 

Administrator at 49 CFR 1.97(b). 

B. Executive Orders 12866 and 14094; 

DOT Regulatory Policies and Procedures 

Executive Order 12866 (‘‘Regulatory 

Planning and Review’’), as amended by 

Executive Order 14094 (‘‘Modernizing 

Regulatory Review’’ 12), requires 

agencies to regulate in the ‘‘most costeffective 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.’’ Similarly, 

DOT Order 2100.6A (‘‘Policies and 

Procedures for Rulemakings’’) requires 

PHMSA rulemaking actions include ‘‘an 

assessment of the potential benefits, 

costs, and other important impacts of 

the regulatory action,’’ and (to the extent 

practicable) the benefits, costs, and any 

significant distributional impacts, 

including any environmental impacts. 

Executive Order 12866 and DOT 

Order 2100.6A require PHMSA submit 

‘‘significant regulatory actions’’ to the 

Office of Management and Budget 

(OMB) for review. This rulemaking is 

not considered a significant regulatory 

action under section 3(f) of Executive 

Order 12866 (as amended by Executive 

Order 14094) and therefore, was not 

formally reviewed by OMB. This 

rulemaking is also not considered a 

significant rule under DOT Order 

2100.6A. 

The following is a brief summary of 

costs, savings, and net benefits of some 

of the amendments proposed in this 

notice. PHMSA has developed a more 

detailed analysis of these costs and 

benefits in the PRIA, a copy of which 

has been placed in the docket. PHMSA 

seeks public comment on its proposed 

revisions to the HMR, and the 

preliminary cost and benefit analyses in 

the PRIA. 

PHMSA estimates the costs associated 

with permitting self-certification of lowhazard fireworks are minimal. The 

actual standards required by the HMR 

for low-hazard fireworks are not affected 

by this rule change, merely allowing 

manufacturers to self-certify that the 

products meet those standards. PHMSA 

estimates the self-certifying application 

process for manufacturers will not add 

any additional time burdens as the 

approval information required for an 

approval will not be affected. PHMSA 

estimates approvals handled by PHMSA 

take approximately two hours per 

application. Of that time 30 minutes are 

required for data entry, 60 minutes for 

managerial review, and another 30 

minutes for signature review and 

approval. Allowing self-classification, 

therefore, would save PHMSA 425 labor 

hours annually. 

PHMSA emphasizes the proposed 

amendment for tracer ammunition is 

merely a formal codification and 

adoption of a policy in place since 2002. 

The proposed change would make the 

policy’s definition into a formal 

regulation. Considering the longstanding nature of the 2002 policy, there 

would be minimal burdens to formally 

adopting the policy into the HMR. 

C. Executive Order 13132 

PHMSA analyzed this rulemaking in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (Federalism) 13 and the 

Presidential Memorandum 

(Preemption).14 Executive Order 13132 

requires agencies to assure meaningful 

and timely input by state and local 

officials in developing 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 proposed rule would not have 

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 HMTA 

contains an express preemption 

provision at 49 U.S.C. 5125(a) that 

preempts State, local, and Tribal 

requirements if: (1) compliance with 

such requirement makes compliance 

with the DOT regulations issued under 

the authority of the HMTA not possible; 

or (2) compliance with such 

requirement is an obstacle to carrying 

out a regulation prescribed under the 

authority of the HMTA. The HMTA also 

contains 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 subjects: 

• The designation, description, and 

classification of hazardous materials. 

• The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous materials. 

• The preparation, execution, and use 

of shipping documents related to 

hazardous materials and requirements 

related to the number, contents, and 

placement of those documents. 

• The written notification, recording, 

and reporting of the unintentional 

release in transportation of hazardous 

material. 

• The design, manufacture, 

fabrication, marking, maintenance, 

recondition, repair, or testing of a 

packaging or container represented, 

marked, certified, or sold as qualified 

for use in transporting hazardous 

material. 

This proposed rule addresses covered 

subject items (1) and (2) and would 

preempt state, local, and tribal 

requirements not meeting the 

‘‘substantively the same’’ standard. Any 

preemption results directly from 

operation of 49 U.S.C. 5125. In addition, 

in this instance, the preemptive effect of 

the proposed rule is limited to the 

minimum level necessary to achieve the 

objectives of the HMTA under which 

the final rule is promulgated. Therefore, 

the consultation and funding 

requirements of Executive Order 13132 

do not apply. 

D. Executive Order 13175 

PHMSA analyzed this rulemaking in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’) 15

and DOT Order 5301.1A (‘‘Department 

of Transportation Tribal Consultation 

Policy and Procedures’’). Executive 

Order 13175 and DOT Order 5301.1A 

require DOT Operating Administrations 

to assure meaningful and timely input 

from Native American 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 Native American Tribes. 

PHMSA assessed the impact of the 

rulemaking and determined that it 

would not significantly or uniquely 

affect Tribal communities or Native 

American Tribal governments. The 

changes to the hazardous materials 

program procedures and HMR proposed 

in this NPRM would have broad, 

national scope. PHMSA does not expect 

this rulemaking would significantly or 

uniquely affect Tribal communities, 


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16 67 FR 53461 (Aug. 16, 2002). 17 DOT, ‘‘Rulemaking Requirements Related to 

Small Entities,’’ https://www.transportation.gov/ 

regulations/rulemaking-requirements-concerningsmall-entities (last accessed June 17, 2021). 18Also at 40 CFR parts 1501 to 1508. 

impose substantial compliance costs on 

Native American Tribal governments, or 

mandate Tribal action. And because 

PHMSA expects the rulemaking would 

not adversely affect the safe 

transportation of hazardous materials 

generally, PHMSA does not expect it 

would entail disproportionately high 

adverse risks for tribal communities. For 

these reasons, the funding and 

consultation requirements of Executive 

Order 13175 and DOT Order 5301.1A 

apply. However, PHMSA solicits 

comment from Native American tribal 

governments and communities on 

potential impacts of the proposed 

rulemaking. 

E. Regulatory Flexibility Act and 

Executive Order 13272 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires agencies to 

consider whether a rulemaking would 

have a ‘‘significant economic impact on 

a substantial number of small entities’’ 

to include small businesses; not-forprofit organizations that are 

independently owned and operated and 

are not dominant in their fields; and 

governmental jurisdictions with 

populations under 50,000. The 

Regulatory Flexibility Act directs 

agencies to establish exceptions and 

differing compliance standards for small 

businesses, where possible to do so and 

still meet the objectives of applicable 

regulatory statutes. Executive Order 

13272 (‘‘Proper Consideration of Small 

Entities in Agency Rulemaking’’) 16

requires agencies to establish 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act and to ‘‘thoroughly 

review draft rules to assess and take 

appropriate account of the potential 

impact’’ of the rules on small 

businesses, governmental jurisdictions, 

and small organizations. The DOT posts 

its implementing guidance on a 

dedicated web page.17

This proposed rule has been 

developed in accordance with Executive 

Order 13272 and DOT’s procedures and 

policies to promote compliance with the 

Regulatory Flexibility Act to ensure that 

potential impacts on small entities are 

considered properly. As explained 

above, this proposed rule 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 proposes to amend the 

classification and approval process of 

certain low-hazard Class 1 explosive 

materials (i.e., fireworks) and clarify 

classification eligibility for ammunition 

with inert projectile that has a 

pyrotechnic coating (i.e., tracers). 

Finally, this rulemaking proposes to 

require use of the PHMSA portal, an 

online application, as the sole method 

to submit explosives approval 

applications. 

Therefore, PHMSA expects that these 

amendments will not, if adopted, have 

a significant economic impact on a 

substantial number of small entities. 

However, PHMSA solicits comments on 

the anticipated economic impacts to 

small entities. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.), no 

person is required to respond to any 

information collection unless it has 

been approved by OMB and displays a 

valid OMB control number. Pursuant to 

44 U.S.C. 3506(c)(2)(B) and 5 CFR 

1320.8(d), PHMSA must provide 

interested members of the public and 

affected agencies an opportunity to 

comment on information and 

recordkeeping requests. 

PHMSA has analyzed this NPRM 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 NPRM, 

PHMSA proposes to revise § 173.64 

applicable to low hazard fireworks that 

may impact the burden accounted for in 

OMB Control Number 2137–0057. The 

proposed addition in § 173.64 would 

require manufacturers to provide 

information in association with 

pursuing allowance for the selfcertification of certain ground and 

novelty device fireworks as low hazard 

fireworks for purposes of transportation. 

PHMSA analyzed this proposal and 

expects the impact to be negligible as 

the information is the same information 

currently required by the HMR, just in 

a different format. 

PHMSA specifically requests 

comments on the information collection 

and recordkeeping burdens associated 

with developing, implementing, and 

maintaining these proposed 

requirements. Address written 

comments to the DOT Docket 

Operations Office as identified in the 

ADDRESSES section of this rulemaking. 

Comments regarding information 

collection burdens must be received 

prior to the close of the comment period 

identified in the DATES section of this 

rulemaking. In addition, you may 

submit comments specifically related to 

the information collection burden to the 

PHMSA Desk Officer, Office of 

Management and Budget, at fax number 

202–395–674. Requests for a copy of 

this information collection should be 

directed to Steven Andrews, Standards 

and Rulemaking Division (PHH–10), 

Pipeline and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. If these proposed requirements are 

adopted in a final rule, PHMSA will 

submit the revised information 

collection and recordkeeping 

requirements to OMB for approval. 

G. 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 NPRM or 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. 

As explained in the PRIA, available 

for review in the docket, this proposed 

rule does not impose unfunded 

mandates under the UMRA. As 

explained in the PRIA, it is not expected 

to result in costs of $100 million or 

more in 1996 dollars to either State, 

local, or Tribal Governments, or to the 

private sector in any one year. 

Therefore, the analytical requirements 

of UMRA do not apply. 

H. Draft Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA), as amended (42 

U.S.C. 4321–4335),18 requires Federal 

agencies to consider the environmental 

impacts of their actions in the decisionmaking process. The purpose and 

function of NEPA is satisfied if Federal 

agencies have considered relevant 

environmental information, and the 

public has been informed regarding the 

decision-making process. Agencies must 

prepare an environmental assessment 

(EA) for a proposed action that is not 

likely to have significant effects or when 

significance is unknown, and prepare a 

FONSI if, based on the EA, the agency 

determines not to prepare an EIS 

because the proposed action will not 


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19 59 FR 7629 (Feb. 16, 1994). 

20 88 FR 25251 (Apr. 26, 2023). 

have significant effects. In accordance 

with these requirements, an agency’s EA 

must discuss: (1) the need for the action; 

(2) the alternatives considered; (3) the 

environmental impacts of the proposed 

action and alternatives; and (4) a listing 

of the agencies and persons consulted 

before providing evidence for 

determining a FONSI. The draft EA 

(DEA) and proposed FONSI for the 

proposed action in this rulemaking are 

as follows. This DEA incorporates by 

reference the analysis included in the 

preamble text above. 

1. Need for the Action 

The changes in the explosives 

approval process, especially for 

classification and approval of low 

hazard fireworks, are needed to improve 

efficiency and provide regulatory 

clarification for offerors and carriers. 

2. Alternatives Considered 

No Action Alternative 

Under the no action alternative, the 

current process for acquiring explosives 

approvals by hardcopy or email 

submission of application documents 

would continue. Additionally, 

stakeholders would continue to rely on 

previously issued guidance for 

classification and exception from 

regulation for certain low hazards 

fireworks. Finally, it would remain 

ambiguous whether tracer ammunition 

is eligible for self-classification as a 

Division 1.4S explosive (i.e., the small 

arms cartridges exceptions). 

Proposed Action Alternative— 

Explosives Approval Program and 

Exceptions for Divisions 1.3 and 1.4 

Consumer Fireworks 

Under this alternative, PHMSA would 

implement the proposed amendments of 

this rule as fully addressed in the 

preamble and regulatory text sections of 

this NPRM. However, a concise 

summary of the proposed amendments 

include the following: 

(1) Establishing exceptions for ground 

and novelty firework devices. 

(2) Authorizing the self-classification 

of tracer ammunition. 

(3) Requiring electronic submittal of 

explosives approval applications to 

include reference to the PHMSA portal, 

and to authorize electronic submittal for 

all required approvals. 

3. Environmental Impacts of Proposed 

Action and Alternatives 

No Action Alternative 

PHMSA expects the no action 

alternative to have no new impact on 

the environment as the status quo 

would remain in place. Explosives 

approval applications, including those 

for fireworks, would continue to be 

processed using all authorized filing 

formats currently in place, and 

manufacturers would continue to work 

within the scope of guidance issued by 

PHMSA for exceptions from regulation 

for low hazard fireworks. Additionally, 

classification of tracer ammunition as a 

Division 1.4S would remain the same 

but clarity on whether a manufacturer 

could self-classify would remain 

uncodified. 

Proposed Action Alternative— 

Explosives Approval Program and 

Exceptions for Divisions 1.3 and 1.4 

Consumer Fireworks 

Under this alternative, PHMSA would 

implement the proposed amendments of 

this rule as fully addressed in the 

preamble and regulatory text sections of 

this NPRM. The proposed amended 

regulatory text would allow for a 

streamlining of procedural requirements 

for the transportation of low hazard 

ground and novelty firework devices. 

Specifically, PHMSA would allow an 

automated process within the PHMSA 

portal for self-certification, review of the 

information provided, and issuance of a 

certificate with a unique identification 

(i.e., FW number). This process would 

eliminate the need for firsthand review 

by PHMSA personnel when compliance 

is certified by the applicant. The devices 

would still be subject to the same 

substantive testing and materials 

requirements, including construction, 

formulation, and packaging. Similarly, 

this NPRM proposes to clarify and 

codify existing guidance that selfcertification is authorized for inert 

projectile cartridges coated with tracer 

composition and may be self-classified 

as a Division 1.4S material provided all 

other criteria outlined in § 173.56(h) are 

met. Although the proposal would 

reduce the hours PHMSA personnel 

spend reviewing documents, the 

automated process is designed to 

similarly ensure compliance. 

Furthermore, PHMSA will maintain 

oversight of the automated process for 

low hazard fireworks through PHMSA’s 

QA/QC review program. 

PHMSA also notes the difficulty in 

quantifying any environmental impact 

of requiring electronic processing of 

information; codifying approval and 

exception requirements for low hazard 

fireworks; and clarifying authorized 

self-classification of tracer ammunition. 

The changes proposed in this notice do 

not impact whether or not explosives 

are manufactured and transported, but 

rather how explosives approval 

applications are processed and how 

certain explosives may be classified. 

The process is already occurring and the 

changes proposed would primarily be 

about transitioning to an electronic 

format. For the above reasons, PHMSA 

expects the proposed action alternative 

to have no impact on the human 

environment, including public safety. 

4. Agencies and Persons Consulted 

PHMSA coordinated with the Federal 

Aviation Administration, the Federal 

Motor Carrier Safety Administration, the 

Federal Railroad Administration, and 

the U.S. Coast Guard in the 

development of this proposed rule. 

5. Environmental Justice 

Executive Order 12898 (‘‘Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations’’) 19 directs 

Federal agencies to take appropriate and 

necessary steps to identify and address 

disproportionately high and adverse 

effects of Federal actions on the health 

or environment of minority and lowincome populations to the greatest 

extent practicable and permitted by law. 

DOT Order 5610.2C (‘‘Department of 

Transportation Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’) establishes departmental 

procedures for effectuating Executive 

Order 12898 promoting the principles of 

environmental justice through full 

consideration of environmental justice 

principles throughout planning and 

decision-making processes in the 

development of programs, policies, and 

activities—including PHMSA 

rulemaking. 

PHMSA has evaluated this proposed 

rule under Executive Order 12898 and 

DOT Order 5610.2C and preliminarily 

determined that it would not cause 

disproportionately high and adverse 

human health and environmental effects 

on minority and low-income 

populations. The rulemaking is neither 

directed toward a particular population, 

region, or community, nor is it expected 

to adversely impact any particular 

population, region, or community. And 

insofar as the rulemaking would not 

adversely affect the safe transportation 

of hazardous materials generally, the 

proposed revisions would not entail 

disproportionately high adverse risks for 

minority and low-income populations. 

This preliminary determination is 

consistent with the recent Executive 

Order 14096 (‘‘Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All’’),20 by achieving several goals, 


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21 65 FR 19477 (Apr. 11, 2000). 22 77 FR 26413 (May 4, 2012). 23 86 FR 26633 (May 17, 2021). 

including continuing to deepen the 

Administration’s whole of government 

approach to environmental justice and 

to better protect overburdened 

communities from pollution and 

environmental harms. 

6. Proposed Finding of No Significant 

Impact 

As discussed in this DEA as well as 

Section II of the notice, the proposed 

actions of this rulemaking would 

introduce efficiencies to the explosives 

approval process and the way certain 

low hazard Class 1 explosive materials 

are authorized for transportation, and 

provide clarity on whether tracer 

ammunition for small arms cartridges 

may be classed as Division 1.4S material 

without the explosives approval 

process. The proposed actions would 

not cause environmental impact because 

the changes proposed are procedural 

and not substantive, and no reduction in 

compliance with HMR requirements are 

anticipated. There may be a negligible 

impact by changing from paper 

documents to reliance on electronic 

systems. Nothing is different between 

the approval and transport of explosives 

and low hazard fireworks under the 

current system and under the proposed 

system other than how applications are 

processed. Similarly, nothing is 

different between the current 

classification of tracer ammunition and 

the proposed action except how 

classification is determined (i.e., either 

by formalized approval classification or 

by self-classification). Therefore, 

PHMSA proposes that, if adopted, this 

rulemaking will result in no significant 

impact to the human environment. 

PHMSA welcomes feedback related to 

environmental impacts that may result 

if the proposed requirements are 

adopted, as well possible alternatives 

and their environmental impacts. 

I. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform any amendments to the 

hazardous materials program 

procedures and the HMR considered in 

this rulemaking. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to https://

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS). DOT’s complete Privacy Act 

Statement is in the Federal Register,21

or on DOT’s website at https://

www.dot.gov/privacy. 

J. Executive Order 13609 and 

International Trade Analysis 

Executive Order 13609 (‘‘Promoting 

International Regulatory 

Cooperation’’) 22 requires that agencies 

consider whether the impacts associated 

with significant variations between 

domestic and international regulatory 

approaches are unnecessary or may 

impair the ability of American business 

to export and compete internationally. 

In meeting shared challenges involving 

health, safety, labor, security, 

environmental, and other issues, 

international regulatory cooperation can 

identify approaches that are at least as 

protective as those that are or would be 

adopted in the absence of such 

cooperation. International regulatory 

cooperation can also reduce, eliminate, 

or prevent unnecessary differences in 

regulatory requirements. 

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. Pursuant to the Trade 

Agreements Act, the establishment of 

standards is not considered an 

unnecessary obstacle to the foreign 

commerce of the United States, 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. 

In developing requirements to allow 

manufacturers to self-certify certain 

fireworks as meeting criteria for 

transportation as low hazard fireworks 

in place of acquiring an explosives 

approval for transportation, PHMSA has 

made assurances that the process 

facilitates international transport. 

PHMSA realizes the absence of an 

approval and the associated approval 

number provides for domestic exception 

from regulation of certain low hazard 

novelty fireworks, and it has assessed 

the effects of the proposed rule to 

ensure it does not cause unnecessary 

obstacles to foreign trade. In fact, the 

proposed rule is expected to facilitate 

international trade by harmonizing U.S. 

and international requirements for the 

transportation of hazardous materials. 

The rule is expected to reduce 

regulatory burdens and minimize delays 

arising from having to comply with 

divergent regulatory requirements. This 

rulemaking is consistent with Executive 

Order 13609 and PHMSA’s obligations 

under the Trade Agreements Act, as 

amended. 

K. National Technology Transfer and 

Advancement Act 

The National Technology Transfer 

and Advancement Act of 1995 (15 

U.S.C. 272 note) directs Federal 

agencies to use voluntary consensus 

standards in their regulatory activities 

unless doing so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

specification of materials, test methods, 

or performance requirements) 

developed or adopted by voluntary 

consensus standard bodies. This NPRM 

involves voluntary consensus standards, 

which are discussed in Section I of this 

NPRM. 

L. Severability 

The purpose of this proposed rule is 

to operate holistically in addressing a 

panoply of issues related to safety 

hazards; the classification and approval 

process for certain low-hazard 

fireworks; permitting small arms 

cartridges to include tracer ammunition; 

and allowing for voluntary termination 

of an explosive approval by the 

approval holder. However, PHMSA 

recognizes that certain provisions focus 

on unique topics. Therefore, PHMSA 

preliminarily finds that the various 

provisions of this proposed 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 

proposed rule’s unique provisions, the 

remaining provisions should stand and 

continue in effect. PHMSA seeks 

comment on which portions of this 

proposed rule should or should not be 

severable. 

M. Cybersecurity and Executive Order 

14028 

Executive Order 14028 (‘‘Improving 

the Nation’s Cybersecurity’’) 23

expressed the Biden-Harris 

Administration policy that ‘‘the 

prevention, detection, assessment, and 

remediation of cyber incidents is a top 

priority and essential to national and 

economic security.’’ Executive Order 

14028 directed the Federal Government 

to improve its efforts to identify, deter, 

and respond to ‘‘persistent and 

increasingly sophisticated malicious 

cyber campaigns.’’ PHMSA has 

considered the effects of this NPRM and 


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determined its regulatory amendments 

will not materially affect the 

cybersecurity risk profile for the 

classification and approval process for 

certain low-hazard fireworks, for small 

arms cartridges to include tracer 

ammunition, and the transportation of 

hazardous materials. 

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 proposes to amend 49 CFR 

chapter I as follows: 

PART 107—HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

■ 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. 

■ 2. In § 107.705, revise paragraph (a)(1) 

to read as follows: 

§ 107.705 Registrations, reports, and 

applications for approval. 

(a) * * * 

(1) Filings. (i) Submission methods. 

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: https://

portal.phmsa.dot.gov/ or alternatively, 

may be filed with any attached 

supporting documentation in an 

appropriate format by facsimile (fax) to: 

(202) 366–3753 or (202) 366–3308, or by 

electronic mail (email) to: approvals@

dot.gov. 

(ii) Explosive approval applications. 

Filing of explosives approval and 

fireworks approval applications as well 

as certifications of low hazard fireworks 

must be submitted, and will only be 

accepted, using the PHMSA portal. 

* * * * * 

■ 3. In § 107.713, revise paragraph (c) 

introductory text and add paragraph (e) 

to read as follows: 

§ 107.713 Approval modification, 

suspension or termination. 

* * * * * 

(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: https://

portal.phmsa.dot.gov/. 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 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. 

■ 5. In § 171.8, add a definition for ‘‘FW 

number’’ in appropriate alphabetical 

sequence to read as follows: 

§ 171.8 Definitions and abbreviations. 

* * * * * 

FW number means a number 

preceded by the prefix ‘‘FW’’, assigned 

by PHMSA to a Division 1.4G Consumer 

firework device that has been certified 

under the provisions of § 173.64 of this 

subchapter. 

* * * * * 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 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. 

■ 7. In § 173.56, revise paragraph (h)(3) 

to read as follows: 

§ 173.56 New explosives—definition and 

procedures for classification and approval. 

* * * * * 

(h) * * * 

(3) Ammunition (including tracer 

ammunition) with inert projectile, or 

blank ammunition; and 

* * * * * 

■ 8. In § 173.59, add a definition for 

‘‘Low hazard firework’’ in alphabetical 

order to read as follows: 

§ 173.59 Description of terms for 

explosives. 

* * * * * 

Low hazard firework. As listed in 

§ 173.64 of this subchapter, are 

pyrotechnic articles of certain chemical 

composition, design, and packaging that 

are not designed to leave ground level, 

contain no aerial components, present a 

low explosive hazard during 

transportation, and comply with any 

limits and requirements found therein. 

Low hazard fireworks include ground 

and novelty devices. 

* * * * * 

■ 9. Revise § 173.64 to read as follows: 

§ 173.64 Exceptions for Division 1.3 and 

1.4 fireworks. 

(a) Classification and approval. 

Notwithstanding the requirements of 

§ 173.56(b), Division 1.3 and 1.4 

fireworks may be classed and approved 

by the Associate Administrator without 

prior examination and offered for 

transportation if the conditions of this 

paragraph (a) are met (see § 173.65 for 

an alternate method to approve Division 

1.4G consumer fireworks using a DOTapproved Fireworks Certification 

Agency): 

(1) Fireworks must be manufactured 

in accordance with the applicable 

requirements in APA 87–1A, 87–1B, 

and 87–1C (IBR, see § 171.7 of this 

subchapter). 

(2) The firework device 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 °C (167 °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 applies in 

writing to the Associate Administrator 

following the applicable requirements 

in APA 87–1A, 87–1B, and 87–1C and 

is notified in writing by the Associate 

Administrator that the fireworks have 


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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 § 173.56(b)(1) of this 

part. 

(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 low explosive hazard during 

transportation. Low hazard ground 

device fireworks listed in the table to 

paragraph (b)(2) of this section and 

meeting the specified conditions and 

limitations are eligible for selfclassification and transport as UN0336, 

Fireworks, Division 1.4G. Further, 

certain low hazard novelty fireworks 

listed in the table to paragraph (b)(3) of 

this section meeting the specified 

conditions and limitations may be 

excepted from the requirements of this 

subchapter as a Class 1 explosive 

material. Low hazard fireworks are not 

subject to the explosives approval 

requirements of § 173.56 or the DOTapproved Fireworks Certification 

Agency requirements of § 173.65. 

(1) General requirements. No person 

may manufacture and offer for transport 

a low hazard firework unless 

compliance with requirements of this 

paragraph (b) has been certified with the 

Associate Administrator. No person may 

accept for transport a low hazard 

firework that has not been certified as 

specified in this section. If the person 

certifying compliance is not a resident 

of the United States, the person must 

designate an agent for service in 

accordance with § 105.40 of this 

chapter. Additionally, low hazard 

fireworks: 

(i) Must successfully pass a thermal 

stability test as specified in paragraph 

(a)(2) of this section; 

(ii) May not be transported as a 

component part for another firework or 

explosive; and 

(iii) 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. 

(2) Requirements specific to ground 

firework devices. (i) Ground devices 

must use chemicals in conformance 

with the permitted and restricted 

chemical 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) Authorized ground devices, and 

their descriptions, specifications, and 

special conditions for transport are set 

forth as follows: 

TABLE 1 TO PARAGRAPH (b)(2)—AUTHORIZED GROUND DEVICES AND SPECIFICATIONS

Type Description Specification Special conditions 

Chaser ................................. Consists of a paper or cardboard tube, 

which vents out its fuse hole.

20 grams total of chemical composition, 

with multiple reports permitted (each 

report limited to 50 milligrams).

None. 

Crackling Ball ....................... Consists of a spherical ball that contains 

small granules of chemical composition that upon ignition produce sparks 

and/or a crackling effect.

20 total grams of chemical composition, 

with no reports permitted.

Inner packaging cannot exceed 72 grams of composition. 

Crackling Strip ..................... Consists of small granules of chemical 

composition adhered to and encased 

in a paper or cardboard wrapping that 

upon ignition produce sparks and/or a 

crackling effect.

20 total grams of chemical composition, 

with no reports permitted.

Inner packaging cannot exceed 72 grams of composition. 

Crackling Tube .................... Consists of a tube that contains small 

granules of chemical composition that 

upon ignition produce sparks and/or a 

crackling effect.

20 total grams of chemical composition, 

with no reports permitted.

Inner packaging cannot exceed 72 grams of composition. 

Firecracker ........................... Consists of a small paper-wrapped or 

cardboard tube that produces a single 

report.

50 milligrams of chemical composition 

per firecracker.

Multiple firecrackers can 

be fused together to 

form a string. There is 

no limit on number of 

firecrackers in a string. 

Flasher/Strobe ..................... Consists of a small paper-wrapped or 

cardboard tube that produces a crackling/flashing/strobe light effect.

5 total grams of chemical composition, 

with no reports permitted.

Inner packaging cannot exceed 60 grams of composition. 

Flitter Sparkler ..................... Consists of a paper or cardboard tube 

attached to a stick or wire. Upon ignition, the device produces a shower of 

sparks, a colored flame, and/or a 

crackling effect.

25 total grams of chemical composition, 

with no reports permitted.

Formulations containing chlorates are 

limited to 4 grams with no more than 

15 percent of the formulation being 

chlorates.

None. 

Fountain (Cone) ................... Consists of a paper or cardboard tube 

that upon ignition produces a shower 

consisting of any combination of colored sparks, color flame, crackle, 

smoke, whistle, or micro star effects.

50 total grams of chemical composition, 

with no reports permitted.

None. 


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TABLE 1 TO PARAGRAPH (b)(2)—AUTHORIZED GROUND DEVICES AND SPECIFICATIONS—Continued 

Type Description Specification Special conditions 

Fountain (Cylindrical) ........... Consists of a paper or cardboard tube 

that upon ignition produces a shower 

consisting of any combination of colored sparks, color flame, crackle, 

smoke, whistle, or micro star effects.

100 total grams of chemical composition, 

with no reports permitted.

None. 

Fountain (Nitrocellulose) ...... Consists of a cone or tube device that 

produces a shower of small sparks, 

color, and flame as its primary effect 

using nitrocellulose as the major 

chemical component.

15 total grams of chemical composition, 

with no reports permitted.

None. 

Ground Spinner ................... Consists of a paper or cardboard tube 

that upon ignition emits a shower of 

sparks that vent out of an orifice causing the device to spin rapidly on the 

ground.

20 total grams of chemical composition, 

with reports permitted (each report limited to 50 milligrams).

Multiple ground spinners 

can be fused together to 

form a string. Strings are 

limited to 20 grams of 

total composition. 

Illuminating Torch ................ Consists of a paper or cardboard tube 

that upon ignition, emits a colored 

flame with or without crackles or 

sparks.

100 total grams of chemical composition, 

with no reports permitted.

None. 

Smoke .................................. Consists of a paper or cardboard tube 

that upon ignition emits smoke as the 

primary effect.

100 total grams of chemical composition. 

All mixtures containing a chlorate must 

contain an equal amount or greater 

amount of a carbonate or bicarbonate 

(e.g., calcium carbonate, sodium bicarbonate).

Multiple smoke devices 

can be fused together to 

form a string. Strings are 

limited to 100 grams of 

total composition. 

Snake ................................... Consists of pressed pellet of pyrotechnic 

composition that upon ignition produce 

a snake-like ash that expands in 

length as the composition is consumed.

20 total grams of chemical composition, 

with no reports. Only formulations of 

nitrated asphalt, asphaltum, bitumen, 

pitch, and/or tar with an oxidizer (with 

or without a binder) are permitted.

None. 

Specialty Device .................. Consists of a paper or cardboard 

tube(s), e.g., in the shape of an animal or a small vehicle, that produces 

multiple effects.

20 total grams of chemical composition, 

with reports permitted (each report limited to 50 milligrams).

No tube can contain more than 2 grams 

of composition; tubes cannot contain 

aerial components or internal shells.

None. 

Wheel ................................... Consists of a paper or cardboard tube(s) 

placed on the ground or attached to a 

post, by means of a nail, spike or 

string. Upon ignition the wheel rotates, 

producing a shower of sparks, color, 

crackling, flame, or whistle effects.

200 total grams of chemical composition, 

with no reports.

No tube can contain more than 60 total 

grams of composition, which includes 

a 20 gram propellant limit per tube.

Tubes cannot contain aerial components 

None. 

Handles are not permitted.

Wire Sparkler or Dipped 

Stick.

Consists of a metal wire or wood dowel 

coated with a chemical composition. 

Upon ignition, the device produces a 

shower of sparks, a colored flame, 

and/or a crackling effect.

100 total grams of chemical composition, 

with no reports permitted.

Formulations containing chlorates are 

limited to 4 grams with no more than 

15 percent of the formulations being 

chlorates.

Composition weight per 

inner packaging cannot 

exceed 120 grams. 

(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 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 list in 

APA Standard 87–1A, Appendix 1 (IBR, 

see § 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 § 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 § 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: 


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TABLE 2 TO PARAGRAPH (b)(3)—AUTHORIZED NOVELTY DEVICES AND SPECIFICATIONS

Type Description Specifications Special conditions 

Booby Trap/Pull Apart ......... Is a device that is actuated by means of 

friction. Pulling a string or strings apart 

activate the device producing a noise 

effect.

0.016 total grams of chemical composition, which is limited to barium, potassium, and/or sodium chlorate with red 

phosphorus.

Inner packages must not 

contain more than 12 

devices. 

Novelty Flitter Sparkler ........ Consists of a paper or cardboard tube 

attached to a stick or wire. Upon ignition, the device produces a shower of 

sparks, a colored flame, and/or a 

crackling effect.

5 total grams of chemical composition, 

with no reports permitted. Formulations containing chlorates are limited 

to 4 grams with no more than 15 percent of the formulation being chlorates.

Party Poppers ...................... Is a device that is actuated by means of 

friction. Pulling a string or trigger activates the device producing a noise effect and releasing paper streamers or 

confetti. Common examples resemble 

champagne bottles and toy pistols.

0.016 total grams of chemical composition, which is limited to barium, potassium, and/or sodium chlorate with red 

phosphorus.

Inner packages must not 

contain more than 72 

devices. 

Novelty Snakes and GlowWorms.Consists of pressed pellet of pyrotechnic 

composition that upon ignition, 

produce a snake-like ash that expands 

in length as the composition is consumed.

2 total grams of chemical composition. 

Only formulations of nitrated asphalt, 

asphaltum, bitumen, pitch, and/or tar 

with an oxidizer (with or without a 

binder) are permitted.

Inner packaging must not 

contain more than 25 

devices. 

Snappers ............................. Consists of small, paper-wrapped items. 

When dropped, the device activates, 

producing a noise effect.

0.001 total grams of silver fulminate 

coated on small bits of sand or gravel.

Inner packages must not 

contain more than 50 

devices with sawdust or 

other impact absorbing 

materials. 

Novelty Wire Sparkler or 

Novelty Dipped Stick.

Consists of a metal wire or wood dowel 

coated with a chemical composition. 

Upon ignition, the device produces a 

shower of sparks, a colored flame, 

and/or a crackling effect.

25 total grams of chemical composition, 

with no reports permitted. Formulations containing perchlorates are limited to 5 grams. Formulations containing chlorates are limited to 4 

grams with no more than 15 percent 

of the formulations being chlorates.

Inner packages must not 

contain more than 8 devices. 

Novelty Smoke Device ........ Consists of a paper or cardboard tube 

that upon ignition, emits smoke as the 

only effect.

5 total grams of chemical composition, 

with no reports permitted. All mixtures 

containing a chlorate must contain an 

equal amount or greater amount of a 

carbonate or bicarbonate (e.g., calcium carbonate, sodium bicarbonate).

Inner packages must not 

contain more than 72 

devices. 

(4) Recordkeeping requirements. In 

addition to the certification of each low 

hazard firework in accordance with this 

section, the manufacturer must maintain 

a record of the documents 

demonstrating compliance with this 

section. Each record must clearly 

provide the FW number assigned to the 

device certified. The record must 

contain the following information at 

minimum: FW certification document, 

category of device, drawing, 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 November 

17, 2023, under authority delegated in 49 

CFR 1.97. 

William S. Schoonover, 

Associate Administrator for Hazardous 

Materials Safety, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2023–25887 Filed 11–29–23; 8:45 am] 

BILLING CODE 4910–60–P 


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