§173.64 Exceptions for Division 1.3 and 1.4 fireworks.

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(a) Classification and approval. Notwithstanding the requirements of §173.56(b), Division 1.3 and 1.4 fireworks (see §173.65 for provisions applicable to Fireworks Certification Agencies) may be classed and approved by the Associate Administrator without prior examination and offered for transportation if the following conditions are met:

(1) Fireworks must be manufactured in accordance with the applicable requirements in APA 87-1A (IBR, see §171.7 of this subchapter), APA 87-1B (IBR, see §171.7 of this subchapter), and APA 87-1C (IBR, see §171.7 of this subchapter).

(2) The fireworks must pass a thermal stability test conducted by a third-party laboratory or the manufacturer. The test must be performed by maintaining the device, or a representative prototype of a large device such as a display shell, at a temperature of 75°C (167 °F) for 48 consecutive hours. When fireworks contain more than one component, those components that could be in physical contact with each other in the finished firework must be placed in contact with each other during the thermal stability test.

(3) The manufacturer applies in writing to the Associate Administrator following the applicable requirements in APA 87-1A (IBR, see §171.7 of this subchapter), APA 87-1B (IBR, see §171.7 of this subchapter), and APA 87-1C (IBR, see §171.7 of this subchapter), and is notified in writing by the Associate Administrator that the fireworks have been classed, approved, and assigned an EX number. Each application must be complete and include all relevant background data and copies of all applicable drawings, test results, and any other pertinent information on each device for which approval is being requested. The manufacturer must sign the application and certify that the device for which approval is requested conforms to the appropriate APA standard; that the descriptions and technical information contained in the application are complete and accurate; and, with respect to APA 87-1A, that no duplicate application has been submitted to a Fireworks Certification Agency. If the application is denied, the manufacturer will be notified in writing of the reasons for the denial. The Associate Administrator may require that the fireworks be examined by an agency listed in §173.56(b)(1).

(b) Additional exceptions for low hazard Division 1.4 consumer fireworks. Low hazard fireworks are pyrotechnic articles of certain chemical composition, design, and packaging such that they present a Division 1.4 explosive hazard during transportation. Low hazard ground device fireworks listed in table 1 to paragraph (b)(2)(v) of this section and meeting the specified conditions and limitations are eligible for self-classification, certification, and transport as UN0336, Fireworks, Division 1.4G. These low hazard fireworks may in some cases be alternatively classified as Division 1.4S when following the new explosives procedures in §173.56. Low hazard fireworks are not required to go through the explosives approval requirements of §173.56 or the DOT-approved Fireworks Certification Agency requirements of §173.65; however, low hazard ground device fireworks must be certified by the manufacturer with the Associate Administrator and obtain an FW number. Furthermore, low hazard novelty fireworks listed in table 2 to paragraph (b)(3)(iv) of this section meeting the specified conditions and limitations are excepted from the requirements of this subchapter as a Class 1 explosive material.

(1) General requirements. No person may manufacture and offer for transport a low hazard firework not compliant with requirements of this paragraph (b). No person may accept for transport a low hazard firework not certified or excepted from this subchapter as specified in this paragraph (b). If the person certifying compliance with the Associate Administrator is not a resident of the United States, the person must designate an agent for service in accordance with §105.40 of this chapter. In addition, low hazard fireworks:

(i) Must successfully pass a thermal stability test as specified in paragraph (a)(2) of this section; and

(ii) May not be transported as a component part for another firework or explosive.

(2) Requirements specific to ground firework devices. (i) Ground devices must use chemicals in conformance with the Permitted and Restricted Chemical Table for Consumer Fireworks and Novelties list in APA 87-1A, Appendix 1.

(ii) When permitted, all reports are limited to 50 mg of composition per report.

(iii) Ground devices must be initiated by a fuse. However, a fuse is not required for the following types: flitter sparklers, wire or dipped sparklers, fountain (nitrocellulose), and snakes (glow worms).

(iv) Ground devices must be marked with an FW number issued by the Associate Administrator. If the firework is too small for the marking, the outer package of the fireworks must be marked with the FW number.

(v) Authorized ground devices, and their descriptions, specifications, and special conditions for transport are set forth as follows:

(3) Requirements specific to novelty firework devices. Except for transportation by air, novelty fireworks conforming to the requirements of this paragraph (b)(3) are not subject to the requirements of this subchapter. For air transportation, novelty devices must be transported as required by this subchapter for “UN3178, Flammable solid, inorganic, n.o.s. (Novelties), 4.1, PG II.”

(i) Novelty devices must use chemicals in conformance with the Permitted and Restricted Chemical Table for Consumer Fireworks and Novelties in APA 87-1A, Appendix 1 (IBR, see §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:

(4) Recordkeeping requirements. The manufacturer of low hazard ground devices must maintain a record demonstrating compliance with this section. Each record must clearly provide the FW number assigned to the device certified. The record may contain information such as: category of device, drawing(s), chemical composition list, gram quantities, and, if applicable, U.S. agent of service information. The record must be accessible at or through the principal place of business for five years after the device is manufactured and must be made available, upon request, to an authorized official of a Federal, State, or local government agency at a reasonable time and location, not to exceed five (5) business days.

[78 FR 42477, July 16, 2013; 85 FR 75713, Nov. 25, 2020; 91 FR 32903, June 2, 2026]