49 C.F.R. § 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 (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:
| 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. |
| 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 ( | 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), | 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. 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 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 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:
| Type | Description | Specification | 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 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. |
| 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 ( | Inner packages must not contain more than 72 devices. |
(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.