§173.64. Exceptions for Division 1.3 and 1.4 fireworks. — Inbound Citations

(2) Standard for the Construction, Classification, Approval, and Transportation of Display Fireworks, final draft January 1, 2018 (excluding appendices II through IV), into § 173.64.

(b) Except for fireworks approved in accordance with § 173.64 of this subchapter, a package of Class 1 materials may be marked as follows, in lieu of the EX number required by paragraph (a) of this section:

(1) With a national stock number issued by the Department of Defense or identifying information, such as a product code required by regulations for commercial explosives specified in 27 CFR part 555, if the national stock number or identifying information can be specifically associated with the EX number assigned; or

(2) For Division 1.4G consumer fireworks reviewed by a Fireworks Certification Agency approved in accordance with 49 CFR part 107 subpart E and certified in accordance with § 173.65, with the FC number assigned by a DOT-approved Fireworks Certification Agency.

(b) Except as provided in §§ 173.64, 173.65, and 173.67, no person may offer a new explosive for transportation unless that person has specified to the examining agency the ranges of composition of ingredients and compounds, showing the intended manufacturing tolerances in the composition of substances or design of articles which will be allowed in that material or device, and unless it has been examined, classed and approved as follows:

(1) Except for an explosive made by or under the direction or supervision of the Department of Defense (DOD) or the Department of Energy (DOE), a new explosive must be examined and assigned a recommended shipping description, division and compatibility group, based on the tests and criteria prescribed in §§ 173.52, 173.57 and 173.58. The person requesting approval of the new explosive must submit to the Associate Administrator a report of the examination and assignment of a recommended shipping description, division, and compatibility group. If the Associate Administrator finds the approval request meets the regulatory criteria, the new explosive will be approved in writing and assigned an EX number. The examination must be performed by a person who is approved by the Associate Administrator under the provisions of subpart H of part 107 of this chapter and who—

(i) Has (directly, or through an employee involved in the examination) at least ten years of experience in the examination, testing and evaluation of explosives;

(ii) Does not manufacture or market explosives, and is not controlled by or financially dependent on any entity that manufactures or markets explosives, and whose work with respect to explosives is limited to examination, testing and evaluation; and

(2) A new explosive made by or under the direction or supervision of a component of the DOD may be examined, classed, and concurred in by:

(i) U.S. Army Technical Center for Explosives Safety (SMCAC-EST), Naval Sea Systems Command (SEA-9934), or Air Force Safety Agency (SEW), when approved by the Chairman, DOD Explosives Board, in accordance with the DOD Ammunition and Explosives Hazard Classification Procedures (IBR, see § 171.7 of the subchapter); or

(3) A new explosive made by or under the direction or supervision of the Department of Energy (DOE) may be—

(i) Examined by the DOE in accordance with the DOD Explosives Hazard Classification Procedures, and must be classed and approved by DOE; or

(4) For a material shipped under the description of “ammonium nitrate-fuel oil mixture (ANFO)”, the only test required for classification purposes is the Cap Sensitivity Test—Test Method 5(a) prescribed in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see § 171.7 of the subchapter). The test must be performed by an agency listed in paragraph (b)(1), (b)(2), or (b)(3) of this section, the manufacturer, or the shipper. A copy of the test report must be submitted to the Associate Administrator before the material is offered for transportation, and a copy of the test report must be retained by the shipper for as long as that material is shipped. At a minimum, the test report must contain the name and address of the person or organization conducting the test, date of the test, quantitative description of the mixture, including prill size and porosity, and a description of the test results.

(3) For the purposes of classification, any means of initiation without two effective protective features should be regarded as Compatibility Group B; an article with its own means of initiation, without two effective protective features, is Compatibility Group F. A means of initiation which itself possesses two effective protective features is Compatibility Group D, and an article with its own means of initiation which possesses two effective features is Compatibility Group D or E. A means of initiation, adjudged as having two effective protective features, must be approved by the Associate Administrator. A common and effective way of achieving the necessary degree of protection is to use a means of initiation which incorporates two or more independent safety features.

Jet perforating guns, charged, oil well, without detonator. Articles consisting of a steel tube or metallic strip, into which are inserted shaped charges connected by detonating cord, without means of initiation.

Lighters, fuse. Articles of various design actuated by friction, percussion, or electricity and used to ignite safety fuse.

Low hazard fireworks. Pyrotechnic articles of certain chemical composition, design, and packaging that are not designed to leave ground level, contain no aerial components, present a Division 1.4G hazard during transportation, and comply with any limits and requirements found therein, as listed in § 173.64. Low hazard fireworks include ground and novelty devices.

Mass explosion. Explosion which affects almost the entire load virtually instantaneously.

Mines. Articles consisting normally of metal or composition receptacles and bursting charge. They are designed to be operated by the passage of ships, vehicles, or personnel. The term includes Bangalore torpedoes.

Phlegmatized. The term means that a substance (or “phlegmatizer”) has been added to an explosive to enhance its safety in handling and transport. The phlegmatizer renders the explosive insensitive, or less sensitive, to the following actions: heat, shock, impact, percussion or friction. Typical phlegmatizing agents include, but are not limited to: wax, paper, water, polymers (such as chlorofluoropolymers), alcohol and oils (such as petroleum jelly and paraffin).

Powder cake (powder paste). Substance consisting of nitrocellulose impregnated with not more than 60 percent of nitroglycerin or other liquid organic nitrates or a mixture of these.

Powder, smokeless. Substance based on nitrocellulose used as propellant. The term includes propellants with a single base (nitrocellulose (NC) alone), those with a double base (such as NC and nitroglycerin (NG)) and those with a triple base (such as NC/NG/nitroguanidine). Cast pressed or bag-charges of smokeless powder are listed under charges, propelling and charges, propelling for cannon.

Primers, cap type. Articles consisting of a metal or plastic cap containing a small amount of primary explosive mixture that is readily ignited by impact. They serve as igniting elements in small arms cartridges and in percussion primers for propelling charges.

Primers, tubular. Articles consisting of a primer for ignition and an auxiliary charge of deflagrating explosive, such as black powder, used to ignite the propelling charge in a cartridge case for cannon, etc.

Projectiles. Articles, such as a shell or bullet, which are projected from a cannon or other artillery gun, rifle, or other small arm. They may be inert, with or without tracer, or may contain a burster, expelling charge or bursting charge. The term includes: projectiles, inert, with tracer; projectiles, with burster or expelling charge; and projectiles, with bursting charge.

Propellant, liquid. Substances consisting of a deflagrating liquid explosive, used for propulsion.

Propellant, solid. Substances consisting of a deflagrating solid explosive, used for propulsion.

Propellants. Deflagrating explosives used for propulsion or for reducing the drag of projectiles.

Release devices, explosive. Articles consisting of a small charge of explosive with means of initiation. They sever rods or links to release equipment quickly.

Rocket motors. Articles consisting of a solid, liquid, or hypergolic propellant contained in a cylinder fitted with one or more nozzles. They are designed to propel a rocket or guided missile. The term includes: rocket motors; rocket motors with hypergolic liquids with or without an expelling charge; and rocket motors, liquid fuelled.

Rockets. Articles containing a rocket motor and a payload which may be an explosive warhead or other device. The term includes: guided missiles; rockets, line-throwing; rockets, liquid fuelled, with bursting charge; rockets, with bursting charge; rockets, with expelling charge; and rockets, with inert head.

Signals. Articles consisting of pyrotechnic substances designed to produce signals by means of sound, flame, or smoke or any combination thereof. The term includes: signal devices, hand; signals, distress ship; signals, railway track, explosive; signals, smoke.

Sounding devices, explosive. Articles consisting of a charge of detonating explosive. They are dropped from ships and function when they reach a predetermined depth or the sea bed.

Substance, explosive, very insensitive (Substance, EVI) N.O.S. Substances which present a mass explosive hazard but which are so insensitive that there is very little probability of initiation, or of transition from burning to detonation under normal conditions of transport and which have passed test series 5.

Torpedoes. Articles containing an explosive or non-explosive propulsion system and designed to be propelled through water. They may contain an inert head or warhead. The term includes: torpedoes, liquid fuelled, with inert head; torpedoes, liquid fuelled, with or without bursting charge; and torpedoes, with bursting charge.

Tracers for ammunition. Sealed articles containing pyrotechnic substances, designed to reveal the trajectory of a projectile.

Warheads. Articles containing detonating explosives, designed to be fitted to a rocket, guided missile, or torpedo. They may contain a burster or expelling charge or bursting charge. The term includes: warhead rocket with bursting charge; and warheads, torpedo, with bursting charge.

(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”.

(a) Notwithstanding the requirements of §§ 173.56(b), 173.56(f), 173.56(i), and 173.64, Division 1.4G consumer fireworks may be offered for transportation provided the following conditions are met:

(1) The fireworks are manufactured in accordance with the applicable requirements in APA 87-1A (IBR, see § 171.7 of this subchapter);

(2) The device must pass a thermal stability test. The test must be performed by maintaining the device, or a representative prototype of the device, at a temperature of 75 °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 of the Division 1.4G consumer firework applies in writing to a DOT-approved Fireworks Certification Agency, and is notified in writing by the DOT-approved Fireworks Certification Agency that the firework has been:

(i) Certified that it complies with APA 87-1A, and meets the requirements of this section; and

(4) The manufacturer's application must be complete and include:

(i) Detailed diagram of the device;

(ii) Complete list of the chemical compositions, formulations and quantities used in the device;

(iii) Results of the thermal stability test; and

(iv) Signed certification declaring that the device for which certification is requested conforms to the APA 87-1A, that the descriptions and technical information contained in the application are complete and accurate, and that no duplicate applications have been submitted to PHMSA. If the application is denied, the Fireworks Certification Agency must notify the manufacturer in writing of the reasons for the denial. As detailed in the DOT-approval issued to the Fireworks Certification Agency, following the issuance of a denial from a Fireworks Certification Agency, a manufacturer may seek reconsideration from the Fireworks Certification Agency, or may appeal the reconsideration decision of the Fireworks Certification Agency to the PHMSA Administrator.

(7) For cryogenic liquids in tank cars, see § 173.319(d)(1).

Flammable gas. See § 173.115 of this subchapter.

Flammable liquid. See § 173.120 of this subchapter.

Flammable solid. See § 173.124 of this subchapter.

Flexible bulk container means a flexible container with a capacity not exceeding 15 cubic meters and includes liners and attached handling devices and service equipment.

Flash point. See § 173.120 of this subchapter.

Freight container means a reusable container having a volume of 64 cubic feet or more, designed and constructed to permit being lifted with its contents intact and intended primarily for containment of packages (in unit form) during transportation.

Fuel cell means an electrochemical device that converts the energy of the chemical reaction between a fuel, such as hydrogen or hydrogen rich gases, alcohols, or hydrocarbons, and an oxidant, such as air or oxygen, to direct current (d.c.) power, heat, and other reaction products.

Fuel cell cartridge or fuel cartridge means an article that stores fuel for discharge into the fuel cell through a valve(s) that controls the discharge of fuel into the fuel cell.

Fuel cell system means a fuel cell with an installed fuel cell cartridge together with wiring, valves, and other attachments that connect the fuel cell or cartridge to the device it powers. The fuel cell or cartridge may be so constructed that it forms an integral part of the device or may be removed and connected manually to the device.

Fuel tank means a tank other than a cargo tank, used to transport flammable or combustible liquid, or compressed gas for the purpose of supplying fuel for propulsion of the transport vehicle to which it is attached, or for the operation of other equipment on the transport vehicle.

Fumigated lading. See §§ 172.302(g) and 173.9.

FW number means a unique identifier number assigned by the Associate Administrator to a Division 1.4G consumer firework device certified in accordance with § 173.64(b) of this subchapter.

Gas means a material which has a vapor pressure greater than 300 kPa (43.5 psia) at 50 °C (122 °F) or is completely gaseous at 20 °C (68 °F) at a standard pressure of 101.3 kPa (14.7 psia).

Gross weight or Gross mass means the weight of a packaging plus the weight of its contents.

Hazard class means the category of hazard assigned to a hazardous material under the definitional criteria of part 173 of this subchapter and the provisions of the § 172.101 table. A material may meet the defining criteria for more than one hazard class but is assigned to only one hazard class.

Hazard zone means one of four levels of hazard (Hazard Zones A through D) assigned to gases, as specified in § 173.116(a) of this subchapter, and one of two levels of hazards (Hazard Zones A and B) assigned to liquids that are poisonous by inhalation, as specified in § 173.133(a) of this subchapter. A hazard zone is based on the LC50 value for acute inhalation toxicity of gases and vapors, as specified in § 173.133(a).

Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of this subchapter.

Hazardous substance for the purposes of this subchapter, means a material, including its mixtures and solutions, that—