On February 21, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Clarification on the Division 1.1 Fireworks Approval Policy .
The Hazardous Materials Regulations (HMR) require that Division 1.1 fireworks must be examined by a Department of Transportation (DOT)-approved explosives test laboratory and assigned a recommended shipping description, division and compatibility in accordance with Sec. 173.56(b). PHMSA clarified and restated its policy that all Division 1.1 fireworks must undergo examination by a DOT-approved explosives examination laboratory or be approved by a competent authority. Though Division 1 fireworks will not require UN Test Method 6, the examination laboratory may request additional information to make its classification recommendation.
PHMSA will not accept Division 1.1 fireworks approval application submitted under the APA Standard 87-1 prior to examination by a DOT approved explosives test laboratory. APA Standard 87-1 contains two instances where Division 1.1 fireworks may be approved under the standard; however, it does not call for the level of testing required in the HMR, nor does it provide testing and criteria to determine when a firework ceases to be a Division 1.1 and becomes forbidden for transport.
Through this clarification, PHMSA believes that it is ensuring that fireworks transported in commerce meet the established criteria for their assigned classification, thereby minimizing the potential shipment of incorrectly classified or forbidden fireworks.
For further information or questions regarding the Fireworks Approval Policy or the Clarification, contact Glenn Wicks or Ronce Almond at (202) 457-7790.