Feds Hand Fireworks Approval Power to Cert Gurus
Published Date: 8/7/2026
Rule
Summary
This final rule expands the authority of a Fireworks Certification Agency (FCA) to obtain the ability to approve fireworks constructed to certain requirements. These amendments will streamline PHMSA's fireworks approval process and provide the industry with improved regulatory flexibility.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 4 costs, 0 mixed.
FCAs Can Certify Display and EI&T Fireworks
Starting September 8, 2026, Fireworks Certification Agencies (FCAs) approved under 49 CFR 107.402 may obtain authority to certify fireworks built to the APA 87-1B (display fireworks) and APA 87-1C (entertainment industry and technical pyrotechnics) standards in addition to APA 87-1A. PHMSA says this gives manufacturers the option to pay FCAs for expedited certification instead of using PHMSA's free approval process, which PHMSA says will provide cost savings and greater regulatory flexibility.
Thermal Stability Test Requirement for Devices
To be certified, a firework, pyrotechnic device, or fuse must pass a thermal stability test by being held at 75 °C (167 °F) for 48 consecutive hours; components that could contact each other must be placed in contact during the test. Test results must be included in the manufacturer's application to an FCA or PHMSA.
Five-Year Certification Record Requirement
If you manufacture or import fireworks, you must keep a paper or electronic copy of the FCA certification showing the unique identifier and the certifying FCA for five (5) years at or through your principal place of business and make it available to PHMSA on request. The rule requires these records to be retained by each importer, manufacturer, or a foreign manufacturer's U.S. agent for five years after importation.
New FCA Application and Independence Rules
Entities applying to be a DOT-approved Fireworks Certification Agency must meet new application rules: be a U.S. resident or have a U.S. agent, employ qualified personnel (experience or degrees in relevant fields), show facility addresses, provide written operating procedures, disclose anyone with more than a 3% interest, and be independent (not owned by fireworks manufacturers, distributors, importers, or exporters).
Limit on FCA Approval for Certain Professional Classification
Under the final rule, FCAs may only authorize UN0431 (Articles, pyrotechnic for technical purposes) under APA 87-1C; FCAs are not authorized to issue approvals that classify articles as "UN0336, Fireworks, 1.4G" for professional-use-only classification under APA 87-1C. Manufacturers seeking that UN0336 professional-use classification will not be able to rely on FCA approval for that specific classification.
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