Interpretation Response #26-0058
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Lynch Imports, LLC
Individual Name: Elizabeth Lynch
Location State: IN Country: US
View the Interpretation Document
Response text:
June 8, 2026
Ms. Elizabeth Lynch
Lynch Imports, LLC
11628 State Road 46
Sunman, IN 47041
Reference No. 26-0058
Dear Ms. Lynch:
This letter is in response to your May 8, 2026 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of fireworks. Specifically, you seek clarification on behalf of your retail customers who purchase Division 1.3G and 1.4G fireworks. You state that your customers purchase fireworks for personal use, receive no compensation for their shows, and do not operate in commerce. You note that these customers occasionally encounter local officials who believe that HMR requirements, such as placarding, apply to your customers’ personal vehicles. You ask if the above scenario is subject to the HMR.
No. As provided by § 171.1(d)(6), the transportation of a hazardous material, including Division 1.3G and 1.4G display fireworks, by an individual for non-commercial purposes in a private motor vehicle, including a leased or rented motor vehicle, is not subject to the requirements of the HMR, such as placarding. Please note that any trade or transportation within the United States, including non-profit operations, is considered commercial. See PHMSA Office of the Chief Counsel Letter of Interpretation. In addition, note that even though not subject to the HMR, the purchase, movement, possession, and storage of fireworks by persons not operating in commerce may still be subject to other federal, state, or local restrictions.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Arthur Pollack
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
171.1(d)(6)