80 FR 17706 - Clarification on Policy for Additional Name Requests Regarding Fireworks
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 80, Issue 63 (April 2, 2015)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 80, Issue 63 (April 2, 2015)
| Page Range | 17706-17707 | |
| FR Document | 2015-07425 |
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)] [Rules and Regulations] [Pages 17706-17707] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07425] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 173 [Docket No. PHMSA-2013-0205; Notice No. 15-10] Clarification on Policy for Additional Name Requests Regarding Fireworks AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Clarification. ----------------------------------------------------------------------- SUMMARY: The Pipeline and Hazardous Materials Safety Administration's (PHMSA), Office of Hazardous Materials Safety (OHMS), is revising its application-approval procedures for previously approved firework designs and clarifying requirements for assigning Explosives (EX) Approval or Fireworks Certification (FC) numbers. It is not required or necessary for a firework manufacturer, or designated agent, to submit a new EX Approval application each time an additional item name is associated with a firework design type (described under UN0336, UN0335, and UN0431). PHMSA will no longer process additional item name EX Approval applications, effective immediately. DATES: Effective April 2, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Ryan Paquet, Director, Approvals and Permits Division, Office of Hazardous Materials Safety, (202) 366- 4512, PHMSA, 1200 New Jersey Avenue SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: I. Background On July 16, 2013, PHMSA published a final rule under docket HM-257 titled, ``Hazardous Materials: Revision to Fireworks Regulations (RRR).'' The intent of the final rule was to provide regulatory flexibility in seeking authorization for the transportation of Division 1.4G consumer fireworks (UN0336 Fireworks). The final rule created a new type of DOT-approved certification agency, the Firework Certification Agency (FCA), which serves as an optional alternate approvals agency for fireworks manufacturers or designated U.S. agents to submit approval applications. These approvals issued by FCAs use a ``FC'' numbering system different from PHMSA's ``EX'' system. As mentioned above, the intent of the final rule was to provide regulatory flexibility in the approval process for 1.4G consumer fireworks. PHMSA found that the level of effort required to process that high-volume of Approval applications was not commensurate with the safety benefits required by the APA Standard 87-1 or the Hazardous Materials Regulations (HMR, 49 CFR parts 171-180). PHMSA's Approvals and Permits Division evaluates and approves as many as 1,000 applications annually for devices that are chemically and physically identical. The only variant is the item or device's name. PHMSA identified an additional area where can streamline and expedite the approval process. Typically, firework manufacturers request a revised EX Approval application each time they add or change the name of a firework. PHMSA has historically accepted each EX Approval application for each approved firework, to include the original diagram and chemical compositions sheets. This process provides no additional safety benefit. As a result, PHMSA will no longer provide these approvals. By eliminating this redundant process, PHMSA will devote the saved time and resources toward other applications. As a result, we will reduce the wait-time for other Approval applications with more substantial safety benefits. II. Guidelines for Adding or Changing a Firework Product's Name In accordance with Sec. 172.320, the EX-number, FC-number, product code or national stock number must be either [[Page 17707]] marked on the package for each Class 1 material contained therein or on the shipping paper in association with the shipping description as described in Sec. 172.202(a). Product codes and national stock numbers must be traceable to the specific EX-number assigned by the Associate Administrator or FC-number assigned by a DOT-approved FCA. For manufactures of consumer fireworks that wish to revise or update the product name, the HMR do not prohibit the change. In fact, the manufacturer may print, in any format desired, a new item name on any surface of the package. It is a common industry practice to print the EX or FC number on the fireworks device itself. We encourage industry to continue this practice as an additional means of identifying the product. III. Conclusion A change to the product name (not the proper shipping name) has no bearing on the safety of the firework, the original classification of the firework, or regulatory compliance. When applying for new fireworks applications, manufacturers may wish to simplify their procedures by using product codes or item numbers in accordance with Appendix D, Note 2 in the American Pyrotechnics Association, Standard 87-1 (December 1, 2001 Edition), [Incorporated By Reference (IBR), see 49 CFR 171.7(f)]. Issued in Washington, DC, on March 26, 2015. Ben Supko, Acting Deputy Associate Administrator Policy and Programs, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2015-07425 Filed 4-1-15; 8:45 am] BILLING CODE 4910-60-P
![17706 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations
2013 Comp., p. 306; E.O. 12777, 56 FR 54757, (1) The administrative record file Permits Division, Office of Hazardous
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 shall be made available for public Materials Safety, (202) 366–4512,
FR 2923, 3 CFR, 1987 Comp., p. 193. inspection when the engineering PHMSA, 1200 New Jersey Avenue SE.,
■ 2. Section 300.415 is amended by evaluation/cost analysis (EE/CA) is Washington, DC 20590.
revising paragraphs (n)(2)(i) and made available for public comment. At SUPPLEMENTARY INFORMATION:
(n)(4)(ii) to read as follows: such time, the lead agency shall publish
in a major local newspaper of general I. Background
§ 300.415 Removal action. circulation a notice or use one or more On July 16, 2013, PHMSA published
* * * * * other mechanisms to give adequate a final rule under docket HM–257 titled,
(n) * * * notice to a community of the availability ‘‘Hazardous Materials: Revision to
(2) * * * of the administrative record file. Fireworks Regulations (RRR).’’ The
(i) Publish a notice of availability of * * * * * intent of the final rule was to provide
the administrative record file (b) * * * regulatory flexibility in seeking
established pursuant to § 300.820 in a (1) Documents included in the authorization for the transportation of
major local newspaper of general administrative record file shall be made Division 1.4G consumer fireworks
circulation or use one or more other available for public inspection no later (UN0336 Fireworks). The final rule
mechanisms to give adequate notice to than 60 days after initiation of on-site created a new type of DOT-approved
a community within 60 days of removal activity. At such time, the lead certification agency, the Firework
initiation of on-site removal activity; agency shall publish in a major local Certification Agency (FCA), which
* * * * * newspaper of general circulation a serves as an optional alternate approvals
(4) * * * notice or use one or more other agency for fireworks manufacturers or
(ii) Publish a notice of availability and mechanisms to give adequate notice to designated U.S. agents to submit
brief description of the EE/CA in a a community of the availability of the approval applications. These approvals
major local newspaper of general administrative record file. issued by FCAs use a ‘‘FC’’ numbering
circulation or use one or more other system different from PHMSA’s ‘‘EX’’
* * * * * system. As mentioned above, the intent
mechanisms to give adequate notice to [FR Doc. 2015–07474 Filed 4–1–15; 8:45 am]
a community pursuant to § 300.820; of the final rule was to provide
BILLING CODE 6560–50–P
regulatory flexibility in the approval
* * * * *
process for 1.4G consumer fireworks.
■ 3. Section 300.425 is amended by PHMSA found that the level of effort
revising paragraph (e)(4)(ii) to read as DEPARTMENT OF TRANSPORTATION required to process that high-volume of
follows: Approval applications was not
Pipeline and Hazardous Materials
§ 300.425 Establishing remedial priorities. commensurate with the safety benefits
Safety Administration
required by the APA Standard 87–1 or
* * * * *
the Hazardous Materials Regulations
(e) * * * 49 CFR Part 173 (HMR, 49 CFR parts 171–180).
(4) * * * PHMSA’s Approvals and Permits
[Docket No. PHMSA–2013–0205; Notice No.
(ii) In a major local newspaper of 15–10] Division evaluates and approves as
general circulation at or near the release many as 1,000 applications annually for
that is proposed for deletion, publish a Clarification on Policy for Additional devices that are chemically and
notice of availability or use one or more Name Requests Regarding Fireworks physically identical. The only variant is
other mechanisms to give adequate the item or device’s name. PHMSA
notice to a community of the intent to AGENCY: Pipeline and Hazardous
Materials Safety Administration identified an additional area where can
delete; streamline and expedite the approval
* * * * * (PHMSA), DOT.
process. Typically, firework
ACTION: Clarification.
■ 4. Section 300.815 is amended by manufacturers request a revised EX
revising paragraph (a) to read as follows: SUMMARY: The Pipeline and Hazardous Approval application each time they
Materials Safety Administration’s add or change the name of a firework.
§ 300.815 Administrative record file for a
(PHMSA), Office of Hazardous Materials PHMSA has historically accepted each
remedial action.
Safety (OHMS), is revising its EX Approval application for each
(a) The administrative record file for approved firework, to include the
the selection of a remedial action shall application-approval procedures for
previously approved firework designs original diagram and chemical
be made available for public inspection compositions sheets. This process
at the commencement of the remedial and clarifying requirements for
assigning Explosives (EX) Approval or provides no additional safety benefit. As
investigation phase. At such time, the a result, PHMSA will no longer provide
lead agency shall publish in a major Fireworks Certification (FC) numbers. It
is not required or necessary for a these approvals.
local newspaper of general circulation a By eliminating this redundant
notice or use one or more other firework manufacturer, or designated
agent, to submit a new EX Approval process, PHMSA will devote the saved
mechanisms to give adequate notice to time and resources toward other
a community of the availability of the application each time an additional item
name is associated with a firework applications. As a result, we will reduce
administrative record file. the wait-time for other Approval
design type (described under UN0336,
* * * * * UN0335, and UN0431). PHMSA will no applications with more substantial
■ 5. Section 300.820 is amended by safety benefits.
tkelley on DSK3SPTVN1PROD with RULES
longer process additional item name EX
revising paragraphs (a)(1) and (b)(1) to Approval applications, effective II. Guidelines for Adding or Changing
read as follows: immediately. a Firework Product’s Name
§ 300.820 Administrative record file for a DATES: Effective April 2, 2015. In accordance with § 172.320, the EX-
removal action. FOR FURTHER INFORMATION CONTACT: Mr. number, FC-number, product code or
(a) * * * Ryan Paquet, Director, Approvals and national stock number must be either
VerDate Sep<11>2014 16:10 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1](https://thefederalregister.org/doc/80_FR_17769/page/1.svg)
![Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 17707
marked on the package for each Class 1 surface of the package. It is a common their procedures by using product codes
material contained therein or on the industry practice to print the EX or FC or item numbers in accordance with
shipping paper in association with the number on the fireworks device itself. Appendix D, Note 2 in the American
shipping description as described in We encourage industry to continue this Pyrotechnics Association, Standard 87–
§ 172.202(a). Product codes and national practice as an additional means of 1 (December 1, 2001 Edition),
stock numbers must be traceable to the identifying the product. [Incorporated By Reference (IBR), see 49
specific EX-number assigned by the CFR 171.7(f)].
Associate Administrator or FC-number III. Conclusion
Issued in Washington, DC, on March 26,
assigned by a DOT-approved FCA. A change to the product name (not the 2015.
For manufactures of consumer proper shipping name) has no bearing Ben Supko,
fireworks that wish to revise or update on the safety of the firework, the Acting Deputy Associate Administrator Policy
the product name, the HMR do not original classification of the firework, or and Programs, Pipeline and Hazardous
prohibit the change. In fact, the regulatory compliance. When applying Materials Safety Administration.
manufacturer may print, in any format for new fireworks applications, [FR Doc. 2015–07425 Filed 4–1–15; 8:45 am]
desired, a new item name on any manufacturers may wish to simplify BILLING CODE 4910–60–P
tkelley on DSK3SPTVN1PROD with RULES
VerDate Sep<11>2014 16:10 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 E:\FR\FM\02APR1.SGM 02APR1](https://thefederalregister.org/doc/80_FR_17769/page/2.svg)
Document Created: 2018-02-21 10:03:56
Document Modified: 2018-02-21 10:03:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Clarification. | |
| Dates | Effective April 2, 2015. | |
| Contact | Mr. Ryan Paquet, Director, Approvals and Permits Division, Office of Hazardous Materials Safety, (202) 366- 4512, PHMSA, 1200 New Jersey Avenue SE., Washington, DC 20590. | |
| FR Citation | 80 FR 17706 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR