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)

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.

[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]


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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.

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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