81_FR_23154 81 FR 23079 - Hazardous Materials: U.S. Designated Agents by Non-Resident Firework Manufacturers Guidance

81 FR 23079 - Hazardous Materials: U.S. Designated Agents by Non-Resident Firework Manufacturers Guidance

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 75 (April 19, 2016)

Page Range23079-23079
FR Document2016-09015

PHMSA is issuing this guidance clarifying that: (1) Firework manufacturers may have more than one U.S. Designated Agent provided they follow certain criteria; and (2) inclusion of electronic contact information can help reduce processing times for approval requests.

Federal Register, Volume 81 Issue 75 (Tuesday, April 19, 2016) 
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Page 23079]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09015]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0035; Notice No. 2016-03]


Hazardous Materials: U.S. Designated Agents by Non-Resident 
Firework Manufacturers Guidance

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Guidance Notice.

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SUMMARY: PHMSA is issuing this guidance clarifying that: (1) Firework 
manufacturers may have more than one U.S. Designated Agent provided 
they follow certain criteria; and (2) inclusion of electronic contact 
information can help reduce processing times for approval requests.

DATES: The policy clarification discussed in this document is effective 
April 19, 2016.

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. 
Correspondence with respect to this notice should be sent to: 
[email protected], subject line--``U.S. Designated Agents Guidance'' or 
respond to the listed address for Mr. Ryan Paquet.

SUPPLEMENTARY INFORMATION:

I. Introduction

    In this action, PHMSA's Office of Hazardous Materials Safety (OHMS) 
is issuing this Public Outreach Notice to clarify PHMSA's policy 
regarding the use of U.S. Designated Agents by non-resident firework 
manufacturers, clarifying the number of U.S. Designated Agents non-
resident firework manufacturers may use.

II. Background

    Pursuant to 49 CFR 173.56(b), a new explosive (firework) must be 
examined and assigned a recommended shipping description, division, and 
compatibility group by an examining agency, which is approved by PHMSA, 
unless the firework is manufactured to comply with the requirements 
specified in Sec. Sec.  173.64 and 173.65. Applicant firework 
manufacturers that are not residents of the United States are required 
to designate an individual, a firm, or a domestic corporation that is a 
permanent resident of the United States to act as the non-resident 
applicant firework manufacturer's U.S. Designated Agent, in accordance 
with Sec.  105.40.

III. Action

    PHMSA is no longer restricting non-resident firework manufacturers 
to the use of one U.S. Designated Agent. Since PHMSA allows applicant 
firework manufacturers to have more than one U.S. Designated Agent, the 
following criteria will help PHMSA to ensure that it has the correct 
information regarding a non-resident applicant firework manufacturer's 
U.S. Designated Agent.
    PHMSA is also clarifying in this Notice that, although not required 
under Sec.  105.40, inclusion of electronic contact information (i.e., 
email) allows for a more expedited processing of approvals. When PHMSA 
has only the physical address of the applicant or agent, the process of 
compiling and manually processing for mailing approvals can add as much 
as two weeks to the processing time.
    Non-Resident Application Requests for Classification will be 
reviewed when:
    The U.S. Designated Agent information listed on the application 
request matches the information on the U.S. Designated Agent letter 
enclosed with the request.
    Non-Resident Application Requests for Classification may be 
rejected when:
    The U.S. Designated Agent information listed on the application 
request does not match the information on the U.S. Designated Agent 
letter enclosed with the request.
    The application request indicates that the applicant firework 
manufacturer has a U.S. Designated Agent, but does not include a U.S. 
Designated Agent letter.
    Detailed information on the requirements for classification and 
approval of new fireworks is found in 49 CFR 173.56, 173.64, 173.65, 
the American Pyrotechnics Association's Standard 87-1, and on PHMSA's 
Web site at: www.phmsa.dot.gov/hazmat. Additional information is 
available by calling the Hazardous Materials Information Center at 
(800) 467-4922 or (202) 366-4488.

    Issued in Washington, DC, on April 12, 2016, under authority 
delegated in 49 CFR Part 107.
William S. Schoonover,
Deputy Associate Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2016-09015 Filed 4-18-16; 8:45 am]
 BILLING CODE 4910-60-P

Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices 23079 Register announcing the Buy America I. Introduction a U.S. Designated Agent, but does not waiver request (81 FR 15409), seeking In this action, PHMSA’s Office of include a U.S. Designated Agent letter. comment from all interested parties, Hazardous Materials Safety (OHMS) is Detailed information on the including potential vendors and issuing this Public Outreach Notice to requirements for classification and suppliers. The comment period closed clarify PHMSA’s policy regarding the approval of new fireworks is found in on March 29, 2016, and no comments use of U.S. Designated Agents by non- 49 CFR 173.56, 173.64, 173.65, the were received. Based on the resident firework manufacturers, American Pyrotechnics Association’s representations from IPTC, YATA, clarifying the number of U.S. Designated Standard 87–1, and on PHMSA’s Web KWT, and SRA, the lack of any Agents non-resident firework site at: www.phmsa.dot.gov/hazmat. comments, and the fact that the NIST manufacturers may use. Additional information is available by supplier scouting search did not calling the Hazardous Materials identify a domestically made air II. Background Information Center at (800) 467–4922 or conditioner system, FTA is granting a Pursuant to 49 CFR 173.56(b), a new (202) 366–4488. non-availability waiver for the explosive (firework) must be examined Issued in Washington, DC, on April 12, procurements of the ductless air and assigned a recommended shipping 2016, under authority delegated in 49 CFR conditioning systems described above description, division, and compatibility Part 107. on the grounds that the manufactured group by an examining agency, which is William S. Schoonover, products are not available in the U.S. approved by PHMSA, unless the Deputy Associate Administrator, Pipeline and This waiver is limited to the specific firework is manufactured to comply Hazardous Materials Safety Administration. procurements described in this waiver. with the requirements specified in [FR Doc. 2016–09015 Filed 4–18–16; 8:45 am] Issued on April 14, 2016. §§ 173.64 and 173.65. Applicant BILLING CODE 4910–60–P firework manufacturers that are not Dana Nifosi, residents of the United States are Deputy Chief Counsel. required to designate an individual, a DEPARTMENT OF TRANSPORTATION [FR Doc. 2016–08987 Filed 4–18–16; 8:45 am] firm, or a domestic corporation that is BILLING CODE 4910–57–P a permanent resident of the United States to act as the non-resident [Docket No. DOT–OST–2016–0007] applicant firework manufacturer’s U.S. DEPARTMENT OF TRANSPORTATION Office of the Assistant Secretary for Designated Agent, in accordance with Research and Technology (OST–R) § 105.40. Pipeline and Hazardous Materials Notice of Request for Clearance of a Safety Administration III. Action Revision of a Currently Approved PHMSA is no longer restricting non- Information Collection: National [Docket No. PHMSA–2016–0035; Notice No. resident firework manufacturers to the Census of Ferry Operators 2016–03] use of one U.S. Designated Agent. Since AGENCY: Bureau of Transportation PHMSA allows applicant firework Statistics (BTS) Office of the Assistant Hazardous Materials: U.S. Designated manufacturers to have more than one Agents by Non-Resident Firework Secretary for Research and Technology U.S. Designated Agent, the following (OST–R), DOT. Manufacturers Guidance criteria will help PHMSA to ensure that it has the correct information regarding ACTION: Notice AGENCY: Pipeline and Hazardous Materials Safety Administration a non-resident applicant firework SUMMARY: In accordance with the (PHMSA), DOT. manufacturer’s U.S. Designated Agent. PHMSA is also clarifying in this requirements of section 3506(c)(2)(A) of ACTION: Guidance Notice. Notice that, although not required under the Paperwork Reduction Act of 1995, § 105.40, inclusion of electronic contact this notice announces the intention of SUMMARY: PHMSA is issuing this information (i.e., email) allows for a the BTS to request the Office of guidance clarifying that: (1) Firework more expedited processing of approvals. Management and Budget’s (OMB’s) manufacturers may have more than one When PHMSA has only the physical approval for an information collection U.S. Designated Agent provided they address of the applicant or agent, the related to the nation’s ferry operations. follow certain criteria; and (2) inclusion process of compiling and manually The information collected will be used of electronic contact information can processing for mailing approvals can to produce a descriptive database of help reduce processing times for add as much as two weeks to the existing ferry operations. A summary approval requests. processing time. report of survey findings will also be DATES: The policy clarification Non-Resident Application Requests published by BTS on the BTS Web page. discussed in this document is effective for Classification will be reviewed when: DATES: Comments must be submitted on April 19, 2016. The U.S. Designated Agent or before May 19, 2016. FOR FURTHER INFORMATION CONTACT: Mr. information listed on the application FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Approvals and request matches the information on the Janine L. McFadden, (202) 366–2468, Permits Division, Office of Hazardous U.S. Designated Agent letter enclosed NCFO Project Manager, BTS, OST–R, Materials Safety, (202) 366–4512, with the request. Department of Transportation, 1200 Non-Resident Application Requests New Jersey Ave. SE., Room E34–411, PHMSA, 1200 New Jersey Avenue SE., mstockstill on DSK4VPTVN1PROD with NOTICES for Classification may be rejected when: Washington, DC 20590. Office hours are Washington, DC 20590. Correspondence The U.S. Designated Agent with respect to this notice should be from 8:00 a.m. to 5:30 p.m., E.T., information listed on the application sent to: FIREWORKS@dot.gov, subject Monday through Friday, except Federal request does not match the information line—‘‘U.S. Designated Agents holidays. on the U.S. Designated Agent letter Guidance’’ or respond to the listed enclosed with the request. SUPPLEMENTARY INFORMATION: address for Mr. Ryan Paquet. The application request indicates that Title: National Census of Ferry SUPPLEMENTARY INFORMATION: the applicant firework manufacturer has Operators (NCFO) VerDate Sep<11>2014 18:02 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1


Document Created: 2016-04-19 00:16:10
Document Modified: 2016-04-19 00:16:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGuidance Notice.
DatesThe policy clarification discussed in this document is effective April 19, 2016.
ContactMr. Ryan Paquet, Director, Approvals and Permits Division, Office of Hazardous Materials Safety, (202) 366- 4512, PHMSA, 1200 New Jersey Avenue SE., Washington, DC 20590. Correspondence with respect to this notice should be sent to: [email protected], subject line--``U.S. Designated Agents Guidance'' or
FR Citation81 FR 23079 
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