[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59769-59770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24686]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2011-0157; Notice No. 11-6]


Clarification on the Division 1.1 Fireworks Approvals Policy

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

ACTION: Clarification.

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SUMMARY: In this document, PHMSA is seeking comment on its intent to 
clarify its fireworks approvals policy whereby the Office of Hazardous 
Materials Safety (OHMS), Approvals and Permits Division will accept 
only those classification approval applications for Division 1.1 
fireworks that have been examined and assigned a recommended shipping 
description, division and compatibility group by a DOT-approved 
explosives test laboratory, or that have been issued an approval for 
the explosive by the competent authority of a foreign government 
acknowledged by PHMSA's Associate Administrator. If the Associate 
Administrator finds the approval request meets the regulatory criteria, 
the new explosive will be approved in writing and assigned an EX 
number.

DATES: Comments Due Date: October 27, 2011.

ADDRESSES: You may submit comments by identification of the docket 
number (PHMSA-2011-0157 (Notice No. 11-6)) by any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number for this notice at the beginning of the comment. All 
comments received will be posted without change to the Federal Docket 
Management System (FDMS), including any personal information.

[[Page 59770]]

    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).

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.

Background

    The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) 
require that Division 1.1 fireworks must be examined by a DOT-approved 
explosives test laboratory and assigned a recommended shipping 
description, division, and compatibility group in accordance with Sec.  
173.56(b). The tests provided for the classification of Division 1.1 
fireworks specified in Sec. Sec.  173.57 and 173.58 describe the 
procedures used to determine the acceptance criteria and assignment of 
class and division for all new explosives.
    The HMR also permit Division 1.1 firework devices that have been 
approved by the competent authority of a foreign government that 
PHMSA's Associate Administrator has acknowledged in writing as 
acceptable in accordance with 49 CFR Sec.  173.56(g).
    According to Sec.  173.56(j), manufacturers of Division 1.3 and 1.4 
fireworks or their designated U.S. agents may apply for an EX 
classification approval without prior examination by a DOT-approved 
explosives test laboratory if the firework device is manufactured in 
accordance with APA Standard 87-1 (IBR, see Sec.  171.7), and the 
device passes the thermal stability test. Additionally, the applicant 
must certify that the firework device conforms to the APA Standard 87-1 
and that the descriptions and technical information contained in the 
application are complete and accurate. PHMSA has in the past, on a 
case-by-case basis, approved some Division 1.1G fireworks without 
requiring testing by a DOT-approved explosives examination laboratory. 
However, we evaluate each EX approval application independently and 
have also required Division 1.1G fireworks to undergo examination 
testing by a DOT-approved explosive examination lab prior to issuing 
the EX approval.
    While APA Standard 87-1 references two instances where Division 1.1 
fireworks may be approved under the standard, it does not call for the 
level of testing required in the HMR, nor does it provide testing and 
criteria to determine when a firework ceases to be a Division 1.1 and 
becomes forbidden for transport.
    We are clarifying our policy that all Division 1.1 fireworks must 
undergo examination by a DOT-approved explosives examination 
laboratory. However, if a fireworks device is classed and approved as a 
Division 1.1 firework, the UN Test Method 6 is not required. Rather, 
the testing will be limited to UN Test Method 4a(i) and 4b(ii), as is 
already specified in Sec.  173.57(b). The examination laboratory may 
request additional information if necessary to make their 
classification recommendation. Additionally, we allow the laboratory to 
make a classification recommendation for Division 1.1 fireworks based 
on analogy.
    PHMSA believes that by adhering to the requirements of the HMR and 
issuing Division 1.1 fireworks approvals only after a DOT-approved 
explosive laboratory has examined and recommended a classification, or 
an approval has been issued by a competent authority of a foreign 
government acknowledged by PHMSA's Associate Administrator, we are 
ensuring that fireworks transported in commerce meet the established 
criteria for their assigned classification, thereby minimizing the 
potential of the shipment of incorrectly classified or forbidden 
fireworks.
    For these safety reasons, PHMSA is seeking comment on its 
clarification of its fireworks approvals policy whereby PHMSA will 
accept and issue only those classification approval applications for 
Division 1.1 fireworks that have been examined and assigned a 
recommended shipping description, division, and compatibility group by 
a DOT-approved explosives test laboratory in accordance with 49 CFR 
173.56(b), or has been approved by the competent authority of a foreign 
government that PHMSA's Associate Administrator has acknowledged in 
writing as acceptable in accordance with 49 CFR 173.56(g).

    Issued in Washington, DC on September 21, 2011.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2011-24686 Filed 9-26-11; 8:45 am]
BILLING CODE 4910-60-P