[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17706-17707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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]
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