Clarification on Fireworks Policy Regarding Approvals or Certifications for Firework Series, 60763-60766 [2013-24082]

Download as PDF Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations 1500) require Federal agencies to consider the consequences of Federal actions and prepare a detailed statement on actions that significantly affect the quality of the human environment. The purpose of this rulemaking is to amend the Department’s existing enforcement procedures to (1) to clarify the Department’s position with respect to perishable hazardous material, by amending the opening of packages provision; (2) provide notice of enforcement measures to affected parties; and (3) address appropriate equipment for inspectors. Because this final rule addresses Congressional mandates, we have limited latitude in defining alternative courses of action. The option of taking no action would be both inconsistent with Congress’ direction and undesirable from the standpoint of safety and enforcement. PHMSA sought comment on the environmental assessment in the NPRM. PHMSA did not receive any comments regarding the environmental assessment contained in that rulemaking. This action has been thoroughly reviewed by PHMSA. Given that the inspection and enforcement procedures in this final rule will not change the current inspection procedures for DOT, but will provide transparency into our existing operations and procedures, PHMSA concludes that the rule will not result in significant environmental impacts. J. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) which may be viewed at: https://www.gpo.gov/ fdsys/pkg/FR-2000-04-11/pdf/008505.pdf. PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS PROCEDURAL REGULATIONS FOR OPENING OF PACKAGES, FOR EMERGENCY ORDERS, AND FOR EMERGENCY RECALLS Pipeline and Hazardous Materials Safety Administration 2. In § 109.5, paragraph (a) introductory text is revised, and paragraph (b) is added to read as follows: [Docket No. PHMSA–2013–0205; Notice No. 13–14] ■ § 109.5 Opening of packages. (a) In general. Except as provided in paragraph (b): * * * * * (b) Perishable hazardous material. To ensure the expeditious transportation of a package containing a perishable hazardous material, an agent will utilize appropriate alternatives before exercising an authority under paragraph (a) of this section. 3. Add § 109.16 to subpart B as follows: ■ § 109.16 Notification of enforcement measures. In addition to complying with the notification requirements in § 109.7 of this part, an agent, after exercising an authority under this Subpart, will immediately take reasonable measures to notify the offeror and the person in possession of the package, providing the reason for the action being taken, the results of any preliminary investigation including apparent violations of subchapter C of this chapter, and any further action that may be warranted. 4. Add subpart D, consisting of § 109.25, to read as follows: ■ § 109.25 sroberts on DSK5SPTVN1PROD with RULES 15:59 Oct 01, 2013 Jkt 232001 DEPARTMENT OF TRANSPORTATION Authority: 49 U.S.C. 5101–5128, 44701; Pub. L. 101–410 Sec. 4 (28 U.S.C. 2461 note); Pub. L. 104–121 Secs. 212–213; Pub. L. 104– 134 Sec. 31001; 49 CFR 1.81, 1.97. Equipment, Inspections and investigations. VerDate Mar<15>2010 [FR Doc. 2013–23894 Filed 10–1–13; 8:45 am] BILLING CODE 4910–60–P 1. The authority citation for part 109 is revised to read as follows: Subpart D—Equipment In consideration of the foregoing, part 109 of chapter I, subtitle B of title 49 of the Code of Federal Regulations is amended as follows: Issued in Washington, DC, on September 26, 2013 under authority delegated in 49 CFR 1.97. Timothy P. Butters, Deputy Administrator, Pipeline and Hazardous Materials Safety Administration. ■ List of Subjects in 49 CFR Part 109 The Final Rule 60763 Equipment. When an agent exercises an authority under subpart B of this part, the agent shall use the appropriate safety, handling, and other equipment authorized by his or her operating administration’s equipment requirements for hazardous material inspectors and investigators. PO 00000 Frm 00111 Fmt 4700 Sfmt 4700 49 CFR Part 173 Clarification on Fireworks Policy Regarding Approvals or Certifications for Firework Series Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Clarification. AGENCY: This notice clarifies PHMSA’s policy regarding applications for firework device series. PHMSA has required separate applications for each individual firework device. Often one firework device has identical hazardous properties to another firework device that is intended to produce a similar result in a firework display. These similar firework devices are considered part of a series of firework devices. In this document, we are clarifying our policy to accept certain fireworks series applications. DATES: October 2, 2013. 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: SUMMARY: I. Introduction In this notice, PHMSA’s Office of Hazardous Materials Safety (OHMS) is issuing its policy regarding firework device series applications, which details the categories of fireworks for which PHMSA firework series applications may be permitted, and the criteria necessary to be considered a firework series. PHMSA believes that by issuing fireworks approvals or certifications to firework device series, the application backlog will be reduced, the current level of safety will be sustained, and firework series will reach the market faster. E:\FR\FM\02OCR1.SGM 02OCR1 60764 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations II. Background The transportation of fireworks in Division 1.3 or 1.4 requires a classification approval issued by PHMSA, commonly referred to as an EX number, or in the case of Division 1.4G consumer fireworks, a classification certification may be issued by a fireworks certification agency (FCA).1 The EX or FC number is a unique identifier that indicates the device has been classed and authorized for transportation in the U.S., and is specific to a particular device as specified in 49 CFR 173.64 or 173.65, and the American Pyrotechnic Association (APA) Standard 87–1, Version 2001 (IBR, see 49 CFR 171.7). Often manufacturers create one firework that has comparable hazardous properties and chemical compositions to another firework that is intended to produce a similar result in a firework display. These similar fireworks are considered part of a firework series. For example, five display shells are all eight inches in diameter and all contain the same pyrotechnic powder weight, but each display shell produces a different III. Category of Devices Allowed in Series Applications The categories of firework series applications will be limited to the following devices: Cone Fountain Cylindrical Fountain Illuminating Torch Mine and Shell Missile with Fin-type Rocket Roman Candle Sky Rocket/Bottle Rocket Toy Smoke Device Wire Sparkler/Dipped Sparkler Display Aerial Shell (Fireworks, UN0335, 1.3G) IV. General Requirements PHMSA will accept firework series applications that comply with the basic requirements of the APA Standard 87– 1, Version 2001 (IBR, see 49 CFR 171.7) and for all series applications the following apply: (1) Series applications for PHMSA approval or FCA certification will be limited to one category of device and one hazard classification, e.g., Cone Fountain, Division 1.4G; (2) There are two types of series applications: ‘‘Effect Series’’ and ‘‘Dimensional Series.’’ The combination of an ‘‘Effect Series’’ and a ‘‘Dimensional Series’’ is prohibited; and (3) The thermal stability test must be performed on all combinations of the components (chemical mixtures) used together in the device, or on each ‘‘Finished Product’’ covered under the application. powder weight (Figure 1—‘‘Effect’’ 8inch Display Shell Series). (2) Display shell diameter, tube diameter, the number of tubes in a device, and tube separation distances cannot change. (3) A series may cover an assortment of different combinations of effects and patterns. A pattern is the design created by the effects. (Examples: Figures 2 through 6). 1 Manufacturers of Division 1.4G consumer fireworks have the option of applying to a DOTapproved fireworks certification agency (FCA) instead of applying to PHMSA. The fireworks still must conform to the requirements in the APA Standard 87–1, and pass a thermal stability test. Instead of applying to PHMSA, the manufacturer may apply in writing to an FCA with the information required in APA Standard 87–1. After reviewing the application, the FCA will notify the manufacturer, in writing, if the fireworks have been classed, certified, and assigned an FC number, or if the application is denied (see 49 CFR 173.65). VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 PO 00000 Frm 00112 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 ER02OC13.004</GPH> For all effect series applications the following apply: (1) Devices must be the same size and have the same maximum pyrotechnic sroberts on DSK5SPTVN1PROD with RULES V. Effect Series pattern. The hazardous properties of these fireworks are identical, but currently each firework must have a separate application. This current policy creates added paperwork for both the manufacturers and PHMSA, results in delays in processing applications, and consequently, creates delays in shipping the fireworks. Following a review of the current policy, PHMSA is revising its policy with respect to firework series approval or certification applications. Specifically, PHMSA will accept firework series applications that comply with the basic requirements of the APA Standard 87–1, and the conditions specified in this policy. Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations VI. Dimensional Series ER02OC13.006</GPH> For all dimensional series applications the following apply: (1) Devices may increase in dimensional size and in total pyrotechnic composition weight. Change to the device size is limited to one of the following: (i) Increasing the shell diameter (Example: Figure 7); (ii) Increasing the tube diameter; or (iii) Increasing the number of tubes in the device. (2) Effect(s) must remain constant throughout the series. (3) Tube separation distance must not change. (4) If devices in the series contain single or multiple reports/salutes, all of the devices must include reports/ salutes. However, the size, weight, and number of reports/salutes may vary. (5) The application must provide the following: (i) A detailed table of the different sizes that indicates the breakdown of all pyrotechnic composition names and weights; and (ii) A diagram of the largest device in the series that details all components and dimensions. VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 PO 00000 Frm 00113 Fmt 4700 Sfmt 9990 E:\FR\FM\02OCR1.SGM 02OCR1 ER02OC13.005</GPH> sroberts on DSK5SPTVN1PROD with RULES (4) If devices contain single or multiple reports/salutes, the size, weight and number of reports/salutes must remain constant. (5) The application must provide the following: (i) A detailed table for each device that indicates the breakdown of all pyrotechnic composition names and weights; (ii) A list of all effect combinations used in the application; and (iii) Diagrams of each device that identifies all components and dimensions. 60765 60766 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations Issued in Washington, DC, under authority delegated in 49 CFR 1.97. Magdy El-Sibaie, Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2013–24082 Filed 10–1–13; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration minimize the delay in processing applications for these devices. Fish and Wildlife Service II. Background PHMSA’s OHMS, Approvals and Permits Division often receives approval applications for Division 1.4G, consumer fireworks that are in the shape of an animal or a small vehicle that produce multiple effects. In this notice, we are providing guidance for PHMSA-approval or FCA-certification of specialty fireworks devices. III. General Requirements 49 CFR Part 173 [Docket No. PHMSA–2013–0206; Notice No. 13–15] Clarification on Fireworks Policy Regarding Approvals or Certifications for Specialty Fireworks Devices Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Clarification. AGENCY: This document clarifies PHMSA’s policy regarding applications for specialty fireworks devices. Specialty fireworks devices are fireworks devices in various shapes that produce multiple effects, simultaneously. In this document, we are establishing our policy regarding specialty fireworks devices. DATES: October 2, 2013. 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: SUMMARY: sroberts on DSK5SPTVN1PROD with RULES I. Introduction In this document, PHMSA’s Office of Hazardous Materials Safety (OHMS) is issuing its policy regarding specialty fireworks devices, which sets forth the requirements for approval or certification applications for ‘‘Specialty Fireworks Devices’’ classified as Division 1.4G, consumer fireworks. This notice of our policy clarifies what is considered a ‘‘Specialty Fireworks Device’’ for fireworks manufacturers or their U.S. designated agents to enable them to accurately apply for PHMSA approval or Fireworks Certification Agency (FCA) certification 1 and 1 Manufacturers of Division 1.4G, consumer fireworks have the option of applying to a DOTapproved fireworks certification agency (FCA) instead of applying to PHMSA. The fireworks still must conform to the requirements in the APA Standard 87–1, and pass a thermal stability test. Instead of applying to PHMSA, the manufacturer VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 Specialty fireworks devices 2 may include tanks, small fire trucks, cars, boats, animals, and other similarly shaped devices that produce multiple effects (whistles, lights, sparks, noises, etc.) simultaneously.3 Specialty fireworks devices, which are classified as UN0336, consumer fireworks, of Division 1.4G, must comply with the requirements of 49 CFR 173.56(b), 173.64 or 173.65, the APA Standard 87– 1 and the requirements below. Specialty fireworks devices: 1. Must be ground based with or without movement; 2. May contain non-sequential fusing; 3. May not exceed 10 fiberboard or plastic tubes per device; 4. May not contain more than 2 grams of pyrotechnic composition per tube, and not more than 20 grams pyrotechnic composition in the finished device; 5. Have reports that do not contain more than 50 mg of explosive composition per report; 6. Must not contain aerial components and tubes with internal shells, which are prohibited; and 7. Must not be combined with other firework devices. Issued in Washington, DC, under authority delegated in 49 CFR 1.97. Magdy El-Sibaie, Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2013–24092 Filed 10–1–13; 8:45 am] BILLING CODE 4910–60–P may apply in writing to an FCA with the information required in the APA Standard 87–1. After reviewing the application, the FCA will notify the manufacturer, in writing, if the fireworks have been classed, certified, and assigned an FC number, or if the application is denied (see 49 CFR 173.65). 2 An example of a specialty fireworks device is a fire truck with 10 tubes, 2 grams per tube, for a total pyrotechnic weight of 20 grams. 3 This policy only applies to UN0336, Fireworks, 1.4G, and does not apply to novelty fireworks devices. Requirements for novelty fireworks devices are found in the APA Standard 87–1, Section 3.2. PO 00000 Frm 00114 Fmt 4700 DEPARTMENT OF THE INTERIOR Sfmt 4700 50 CFR Part 17 [Docket No. FWS–R4–ES–2012–0068] RIN 1018–AY19 Endangered and Threatened Wildlife and Plants; Threatened Species Status for Spring Pygmy Sunfish Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), determine threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the spring pygmy sunfish (Elassoma alabamae), which is found in Limestone County, Alabama. The effect of this regulation is to add this species to the List of Endangered and Threatened Wildlife and implement the Federal protections provided by the Act for this species. DATES: This rule is effective December 2, 2013. ADDRESSES: This final rule is available on the Internet at https:// www.regulations.gov and at the Mississippi Ecological Services Field Office site. Comments and materials received, as well as supporting documentation used in the preparation of this rule, are available for public inspection at https:// www.regulations.gov. All of the comments, materials, and documentation that we considered in this rulemaking are available by appointment, during normal business hours at: U.S. Fish and Wildlife Service, Mississippi Field Office, 6578 Dogwood View Parkway, Jackson, MS 39213; telephone 601–321–1122; facsimile (601–965–4340). FOR FURTHER INFORMATION CONTACT: Stephen Ricks, Field Supervisor, U.S. Fish and Wildlife Service, Mississippi Ecological Services Field Office (see ADDRESSES section). If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: SUMMARY: Executive Summary Why we need to publish a rule. Under the Endangered Species Act (Act), a species warrants protection through listing if it is endangered or threatened throughout all or a significant portion of its range. Listing a species as an endangered or threatened species can only be completed by issuing a rule. E:\FR\FM\02OCR1.SGM 02OCR1

Agencies

[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60763-60766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24082]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 173

[Docket No. PHMSA-2013-0205; Notice No. 13-14]


Clarification on Fireworks Policy Regarding Approvals or 
Certifications for Firework Series

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

ACTION: Clarification.

-----------------------------------------------------------------------

SUMMARY: This notice clarifies PHMSA's policy regarding applications 
for firework device series. PHMSA has required separate applications 
for each individual firework device. Often one firework device has 
identical hazardous properties to another firework device that is 
intended to produce a similar result in a firework display. These 
similar firework devices are considered part of a series of firework 
devices. In this document, we are clarifying our policy to accept 
certain fireworks series applications.

DATES: October 2, 2013.

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. Introduction

    In this notice, PHMSA's Office of Hazardous Materials Safety (OHMS) 
is issuing its policy regarding firework device series applications, 
which details the categories of fireworks for which PHMSA firework 
series applications may be permitted, and the criteria necessary to be 
considered a firework series. PHMSA believes that by issuing fireworks 
approvals or certifications to firework device series, the application 
backlog will be reduced, the current level of safety will be sustained, 
and firework series will reach the market faster.

[[Page 60764]]

II. Background

    The transportation of fireworks in Division 1.3 or 1.4 requires a 
classification approval issued by PHMSA, commonly referred to as an EX 
number, or in the case of Division 1.4G consumer fireworks, a 
classification certification may be issued by a fireworks certification 
agency (FCA).\1\ The EX or FC number is a unique identifier that 
indicates the device has been classed and authorized for transportation 
in the U.S., and is specific to a particular device as specified in 49 
CFR 173.64 or 173.65, and the American Pyrotechnic Association (APA) 
Standard 87-1, Version 2001 (IBR, see 49 CFR 171.7).
---------------------------------------------------------------------------

    \1\ Manufacturers of Division 1.4G consumer fireworks have the 
option of applying to a DOT-approved fireworks certification agency 
(FCA) instead of applying to PHMSA. The fireworks still must conform 
to the requirements in the APA Standard 87-1, and pass a thermal 
stability test. Instead of applying to PHMSA, the manufacturer may 
apply in writing to an FCA with the information required in APA 
Standard 87-1. After reviewing the application, the FCA will notify 
the manufacturer, in writing, if the fireworks have been classed, 
certified, and assigned an FC number, or if the application is 
denied (see 49 CFR 173.65).
---------------------------------------------------------------------------

    Often manufacturers create one firework that has comparable 
hazardous properties and chemical compositions to another firework that 
is intended to produce a similar result in a firework display. These 
similar fireworks are considered part of a firework series. For 
example, five display shells are all eight inches in diameter and all 
contain the same pyrotechnic powder weight, but each display shell 
produces a different pattern. The hazardous properties of these 
fireworks are identical, but currently each firework must have a 
separate application. This current policy creates added paperwork for 
both the manufacturers and PHMSA, results in delays in processing 
applications, and consequently, creates delays in shipping the 
fireworks.
    Following a review of the current policy, PHMSA is revising its 
policy with respect to firework series approval or certification 
applications. Specifically, PHMSA will accept firework series 
applications that comply with the basic requirements of the APA 
Standard 87-1, and the conditions specified in this policy.

III. Category of Devices Allowed in Series Applications

    The categories of firework series applications will be limited to 
the following devices:

Cone Fountain
Cylindrical Fountain
Illuminating Torch
Mine and Shell
Missile with Fin-type Rocket
Roman Candle
Sky Rocket/Bottle Rocket
Toy Smoke Device
Wire Sparkler/Dipped Sparkler
Display Aerial Shell (Fireworks, UN0335, 1.3G)

IV. General Requirements

    PHMSA will accept firework series applications that comply with the 
basic requirements of the APA Standard 87-1, Version 2001 (IBR, see 49 
CFR 171.7) and for all series applications the following apply:
    (1) Series applications for PHMSA approval or FCA certification 
will be limited to one category of device and one hazard 
classification, e.g., Cone Fountain, Division 1.4G;
    (2) There are two types of series applications: ``Effect Series'' 
and ``Dimensional Series.'' The combination of an ``Effect Series'' and 
a ``Dimensional Series'' is prohibited; and
    (3) The thermal stability test must be performed on all 
combinations of the components (chemical mixtures) used together in the 
device, or on each ``Finished Product'' covered under the application.
[GRAPHIC] [TIFF OMITTED] TR02OC13.004

V. Effect Series

    For all effect series applications the following apply:
    (1) Devices must be the same size and have the same maximum 
pyrotechnic powder weight (Figure 1--``Effect'' 8-inch Display Shell 
Series).
    (2) Display shell diameter, tube diameter, the number of tubes in a 
device, and tube separation distances cannot change.
    (3) A series may cover an assortment of different combinations of 
effects and patterns. A pattern is the design created by the effects. 
(Examples: Figures 2 through 6).

[[Page 60765]]

[GRAPHIC] [TIFF OMITTED] TR02OC13.005

    (4) If devices contain single or multiple reports/salutes, the 
size, weight and number of reports/salutes must remain constant.
    (5) The application must provide the following:
    (i) A detailed table for each device that indicates the breakdown 
of all pyrotechnic composition names and weights;
    (ii) A list of all effect combinations used in the application; and
    (iii) Diagrams of each device that identifies all components and 
dimensions.

VI. Dimensional Series

    For all dimensional series applications the following apply:
    (1) Devices may increase in dimensional size and in total 
pyrotechnic composition weight. Change to the device size is limited to 
one of the following:
    (i) Increasing the shell diameter (Example: Figure 7);
    (ii) Increasing the tube diameter; or
    (iii) Increasing the number of tubes in the device.
    (2) Effect(s) must remain constant throughout the series.
    (3) Tube separation distance must not change.
    (4) If devices in the series contain single or multiple reports/
salutes, all of the devices must include reports/salutes. However, the 
size, weight, and number of reports/salutes may vary.
    (5) The application must provide the following:
    (i) A detailed table of the different sizes that indicates the 
breakdown of all pyrotechnic composition names and weights; and
    (ii) A diagram of the largest device in the series that details all 
components and dimensions.
[GRAPHIC] [TIFF OMITTED] TR02OC13.006



[[Page 60766]]


    Issued in Washington, DC, under authority delegated in 49 CFR 
1.97.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2013-24082 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-60-P