Clarification on Policy for Additional Name Requests Regarding Fireworks, 17706-17707 [2015-07425]
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17706
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
2. Section 300.415 is amended by
revising paragraphs (n)(2)(i) and
(n)(4)(ii) to read as follows:
■
§ 300.415
Removal action.
*
*
*
*
*
(n) * * *
(2) * * *
(i) Publish a notice of availability of
the administrative record file
established pursuant to § 300.820 in a
major local newspaper of general
circulation or use one or more other
mechanisms to give adequate notice to
a community within 60 days of
initiation of on-site removal activity;
*
*
*
*
*
(4) * * *
(ii) Publish a notice of availability and
brief description of the EE/CA in a
major local newspaper of general
circulation or use one or more other
mechanisms to give adequate notice to
a community pursuant to § 300.820;
*
*
*
*
*
■ 3. Section 300.425 is amended by
revising paragraph (e)(4)(ii) to read as
follows:
§ 300.425
Establishing remedial priorities.
*
*
*
*
(e) * * *
(4) * * *
(ii) In a major local newspaper of
general circulation at or near the release
that is proposed for deletion, publish a
notice of availability or use one or more
other mechanisms to give adequate
notice to a community of the intent to
delete;
*
*
*
*
*
■ 4. Section 300.815 is amended by
revising paragraph (a) to read as follows:
(1) The administrative record file
shall be made available for public
inspection when the engineering
evaluation/cost analysis (EE/CA) is
made available for public comment. At
such time, the lead agency shall publish
in a major local newspaper of general
circulation a notice or use one or more
other mechanisms to give adequate
notice to a community of the availability
of the administrative record file.
*
*
*
*
*
(b) * * *
(1) Documents included in the
administrative record file shall be made
available for public inspection no later
than 60 days after initiation of on-site
removal activity. At such time, the lead
agency shall publish in a major local
newspaper of general circulation a
notice or use one or more other
mechanisms to give adequate notice to
a community of the availability of the
administrative record file.
*
*
*
*
*
[FR Doc. 2015–07474 Filed 4–1–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
*
tkelley on DSK3SPTVN1PROD with RULES
§ 300.815 Administrative record file for a
remedial action.
(a) The administrative record file for
the selection of a remedial action shall
be made available for public inspection
at the commencement of the remedial
investigation phase. At such time, the
lead agency shall publish in a major
local newspaper of general circulation a
notice or use one or more other
mechanisms to give adequate notice to
a community of the availability of the
administrative record file.
*
*
*
*
*
■ 5. Section 300.820 is amended by
revising paragraphs (a)(1) and (b)(1) to
read as follows:
§ 300.820 Administrative record file for a
removal action.
(a) * * *
VerDate Sep<11>2014
16:10 Apr 01, 2015
Jkt 235001
49 CFR Part 173
[Docket No. PHMSA–2013–0205; Notice No.
15–10]
Clarification on Policy for Additional
Name Requests Regarding Fireworks
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Clarification.
AGENCY:
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.
SUMMARY:
DATES:
Effective April 2, 2015.
Mr.
Ryan Paquet, Director, Approvals and
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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 § 172.320, the EXnumber, FC-number, product code or
national stock number must be either
E:\FR\FM\02APR1.SGM
02APR1
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
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
§ 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
VerDate Sep<11>2014
16:10 Apr 01, 2015
Jkt 235001
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
PO 00000
Frm 00025
Fmt 4700
Sfmt 9990
17707
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
E:\FR\FM\02APR1.SGM
02APR1
]]>Agencies
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17706-17707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07425]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
