[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Rules and Regulations]
[Pages 429-431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33853]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 173
[Docket No. PHMSA-2011-0315; Notice No. 11-13]
Clarification and Further Guidance on the Fireworks Approvals
Policy
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Clarification.
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SUMMARY: This clarification provides further guidance on PHMSA's policy
that it will only accept fireworks approvals applications from
fireworks manufacturers or their designated agents and grant approvals
only to manufacturers of fireworks devices. This clarification and
additional guidance follows the issuance of Docket No. PHMSA-2010-0353;
Notice 10-9, published on June 29, 2011.
DATES: The policy clarification discussed in this document is effective
January 5, 2012.
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
This document provides clarification and further guidance on
PHMSA's Office of Hazardous Materials Safety (OHMS), Clarification of
the Fireworks Approval Policy published on June 29, 2011 (76 FR 38053).
Specifically, this document provides clarification and additional
guidance on how we intend to implement our policy with respect to: (1)
EX classification approvals with expiration dates; (2) applications
from non-manufacturers that seek to add new item names to existing EX
classification approvals; and (3) applications from non-manufacturers
that were denied prior to June 29, 2011.
In addition to addressing questions as to how we intend to
implement our earlier policy clarification, this document clarifies our
policy regarding the transfer of EX classification approvals.
II. Background
The transportation of an explosive (fireworks device) requires an
EX classification approval issued by PHMSA, commonly referred to as an
EX number. The EX number is a unique
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identifier that indicates the device has been classed and approved for
transportation in the U.S., and is specific to a particular device as
specified in 49 CFR 173.56(j) and the American Pyrotechnic Association
(APA) Standard 87-1.
PHMSA understands that it is a common industry practice for
fireworks devices produced by one manufacturer to be marketed and sold
under different trade names. Further, in the past, each retailer,
importer or distributor, in addition to the manufacturer, applied for
and received an EX classification approval for the identical fireworks
device. This practice resulted in PHMSA processing multiple
applications and issuing multiple approvals for the same fireworks
device. This redundant and burdensome process did not promote the safe
transportation of explosives (fireworks devices); instead, it impeded
the conduct of business for both the fireworks industry and PHMSA.
On June 29, 2011, we issued a clarification of our policy to issue
fireworks classification approvals only to fireworks manufacturers, and
accept fireworks classification applications only from fireworks
manufacturers or their U.S. designated agents. This policy
clarification was intended to restate the requirements of the Hazardous
Materials Regulations (HMR), enhance safety by ensuring accountability
of manufacturing, and reducing the number of duplicate applications and
EX classification approvals being issued for identical fireworks
devices.
Since the policy clarification was issued, we have received
questions about how we intend to implement it with respect to: (1) EX
classification approvals with expiration dates; (2) applications from
non-manufacturers that seek to add new item names to existing EX
classification approvals; and (3) applications from non-manufacturers
that were denied prior to June 29, 2011.
We have also received questions about our policy regarding the
transfer of EX classification approvals, which was not addressed in the
prior clarification notice.
To address these questions regarding our fireworks approvals
policy, we are providing the following clarification and additional
guidance.
III. EX Classification Approvals With Expiration Dates
After June 29, 2011, only a manufacturer that holds a valid EX
classification approval may reapply to have the EX number renewed.
Regardless of who originally applied for the approval, to renew the EX
classification approval, the manufacturer or its designated agent must
be the entity who submits an application for renewal and all supporting
documentation to fireworks@dot.gov. The manufacturer must sign and
certify that the device for which the approval is requested conforms to
the APA Standard 87-1, and the descriptions and technical information
contained in the application are complete and accurate in accordance
with Sec. 173.56(j)(3).
All EX approvals with expiration dates held by non-manufacturers
will expire as follows: Fireworks EX approvals expiring January 1, 2012
through December 31, 2012 will expire two years from the date indicated
in the approval. For example, a fireworks EX approval expiring on
January 1, 2012 will be extended until January 1, 2014. A revised EX
classification approval will be automatically sent to the approval
holder on record with the new expiration date. After December 31, 2014,
the manufacturer or its designated agent must submit the application
for renewal and all supporting documentation to fireworks@dot.gov. The
manufacturer must sign and certify that the device for which the
approval is requested conforms to the APA Standard 87-1, and the
descriptions and technical information contained in the application are
complete and accurate in accordance with Sec. 173.56(j)(3).
Fireworks EX classification approvals expiring January 1, 2013
through December 31, 2015 will expire on the date noted in the EX
approval and will not be extended. The manufacturer or its designated
agent must submit an application for renewal and all supporting
documentation to fireworks@dot.gov. The manufacturer must sign and
certify that the device for which the approval is requested conforms to
the APA Standard 87-1, and the descriptions and technical information
contained in the application are complete and accurate in accordance
with Sec. 173.56(j)(3). For example, a fireworks EX Approval expiring
on March 22, 2014 will expire on March 22, 2014.
All fireworks EX approvals with expiration dates will expire by the
end of 2015.
IV. Requests To Add Additional Item Names to Existing EX Classification
Approvals
We often receive applications to add fireworks device item names to
an existing EX classification approval. Only a manufacturer or its
designated agent may submit a request after June 29, 2011 to add an
additional item name to an existing EX approval.
If anyone other than the manufacturer or its designated agent holds
an existing EX classification approval and it is desired to add
additional items to that approval, then the manufacturer or its
designated agent must submit the EX classification approval as a new
application.
V. Firework Applications Denied Before June 29, 2011
Firework applications resubmitted after June 29, 2011 by any
person, company or entity other than the manufacturer or its designated
agent that were previously denied will not be accepted unless those
applications are submitted by the manufacturer or its designated agent
as the applicant. The manufacturer must sign and certify that the
device for which the approval is requested conforms to the APA Standard
87-1, and the descriptions and technical information contained in the
application are complete and accurate in accordance with Sec.
173.56(j)(3).
VI. Non-Transferability of EX Approvals
EX approvals are non-transferrable, and therefore, may not be sold
or transferred. Accordingly, EX approvals cannot be acquired in
connection with any sale of assets, sale of business, acquisition or
merger. PHMSA may find a company in violation of the HMR should a
manufacturer attempt to use an EX approval issued by PHMSA to another
company for manufacturing of the device. The manufacturer or its
designated agent must submit an application for a new approval. The
manufacturer must sign and certify that the device for which the
approval is requested conforms to the APA Standard 87-1, and the
descriptions and technical information contained in the application are
complete and accurate in accordance with Sec. 173.56(j)(3). If
approved, PHMSA will issue a new EX approval to the manufacturer
specified in the application.
Summary
PHMSA's Office of Hazardous Materials Safety (OHMS), Approvals
Office will continue to issue approvals only to fireworks manufacturers
and accept applications only from manufacturers or their designated
agents. Consistent with this policy, we will only reissue EX
classification approvals with expiration dates that have been submitted
by the manufacturer or its designated agent. If the manufacturer was
not the original applicant, the manufacturer or its
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designated agent must submit the application as a new application.
However, we will provide an extended expiration date of two years for
EX classification approvals that expire through December 31, 2012.
Additionally, we will only accept applications that seek to add new
item names to existing EX classification approvals from the
manufacturer or its designated agent. If the manufacturer was not the
original applicant, the application must be submitted by the
manufacturer or its designated agent as a new application. Further,
applications from non-manufacturers that were denied prior to June 29,
2011 must be resubmitted by the manufacturer.
Finally, EX approvals are non-transferable, and therefore may not
be sold or transferred.
Issued in Washington, DC, on December 30, 2011.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2011-33853 Filed 1-4-12; 8:45 am]
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