Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 429 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. This 

rulemaking does not involve human 

health or environmental affects. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule, for 

purposes of 5 U.S.C. 804(3). 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

List of Subjects in 48 CFR Part 1552 

Environmental protection, 

Government procurement. 

Dated: November 18, 2011. 

John R. Bashista, 

Director, Office of Acquisition Management. 

Therefore, 48 CFR Chapter 1552 is 

amended as set forth below: 

PART 1552—DESCRIBING AGENCY 

NEEDS 

■ 1. The authority citation for part 1552 

continues to read as follows: 

Authority: 5 U.S.C. 301; Sec. 205(c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

■ 2. Revise 1552.211–79 to read as 

follows: 

1552.211–79 Compliance With EPA 

Policies for Information Resources 

Management. 

As prescribed in 1511.011–79, insert 

the following clause: 

Compliance with EPA Policies for 

Information Resources Management 

(a) Definition. Information Resources 

Management (IRM) is defined as any 

planning, budgeting, organizing, 

directing, training, promoting, 

controlling, and managing activities 

associated with the burden, collection, 

creation, use and dissemination of 

information. IRM includes both 

information itself and the management 

of information and related resources 

such as personnel, equipment, funds, 

and technology. Examples of these 

services include but are not limited to 

the following: 

(1) The acquisition, creation, or 

modification of a computer program or 

automated data base for delivery to EPA 

or use by EPA or contractors operating 

EPA programs. 

(2) The analysis of requirements for, 

study of the feasibility of, evaluation of 

alternatives for, or design and 

development of a computer program or 

automated data base for use by EPA or 

contractors operating EPA programs. 

(3) Services that provide EPA 

personnel access to or use of computer 

or word processing equipment, 

software, or related services. 

(4) Services that provide EPA 

personnel access to or use of: Data 

communications; electronic messaging 

services or capabilities; electronic 

bulletin boards, or other forms of 

electronic information dissemination; 

electronic record-keeping; or any other 

automated information services. 

(b) General. The Contractor shall 

perform any IRM-related work under 

this contract in accordance with the 

IRM policies, standards, and procedures 

set forth on the Office of Environmental 

Information policy Web site. Upon 

receipt of a work request (i.e. delivery 

order, task order, or work assignment), 

the Contractor shall check this listing of 

directives. The applicable directives for 

performance of the work request are 

those in effect on the date of issuance 

of the work request. The 2100 Series 

(2100–2199) of the Agency’s Directive 

System contains the majority of the 

Agency’s IRM policies, standards, and 

procedures. 

(c) Section 508 requirements. Contract 

deliverables are required to be 

compliant with Section 508 

requirements. The Environmental 

Protection Agency policy for 508 

compliance can be found on the 

Agency’s Directive System identified in 

section (d) of this clause under policy 

number CIO 2130.0, Accessible 

Electronic and Information Technology. 

Additional information on Section 508 

including EPA’s 508 policy can be 

found at www.epa.gov/accessibility. 

(d) Electronic access. A complete 

listing, including full text, of documents 

included in the 2100 Series of the 

Agency’s Directive System is 

maintained on the EPA Public Access 

Server on the Internet at http://epa.gov/ 

docs/irmpoli8/. 

[FR Doc. 2011–33844 Filed 1–4–12; 8:45 am] 

BILLING CODE P 

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. 

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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430 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 

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 § 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 § 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 § 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 § 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 § 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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Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 431 

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 nontransferable, 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] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R9–IA–2010–0056; 

FF09A30000 123 FXGO16710900000R4] 

RIN 1018–AX29 

Endangered and Threatened Wildlife 

and Plants; Removal of the Regulation 

That Excludes U.S. Captive-Bred 

Scimitar-Horned Oryx, Addax, and 

Dama Gazelle From Certain 

Prohibitions 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are revising 

the regulations that implement the 

Endangered Species Act of 1973, as 

amended (Act), by removing the 

exclusion of U.S. captive-bred live 

wildlife and sport-hunted trophies of 

three endangered antelopes—scimitarhorned oryx, addax, and dama gazelle— 

from the prohibition of certain 

activities, such as take and export, 

under the Act. This change to the 

regulations is in response to a court 

order that found that the rule for these 

three species violated section 10(c) of 

the Act. These three antelope species 

remain listed as endangered under the 

Act, and a person will need to qualify 

for an exemption or obtain an 

authorization under the current 

statutory and regulatory requirements to 

conduct any prohibited activities. 

DATES: This rule becomes effective on 

April 4, 2012. An extended effective 

date is being provided to facilitate in 

outreach to the affected communities. 

Several major industry events are 

occurring in the beginning of 2012 

where Service attendance will provide 

greater communication on the impacts 

of this rule and will ensure greater 

compliance by the affected 

communities. In addition, an extended 

effective date will allow the affected 

community to either legally sell their 

specimens, if they choose to divest 

themselves of these species, or to apply 

for authorization or permits to continue 

carrying out previously approved 

activities. 

ADDRESSES: You may obtain information 

about permits or other authorizations to 

carry out otherwise prohibited activities 

by contacting the U.S. Fish and Wildlife 

Service, Division of Management 

Authority, Branch of Permits, 4401 N. 

Fairfax Drive, Room 212, Arlington, VA 

22203; telephone: (703) 358–2104 or 

(toll free) (800) 358–2104; facsimile: 

(703) 358–2281; email: 

managementauthority@fws.gov; Web 

site: http://www.fws.gov/international/ 

index.html. 

FOR FURTHER INFORMATION CONTACT: 

Robert R. Gabel, Chief, Division of 

Management Authority, U.S. Fish and 

Wildlife Service, 4401 N. Fairfax Drive, 

Suite 212, Arlington, VA 22203; 

telephone 703–358–2093; fax 703–358– 

2280. If you use a telecommunications 

devise for the deaf (TDD), call the 

Federal Information Relay Service 

(FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 2, 2005 (70 FR 52319), 

the Service determined that the 

scimitar-horned oryx (Oryx dammah), 

addax (Addax nasomaculatus), and 

dama gazelle (Gazella dama) were 

endangered throughout their ranges 

under the Act (16 U.S.C. 1531 et seq.). 

The numbers of these species of 

antelopes in the wild have declined 

drastically in the deserts of North Africa 

over the past 50 years. The causes of 

decline are habitat loss (desertification, 

permanent human settlement, and 

competition with domestic livestock), 

regional military activity, and 

uncontrolled killing. With the exception 

of reintroduced animals, no sightings of 

the scimitar-horned oryx have been 

reported since the late 1980s. Remnant 

populations of the addax may still exist 

in remote desert areas, but probably 

fewer than 600 occur in the wild. Only 

small numbers of dama gazelle are 

estimated to occur in the species’ 

historical range, with recent estimates of 

fewer than 700 in the wild. Captivebreeding programs operated by zoos and 

private ranches have increased the 

number of these antelopes, while 

genetically managing their herds and 

providing founder stock necessary for 

reintroduction. The Sahelo-Saharan 

Interest Group (SSIG) of the United 

Nations Environment Program estimated 

that there are 4,000–5,000 scimitarhorned oryx, 1,500 addax, and 750 

dama gazelle in captivity worldwide, 

many of which are held in the United 

States. Based on a 2010 census of its 

members, the Exotic Wildlife 

Association (EWA) estimates there are 

11,032 scimitar-horned oryx, 5,112 

addax, and 894 dama gazelle on EWA 

member ranches. 

On September 2, 2005 (the same date 

that we listed the three antelopes as 

endangered), the Service also published 

a new regulation (70 FR 52310) at 50 

CFR 17.21(h) to govern certain activities 

with U.S. captive-bred animals of these 

three species. For live antelopes, 

including embryos and gametes, and 

sport-hunted trophies of these three 

species, the regulation authorized 

certain otherwise prohibited activities 

where the purpose of the activity is 

associated with the management of the 

species in a manner that contributed to 

increasing or sustaining captive 

numbers or to potential reintroduction 

to range countries. These activities 

include take; export or re-import; 

delivery, receipt, carrying, transport or 

shipment in interstate or foreign 

commerce in the course of a commercial 

activity; and sale or offer for sale in 

interstate or foreign commerce. 

The promulgation of the regulation at 

50 CFR 17.21(h) was challenged as 

violating section 10 of the Act and the 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) in the United States 

District Court for the District of 

Columbia (see Friends of Animals, et al., 

v. Ken Salazar, Secretary of the Interior 

and Rebecca Ann Cary, et al., v. Rowan 

Gould, Acting Director, Fish and 

Wildlife Service, et al., 626 F. Supp. 2d 

102 (D.D.C. 2009)). The Court found that 

the rule for the three antelope species 

violated section 10(c) of the Act by not 

providing the public an opportunity to 

comment on activities being carried out 

with these three antelope species. On 

June 22, 2009, the Court remanded the 

rule to the Service for action consistent 

with its opinion. 


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