[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Pages 79085-79086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31703]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2010-0353; Notice No. 10-9]


Notice and Request for Comments on the Clarification of the 
Fireworks Approvals Policy

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

ACTION: Notice.

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SUMMARY: PHMSA is seeking comment on its intent to clarify its 
fireworks approvals policy whereby the Office of Hazardous Materials 
Safety (OHMS), Approvals and Permits Division will only accept 
fireworks approvals applications from manufacturers and grant approvals 
only to manufacturers of fireworks devices.

DATES: Comments Due Date: January 18, 2011.

ADDRESSES: You may submit comments by identification of the docket 
number

[[Page 79086]]

(PHMSA-2010-0353 (Notice No. 10-9)) by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number for this notice at the beginning of the comment. All 
comments received will be posted without change to the Federal Docket 
Management System (FDMS), including any personal information.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).

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.

Background

    The pyrotechnic industry is a global logistics supply chain 
comprised of mostly foreign fireworks manufacturers and domestic 
importers, retailers, distributors, and consumers. The transportation 
of a firework requires the issuance of an EX number approval by PHMSA. 
An EX number is a PHMSA-issued unique identifier that is more specific 
than just a hazard classification; an EX number applies to a particular 
explosive formula, device, and its packaging.
    PHMSA understands that typically a fireworks device made by one 
manufacturer is packaged and marketed under a variety of different 
names according to the specifications of the various U.S. importers. 
Under the current approval process, before the fireworks device enters 
the U.S., each individual importer, retailer, and distributor, in 
addition to the original manufacturer, has been requesting separate and 
unique EX numbers for what are essentially identical fireworks devices. 
This results in multiple approval applications for functionally 
indistinguishable fireworks devices.
    For at least ten years, PHMSA has been accepting these fireworks 
approval applications and issuing fireworks approvals to members of the 
pyrotechnic industry regardless of their actual position in the supply 
chain. It is unclear as to what was the justification for this action. 
Regardless, this redundant and burdensome process does not promote the 
safe transportation of fireworks devices, but rather has negative 
impacts on process efficiency and impedes the conduct of business for 
both the fireworks industry and PHMSA.
    In this notice, PHMSA is seeking comment on its intent to only 
accept fireworks approval applications from, and issue fireworks 
approvals to, fireworks manufacturers. In addition, PHMSA is also 
seeking comment on its intent to consider a fireworks manufacturer to 
be an entity that formulates and produces a firework (for the 
definition of a firework, see Sec.  173.59) or has previously produced 
a firework device but has made a change in the formulation, design, or 
process so as to alter the properties of the firework. After the 
comments received to this notice have been considered, PHMSA will issue 
a final notice responding to any comments received. PHMSA believes that 
by issuing fireworks approvals only to manufacturers, as described in 
this notice, it will enhance safety by ensuring uniform classification 
of fireworks devices, eliminating application duplicity, and minimizing 
the potential risks of the shipment of unapproved fireworks.

    Issued in Washington, DC, on December 13, 2010 under authority 
delegated in 49 CFR part 1.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2010-31703 Filed 12-16-10; 8:45 am]
BILLING CODE 4910-60-P