Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 9865 

one of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

regulations which are editorial, 

regulations concerning equipping of 

vessels, and regulations concerning 

vessel operation safety standards. This 

rule is categorically excluded under 

Section 2.B.2, Figure 2–1, paragraphs 

(34)(a) and (d) of the Instruction and 

under paragraph 6(a) of the ‘‘Appendix 

to National Environmental Policy Act: 

Coast Guard Procedures for Categorical 

Exclusions, Notice of Final Agency 

Policy’’ (67 FR 48243, July 23, 2002). An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 46 CFR Part 160 

Marine safety, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR part 160 as follows: 

PART 160—LIFESAVING EQUIPMENT 

■ 1. The authority citation for part 160 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3703 and 

4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 

Comp., p. 277; 49 CFR 1.46. 

Subpart 160.151—Inflatable Liferafts 

(SOLAS) 

■ 2. Amend § 160.151–5 by adding 

paragraphs (d)(5) and (d)(6) to read as 

follows: 

§ 160.151–5 Incorporation by reference. 

* * * * * 

(d) * * * 

(5) Annex 7 to MSC 87/26, Report of 

the Maritime Safety Committee on its 

Eighty-Seventh Session, ‘‘Resolution 

MSC.293(87), Adoption of Amendments 

to the International Life-Saving 

Appliance (LSA) Code,’’ (adopted May 

21, 2010), IBR approved for §§ 160.151– 

7, 160.151–15, 160.151–17, 160.151–21, 

160.151–29, and 160.151–33 

(‘‘Resolution MSC.293(87)’’). 

(6) Annex 9 to MSC 87/26, Report of 

the Maritime Safety Committee on its 

Eighty-Seventh Session, ‘‘Resolution 

MSC.295(87), Adoption of Amendments 

to the Revised Recommendation on 

Testing of Life-Saving Appliances 

(Resolution MSC.81(70)),’’ (adopted 

May 21, 2010), IBR approved for 

§§ 160.151–21, 160.151–27, 160.151–29, 

160.151–31, and 160.151–57 

(‘‘Resolution MSC.295(87)’’). 

* * * * * 

§ 160.151–7 [Amended] 

■ 3. Amend § 160.151–7 by removing 

the words ‘‘IMO LSA Code’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO LSA Code, as amended 

by Resolution MSC.293(87)’’. 

§ 160.151–15 [Amended] 

■ 4. Amend § 160.151–15 by removing 

the words ‘‘IMO LSA Code’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO LSA Code, as amended 

by Resolution MSC.293(87)’’. 

§ 160.151–17 [Amended] 

■ 5. Amend § 160.151–17 by removing 

the words ‘‘IMO LSA Code’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO LSA Code, as amended 

by Resolution MSC.293(87)’’. 

§ 160.151–21 [Amended] 

■ 6. Amend § 160.151–21 as follows: 

■ a. Remove the words ‘‘IMO LSA 

Code’’ wherever they appear and add, in 

their place, the words ‘‘IMO LSA Code, 

as amended by Resolution 

MSC.293(87)’’; and 

■ b. In paragraph (f), remove the words 

‘‘IMO Revised recommendation on 

testing’’ and add, in their place, the 

words ‘‘IMO Revised recommendation 

on testing, as amended by Resolution 

MSC.295(87)’’. 

§ 160.151–27 [Amended] 

■ 7. Amend § 160.151–27 by removing 

the words ‘‘IMO Revised 

recommendation on testing’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO Revised 

recommendation on testing, as amended 

by Resolution MSC.295(87)’’. 

§ 160.151–29 [Amended] 

■ 8. Amend § 160.151–29 as follows: 

■ a. In the introductory text, remove the 

words ‘‘IMO LSA Code’’ and add, in 

their place, the words ‘‘IMO LSA Code, 

as amended by Resolution 

MSC.293(87)’’; and 

■ b. In the introductory text, remove the 

words ‘‘IMO Revised recommendation 

on testing’’ and add, in their place, the 

words ‘‘IMO Revised recommendation 

on testing, as amended by Resolution 

MSC.295(87)’’. 

§ 160.151–31 [Amended] 

■ 9. Amend § 160.151–31 by removing 

the words ‘‘IMO Revised 

recommendation on testing’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO Revised 

recommendation on testing, as amended 

by Resolution MSC.295(87)’’. 

§ 160.151–33 [Amended] 

■ 10. Amend § 160.151–33 by removing 

the words ‘‘IMO LSA Code’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO LSA Code, as amended 

by Resolution MSC.293(87)’’. 

§ 160.151–57 [Amended] 

■ 11. Amend § 160.151–57 by removing 

the words ‘‘IMO Revised 

recommendation on testing’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO Revised 

recommendation on testing, as amended 

by Resolution MSC.295(87)’’. 

Dated: February 1, 2012. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2012–3869 Filed 2–17–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 173 

[Docket No. PHMSA–2011–0157; Notice No. 

11–6] 

Clarification on the Division 1.1 

Fireworks Approvals Policy 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Clarification. 

SUMMARY: In this document, PHMSA is 

responding to comments received from 

its initial Notice No. 11–6 clarifying 

PHMSA’s policy regarding the fireworks 

approvals program. Furthermore, in this 

document PHMSA is restating its policy 

clarification that it will accept only 

those classification approval 

applications for Division 1.1 fireworks 

that have been examined and assigned 

a recommended shipping description, 

division, and compatibility group by a 

DOT-approved explosives test 

laboratory, or those that have been 

issued an approval for the explosive by 

the competent authority of a foreign 

government acknowledged by PHMSA’s 

Associate Administrator. This policy 

clarification is intended to enhance 

safety by ensuring that fireworks 

transported in commerce meet the 

established criteria for their assigned 

classification, thereby minimizing the 

potential shipment of incorrectly 

classified or forbidden fireworks. 

DATES: The policy clarification 

discussed in this document is effective 

February 21, 2012. 

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9866 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

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: 

Table of Contents 

I. Introduction 

II. Background 

III. List of Commenters, Beyond-the-Scope 

Comments, and General Comments 

IV. Summary of Policy Clarification 

I. Introduction 

The Hazardous Materials Regulations 

(HMR; 49 CFR parts 171–180) require 

that Division 1.1 fireworks must be 

examined by a DOT-approved 

explosives test laboratory and assigned 

a recommended shipping description, 

division, and compatibility group in 

accordance with § 173.56(b). The tests 

provided for the classification of 

Division 1.1 fireworks specified in 

§§ 173.57 and 173.58 describe the 

procedures used to determine the 

acceptance criteria and assignment of 

class and division for all new 

explosives. Further, the HMR also 

permit Division 1.1 firework devices 

that have been approved by the 

competent authority of a foreign 

government that PHMSA’s Associate 

Administrator has acknowledged in 

writing as acceptable in accordance 

with § 173.56(g). 

On September 27, 2011, PHMSA 

published the initial Notice No. 11–6 

(76 FR 59769) clarifying its policy, 

consistent with the HMR, that all 

Division 1.1 fireworks must undergo 

examination by a DOT-approved 

explosives examination laboratory or be 

issued an approval for the explosive by 

the competent authority of a foreign 

government acknowledged by PHMSA’s 

Associate Administrator. In today’s 

document, PHMSA is responding to 

comments received as a result of this 

notice and is restating its policy 

clarification on the fireworks approval 

program. 

II. Background 

The HMR require that Division 1.1 

fireworks must be examined by a DOTapproved explosives test laboratory and 

assigned a recommended shipping 

description, division, and compatibility 

group in accordance with § 173.56(b). 

The HMR also permit Division 1.1 

firework devices that have been 

approved by the competent authority of 

a foreign government that PHMSA’s 

Associate Administrator has 

acknowledged in writing as acceptable 

in accordance with § 173.56(g). 

According to § 173.56(j), 

manufacturers of Division 1.3 and 1.4 

fireworks, or their designated U.S. 

agents, may apply for an explosives (EX) 

classification approval without prior 

examination by a DOT-approved 

explosives test laboratory if the firework 

device is manufactured in accordance 

with APA Standard 87–1 (IBR, see 

§ 171.7), and the device passes the 

thermal stability test. Additionally, the 

applicant must certify that the firework 

device conforms to the APA Standard 

87–1 and that the descriptions and 

technical information contained in the 

application are complete and accurate. 

PHMSA has in the past, on a case-bycase basis, in accordance with 

§ 173.56(i), approved some Division 

1.1G fireworks without requiring testing 

by a DOT-approved explosives 

examination laboratory. PHMSA 

evaluates each EX approval application 

independently and has also required 

Division 1.1G fireworks to undergo 

examination testing by a DOT-approved 

explosive examination lab prior to 

issuing the EX approval. 

While APA Standard 87–1 contains 

two instances where Division 1.1 

fireworks may be approved under the 

standard, it does not call for the level of 

testing required in the HMR, nor does it 

provide testing and criteria to determine 

when a firework ceases to be a Division 

1.1 and becomes forbidden for transport. 

In this document, PHMSA is 

clarifying its policy that all Division 1.1 

fireworks must undergo examination by 

a DOT-approved explosives 

examination laboratory or be approved 

by a competent authority. Division 1.1 

fireworks will not require UN Test 

Method 6, as testing will be limited to 

UN Test Method 4a(i) and 4b(ii), as is 

specified in § 173.57(b). The 

examination laboratory may request 

additional information to make its 

classification recommendation. 

Additionally, PHMSA allows the 

laboratory to make a classification 

recommendation for Division 1.1 

fireworks based on analogy. 

PHMSA believes that by issuing 

Division 1.1 fireworks approvals only 

after a DOT-approved explosive 

laboratory has examined and 

recommended a classification, or an 

approval has been issued by a 

competent authority of a foreign 

government acknowledged by PHMSA’s 

Associate Administrator, it is ensuring 

that fireworks transported in commerce 

meet the established criteria for their 

assigned classification, thereby 

minimizing the potential shipment of 

incorrectly classified or forbidden 

fireworks. 

III. List of Commenters, Beyond-theScope Comments, and General 

Comments 

PHMSA received three comments in 

response to the initial Notice No. 11–6. 

The comments covered various topics 

including, but not limited to, 

transportation safety, general comments, 

and economic impacts. One commenter 

supported the clarification to the 

fireworks policy in initial Notice 11–6, 

while two commenters had reservations 

about it. A summary of the comments 

received is discussed below. The 

comments, as submitted to the docket 

for the initial Notice No. 11–6 (Docket 

No. PHMSA–2011–0157), may be 

accessed via http://www.regulations.gov 

and were submitted by the following: 

(1) Veolia ES Technical Solutions, 

L.L.C.; PHMSA–2011–0157–0002. 

(2) American Pyrotechnics 

Association (APA); PHMSA–2011– 

0157–0003. 

(3) Kellner’s Fireworks Inc.; PHMSA– 

201–0157–0004. 

Beyond-the-Scope Comments 

One commenter requests PHMSA 

consider waste management of used or 

defective fireworks when proposing any 

amendments to regulations related to 

the transport of fireworks. In this 

document, PHMSA does not propose 

any regulatory amendments; rather, we 

are clarifying existing policy. While 

PHMSA agrees environmental impacts 

should be considered when proposing 

amendments to regulations, no 

regulatory changes were proposed in the 

initial Notice; therefore, waste 

management of fireworks is beyond the 

scope of this document. 

Another commenter acknowledges the 

current prohibition in the HMR to 

classify Division 1.1 fireworks under 

§ 173.56(j), but requests that PHMSA 

remove the terminology ‘‘Division 1.3 

and Division 1.4’’ in § 173.56(j) to allow 

PHMSA to grant approvals for all 

fireworks manufactured in accordance 

with APA Standard 87–1, regardless of 

their classification. This document is a 

clarification of current requirements and 

does not propose any regulatory 

amendments, rather, PHMSA is 

clarifying existing policy; therefore this 

request will be handled as a petition for 

rulemaking and responded to 

accordingly. 

General Comments 

Transportation Safety 

With regard to transportation safety, 

PHMSA received one comment in 

support of its effort to clarify the 

classification of Division 1.1 fireworks. 

Specifically, this commenter noted that 

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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 9867 

PHMSA’s oversight of the classification 

of Division 1.1 fireworks is preferable 

due to the increased safety hazards 

involved in the management of Division 

1.1 fireworks. 

Another commenter opposes 

PHMSA’s clarification and indicates 

that Division 1.1 fireworks approved 

under APA Standard 87–1 have not 

resulted in any incidents that would 

cause it to reconsider its practice. 

Although to date there have been no 

known incidents involving the 

transportation of Division 1.1 fireworks, 

there are known occurrences of 

fireworks being transported that contain 

chemical compositions rendering them 

forbidden from transportation. The APA 

Standard 87–1 does not provide the 

testing and criteria to determine when a 

device ceases to be a Division 1.1 

firework device and becomes forbidden 

from transportation. Testing Division 

1.1 fireworks devices as prescribed in 

the HMR, enables a determination when 

a firework device ceases to be a Division 

1.1 device and becomes forbidden. 

Furthermore, this clarification will 

provide oversight to ensure that 

Division 1.1 fireworks meet the 

established criteria for their assigned 

classification, thereby minimizing the 

potential shipment of incorrectly 

classified or forbidden fireworks. 

Economic Impact 

One commenter opposes the policy 

clarification because they indicate that 

fireworks currently classified as 

Division 1.1G devices have not changed 

in many years, even though the 

regulations governing their 

transportation have changed. The 

commenter states that a fireworks 

device that was previously considered 

to be 1.3G under APA Standard 87–1 is 

now considered a 1.1G, but the device 

is still manufactured the same way as it 

was when the device was classed as a 

1.3G. 

In December 1991, PHMSA (Research 

and Special Programs Administration) 

revised the HMR to align its 

classification system for fireworks with 

the U.N. Recommendations on the 

Transport of Dangerous Goods. Under 

the previous system, fireworks were 

classified as Class A, B, or C—Class A 

fireworks were considered to be the 

most hazardous and Class C fireworks 

were considered to be least hazardous. 

For the most part, Class A fireworks 

were reclassed as Division 1.1, Class B 

fireworks were reclassed as Division 1.3, 

and Class C fireworks were reclassed as 

Division 1.4. This resulted in some 

fireworks with shell diameters as great 

as 16 inches being classed as Division 

1.3 fireworks. In the 2001–2002 edition 

of the APA Standard 87–1, fireworks 

with diameters greater than 10 inches 

were all classified as Division 1.1 

fireworks. Prior to that edition of the 

APA Standard 87–1, aerial shell 

firework devices not classed as a 1.4G 

were classed as a 1.3G regardless of size 

or quantity of flash composition. This 

change was made in the interest of 

safety. 

While PHMSA has approved Division 

1.1G fireworks manufactured in 

accordance with the APA Standard 87– 

1, it evaluates each EX approval 

independently and has also required 

Division 1.1G fireworks to be examined. 

Further, the commenter states that the 

testing for these items can cost upwards 

of $8,000 and that the cost will put 

fireworks companies intending to sell 

Division 1.1G fireworks devices at a 

major loss before the product is 

available for sale. To the contrary, thirdparty labs have indicated that the cost 

of performing these tests is considerably 

less—depending on a number of 

variables, PHMSA estimates that 

required tests would cost less than 

$5,400. 

Also, as indicated in the initial 

document, if a fireworks device is 

classed and approved as a Division 1.1 

firework, the UN Test Method 6 is not 

required; rather, testing will be limited 

to UN Test Method 4a(i) and 4b(ii), as 

is specified in § 173.57(b). Further, 

PHMSA allows the laboratory to make a 

classification recommendation for 

Division 1.1 fireworks based on analogy. 

This document is intended to clarify 

current regulations: that only Division 

1.3 and 1.4 fireworks devices may be 

approved in accordance with the APA 

Standard 87–1. 

IV. Summary of Policy Clarification 

Based on the comments received and 

PHMSA’s responses to those comments, 

henceforth, PHMSA will not accept 

Division 1.1 fireworks approval 

applications submitted under the APA 

Standard 87–1. Division 1.1 fireworks 

must be examined and assigned a 

recommended shipping description, 

division, and compatibility group by a 

DOT-approved explosives test 

laboratory, or issued an approval for the 

explosive by the competent authority of 

a foreign government acknowledged by 

PHMSA’s Associate Administrator. On a 

case-by-case basis under 173.56(i), 

PHMSA will evaluate them for approval 

without testing. 

Issued in Washington, DC, on February 14, 

2012 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. 2012–3894 Filed 2–17–12; 8:45 am] 

BILLING CODE 4910–60–P 

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