Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 17703 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 25, 2015. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.475: 

■ i. Remove ‘‘Chickpea’’ from the table 

in paragraph (a)(1). 

ii. Add alphabetically the entries for 

‘‘Bushberry subgroup 13–07B’’, ‘‘Pea 

and bean, dried shelled, except soybean, 

subgroup 6C’’, ‘‘Pea, field, hay’’, and 

‘‘Pea, field, vines’’ to the table in 

paragraph (a)(1). 

■ iii. Revise the entries for ‘‘Apple, wet 

pomace’’ and ‘‘Fruit, pome, group 11– 

10’’ in the table in paragraph (a)(1). 

■ iv. Revise the entry for ‘‘Milk’’ in the 

table in paragraph (a)(2). 

The amendments read as follows: 

§ 180.475 Difenoconazole; tolerances for 

residues. 

(a) * * * (1) * * * 

Commodity Parts per 

million 

* * * * * 

Apple, wet pomace ..................... 25 

* * * * * 

Bushberry subgroup 13–07B ...... 4 .0 

* * * * * 

Fruit, pome, group 11–10 ........... 5 .0 

* * * * * 

Pea and bean, dried shelled, except soybean, subgroup 6C .... 0 .20 

Pea, field, hay ............................. 40 

Pea, field, vines .......................... 10 

* * * * * 

(2) * * * 

Commodity Parts per 

million 

* * * * * 

Milk ............................................. 0 .02 

* * * * * 

* * * * * 

[FR Doc. 2015–07354 Filed 4–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2014–0620; FRL–9924– 

66–OSWER] 

RIN 2050–AG76 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan (NCP); Amending the NCP for 

Public Notices for Specific Superfund 

Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is adding 

language to the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP) to broaden the 

methods by which the EPA can notify 

the public about certain Superfund 

activities. 

DATES: This final rule is effective on 

May 4, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–SFUND–2014–0620. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Superfund Docket (Docket ID No. 

EPA–HQ–SFUND–2014–0620). This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Reading Room is (202) 

566–1744 and the telephone number for 

the Superfund Docket is (202) 566– 

0276. The EPA Docket Center (EPA/DC) 

is located at WJC West Building, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

General Information: Superfund, 

Toxics Release Inventory (TRI), 

Emergency Planning and Community 

Right-to-Know Act (EPCRA), Risk 

Management Program (RMP) and Oil 

Information Center at (800) 424–9346 or 

TDD (800) 553–7672 (hearing impaired). 

In the Washington, DC metropolitan 

area, call (703) 412–9810 or TDD (703) 

412–3323. 


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17704 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 

Technical information: Suzanne 

Wells at (703) 603–8863, 

(wells.suzanne@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460–0002, Mail Code 5204P. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA publishing this final 

rule? 

On October 1, 2014, EPA published a 

proposed rule entitled National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP); Amending the 

NCP for Public Notices for Specific 

Superfund Activities (79 FR 59179) 

(hereafter the proposed rule). The EPA 

proposed to amend the NCP to expand 

the methods by which the EPA can 

notify the public about certain 

Superfund activities. 

The NCP requires the lead Agency to 

publish a notice ‘‘in a major local 

newspaper of general circulation’’ when 

certain Superfund site-related activities 

occur. Many of these requirements were 

established in 1990 or earlier versions of 

the NCP when it was common practice 

for government agencies to publish 

notices of planned actions in 

newspapers. Today, multiple ways are 

used to notify the public about 

Superfund site-related activities that 

may be as or more effective than 

publishing notices in newspapers. For 

example, the public may be notified of 

certain actions the lead agency takes by 

distributing flyers door-to-door, mailing 

notices to homes, sending email 

notifications, making telephone calls or 

posting on Web sites. In certain cases, 

publishing a notice in a major 

newspaper of general circulation may 

not be the most effective way of 

notifying a community about a specific 

Superfund action, and may be less cost 

effective than other notification 

methods. EPA received seven comments 

on the proposed rule. EPA is addressing 

the comments and finalizing the 

amendment. 

II. Background 

A. What does this amendment do? 

In the October 1, 2014, proposed rule, 

six sections of the NCP were proposed 

to be amended to change the public 

notice language in the NCP to allow 

adequate notice to a community via a 

major local newspaper of general 

circulation or by using one or more 

other mechanisms. Specifically, this 

amendment will add language to: 

Æ § 300.415(n)(2)(i) That requires a 

notice of the availability of the 

administrative record file for CERCLA 

actions where, based on a site 

evaluation, the lead agency determines 

that a removal action is appropriate, and 

that less than six months exists before 

on-site removal action must begin. 

Æ § 300.415(n)(4)(ii) that requires 

notification of the engineering 

evaluation/cost analysis (EE/CA) where 

the lead agency determines that a 

CERCLA removal action is appropriate 

and that a planning period of at least six 

months exists prior to initiation of the 

on-site removal activities. 

Æ § 300.425(e)(4)(ii) that requires 

notification of releases that may be 

deleted from the National Priorities List 

(NPL). 

Æ § 300.815(a) that requires 

notification of the availability of the 

administrative record file for the 

selection of a remedial action at the 

commencement of the remedial 

investigation. 

Æ § 300.820(a)(1) that requires 

notification of the availability of the 

administrative record file when an EE/ 

CA is made available for public 

comment, if the lead agency determines 

that a removal action is appropriate and 

that a planning period of at least six 

months exists before on-site removal 

activities must be initiated. 

Æ § 300.820(b)(1) that requires 

notification of the availability of the 

administrative record file for all other 

removal actions not included in 

§ 300.820(a). 

B. What comments did EPA receive and 

how are they addressed? 

EPA received seven comments on the 

proposed rule. Four of the commenters 

fully supported the proposed rule to add 

language to the NCP to broaden the 

methods by which the EPA can notify 

the public about certain Superfund 

activities. One commenter wrote ‘‘It is 

difficult even for organized groups to 

constantly scan the local newspaper for 

publication notices. To have our rights 

for participation denied because we do 

not have time to peruse the local 

newspaper each and every day seems 

contrary to EPA’s mission to inform and 

protect the public.’’ Another commenter 

wrote ‘‘The currently required method 

of publishing notices in ‘major local 

newspapers of general circulation’ is 

antiquated and frequently ineffective. 

By broadening the permitted methods of 

notification, linked when possible to 

Community Involvement Plans, EPA 

can better reach populations affected by 

the Superfund process.’’ A third 

commenter wrote ‘‘The proposed rule 

would broaden the notification methods 

the lead agency will be able to use in 

order to adopt a notification approach 

that is most effective at informing a 

community. . . . We fully support an 

expanded approach to notification that 

might include door to door flyers, 

mailing notices to homes, sending 

emails or making telephone calls.’’ 

One commenter questioned why the 

proposed rule did not extend additional 

methods of public notification to the 

activities included under: 

(1) section 117 of the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA) including: 

Æ Section 117(a) notification of the 

proposed plan (40 CFR 

300.430(f)(3)(i)(A)), 

Æ Section 117(b) notification of the 

final remedial action plan adopted (40 

CFR 300.430(f)(6)(i)), and 

Æ Section 117(c) notification of an 

explanation of significant differences 

after adoption of a final remedial action 

plan (40 CFR 300.435(c)(2)(i)(B)); 

(2) notice of availability of the 

amended Record of Decision (40 CFR 

300.435(c)(2)(ii)(G)); 

(3) notices after EPA receives a letter 

of intent to apply for Technical 

Assistance Grant (40 CFR 35.4110); and 

(4) notices of the starts and 

completions of five-year reviews or 

availability of draft or final five-year 

review reports. 

EPA is required to follow the statutory 

public notice requirements associated 

with CERCLA section 117. Publication 

in a major local newspaper of general 

circulation will continue to be required 

for 1) notice of availability of the 

proposed plan (40 CFR 

300.430(f)(3)(i)(A)), 2) notice of 

availability of the Record of Decision 

(40 CFR 300.430(f)(6)(i)), 3) notice that 

briefly summarizes the explanation of 

significant differences (40 CFR 

300.435(c)(2)(i)(B)), 4) notice of 

availability and a brief description of 

the proposed amendment to the Record 

of Decision (40 CFR 

300.435(c)(2)(ii)(A)), and 5) notice of 

availability of the amended Record of 

Decision (40 CFR 300.435(c)(2)(ii)(G)). 

EPA did not propose revisions to 40 

CFR 35.4110 that requires the Agency to 

publish a notice in a major local 

newspaper of general circulation when 

it receives a letter of intent to apply for 

a Technical Assistance Grant (TAG). 

EPA will consider whether revisions to 

40 CFR 35.4110 are necessary to expand 

the methods by which it notifies the 

public of the receipt of a letter of intent 

to apply for a TAG. If EPA decides 

revisions are necessary, a proposed rule 

will be published. 

Finally, there are no regulatory 

requirements to publish a notice in a 

major local newspaper of general 

circulation about the start and 

completion of a five-year review or the 

availability of a draft or final five-year 

review report. The Comprehensive FiveVerDate Sep<11>2014 16:10 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1

tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 17705 

Year Review Guidance (EPA 540–R–01– 

007, OSWER No. 9355.7–03B–P, June 

2001) says ‘‘[a]t a minimum, community 

involvement activities during the fiveyear review should include notifying 

the community that the five-year review 

will be conducted and notifying the 

community when the five-year review is 

completed.’’ The Comprehensive FiveYear Review Guidance goes on to say 

the site team should determine the best 

means for notifying the community 

about the five-year review. Therefore, no 

revisions are necessary regarding public 

notification of the start and completion 

of five-year reviews or availability of 

draft or final five-year review reports. 

One commenter suggested that while 

it need not be included in the new NCP 

language, EPA staff responsible for 

public notification should continuously 

evaluate the effectiveness of the public 

notice vehicles they use because ‘‘[i]n 

this world of new media the best way 

to reach people varies by group and is 

continuously changing.’’ The Agency 

agrees it is important to receive 

feedback from the community on a 

regular basis on the best ways to 

communicate with them. During the 

interviews conducted with community 

members as part of the development of 

a Community Involvement Plan, EPA 

staff receive feedback on the best 

methods to communicate with the 

public. EPA staff also take advantage of 

opportunities at public meetings and 

through informal ongoing discussions 

with community members about the 

ways they would like to receive 

information about site activities. Based 

on this feedback, the Agency adjusts its 

notification methods, if necessary. 

Two commenters wrote the Agency 

ought to provide public notifications in 

English and in other prominent 

languages spoken in a community. The 

Agency agrees with these commenters. 

In communities where languages other 

than English are spoken, the Agency 

does seek to translate site-related 

information into the languages spoken 

in the communities. When appropriate, 

the Agency can provide translators at 

public meetings to communicate siterelated information to community 

members who do not speak English. 

Some Agency staff are bilingual and are 

able to help communicate site-related 

information in prominent languages 

spoken in a community. 

One commenter wrote that some 

communities are not knowledgeable 

about the Superfund process, and that it 

is important to provide training for 

community members in order to help 

them understand the Superfund 

process, and how they can be involved 

in the process. The Agency agrees with 

this commenter. EPA staff frequently 

provide presentations in communities 

about the Superfund process and how 

community members can be involved in 

the process. In addition, through 

programs like Technical Assistance 

Services for Communities (TASC), EPA 

works closely with communities to 

make sure they have the technical help 

they need. Sometimes, a community 

may need additional help to fully 

understand local environmental issues 

and participate in decision-making. The 

purpose of the TASC program is to meet 

this need. 

Finally, one commenter supported 

continuing to publish notices in major 

local newspapers because some 

communities continue to rely on local 

newspapers to get their information. 

This final rule allows the Agency to 

publish notices in ‘‘major local 

newspapers of general circulation,’’ if 

the local newspaper is determined to be 

the most effective vehicle for informing 

a community about certain Superfund 

activities. 

Thus, the amendment being 

promulgated is a useful and important 

change that will give the Agency the 

ability to determine the best method to 

notify the public about certain 

Superfund activities. EPA is 

promulgating the change to add 

language to 40 CFR part 300 as was 

proposed. 

III. Statutory and Executive Order 

Reviews 

As explained previously, this rule 

takes final action on an amendment for 

which we received comments in 

response to our October 1, 2014, 

National Oil and Hazardous Substances 

Pollution Contingency Plan (NCP); 

Amending the NCP for Public Notices 

for Specific Superfund Activities. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821, January 21, 

2011), this action is not a ‘‘significant 

regulatory action’’ and is therefore not 

subject to OMB review. This action 

merely adds language to 40 CFR 

300.415(n)(2)(i), 300.415(n)(4)(ii), 

300.425(e)(4)(ii), 300.815(a), 

300.820(a)(1), and 300.820(b)(1) to 

expand the methods by which the lead 

agency can notify the public about 

certain Superfund activities. This action 

will enable the lead agency to identify 

effective methods to notify the public. 

This action does not impose any 

requirements on any entity, including 

small entities. Therefore, pursuant to 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.), after considering the 

economic impacts of this action on 

small entities, EPA certifies that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. This action 

does not contain any unfunded 

mandates or significantly or uniquely 

affect small governments as described in 

Sections 202 and 205 of the Unfunded 

Mandates Reform Act of 1999 (UMRA) 

(Pub. L. 104–4). This action does not 

create new binding legal requirements 

that substantially and directly affect 

Tribes under Executive Order 13175 (63 

FR 67249, November 9, 2000). This 

action does not have significant 

Federalism implications under 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Because this action 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). This action does not involve 

technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: March 19, 2015. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

For the reasons set out above, title 40, 

chapter I of the Code of Federal 

Regulations is amended as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

is revised to read as follows: 

Authority: 33 U.S.C. 1321(d); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3CFR, 


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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: 

§ 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) * * * 

(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 

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 § 172.320, the EXnumber, FC-number, product code or 

national stock number must be either 


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