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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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 17707 

marked on the package for each Class 1 

material contained therein or on the 

shipping paper in association with the 

shipping description as described in 

§ 172.202(a). Product codes and national 

stock numbers must be traceable to the 

specific EX-number assigned by the 

Associate Administrator or FC-number 

assigned by a DOT-approved FCA. 

For manufactures of consumer 

fireworks that wish to revise or update 

the product name, the HMR do not 

prohibit the change. In fact, the 

manufacturer may print, in any format 

desired, a new item name on any 

surface of the package. It is a common 

industry practice to print the EX or FC 

number on the fireworks device itself. 

We encourage industry to continue this 

practice as an additional means of 

identifying the product. 

III. Conclusion 

A change to the product name (not the 

proper shipping name) has no bearing 

on the safety of the firework, the 

original classification of the firework, or 

regulatory compliance. When applying 

for new fireworks applications, 

manufacturers may wish to simplify 

their procedures by using product codes 

or item numbers in accordance with 

Appendix D, Note 2 in the American 

Pyrotechnics Association, Standard 87– 

1 (December 1, 2001 Edition), 

[Incorporated By Reference (IBR), see 49 

CFR 171.7(f)]. 

Issued in Washington, DC, on March 26, 

2015. 

Ben Supko, 

Acting Deputy Associate Administrator Policy 

and Programs, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2015–07425 Filed 4–1–15; 8:45 am] 

BILLING CODE 4910–60–P 


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