
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Page 23079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09015]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0035; Notice No. 2016-03]


Hazardous Materials: U.S. Designated Agents by Non-Resident 
Firework Manufacturers Guidance

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

ACTION: Guidance Notice.

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SUMMARY: PHMSA is issuing this guidance clarifying that: (1) Firework 
manufacturers may have more than one U.S. Designated Agent provided 
they follow certain criteria; and (2) inclusion of electronic contact 
information can help reduce processing times for approval requests.

DATES: The policy clarification discussed in this document is effective 
April 19, 2016.

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. 
Correspondence with respect to this notice should be sent to: 
FIREWORKS@dot.gov, subject line--``U.S. Designated Agents Guidance'' or 
respond to the listed address for Mr. Ryan Paquet.

SUPPLEMENTARY INFORMATION:

I. Introduction

    In this action, PHMSA's Office of Hazardous Materials Safety (OHMS) 
is issuing this Public Outreach Notice to clarify PHMSA's policy 
regarding the use of U.S. Designated Agents by non-resident firework 
manufacturers, clarifying the number of U.S. Designated Agents non-
resident firework manufacturers may use.

II. Background

    Pursuant to 49 CFR 173.56(b), a new explosive (firework) must be 
examined and assigned a recommended shipping description, division, and 
compatibility group by an examining agency, which is approved by PHMSA, 
unless the firework is manufactured to comply with the requirements 
specified in Sec. Sec.  173.64 and 173.65. Applicant firework 
manufacturers that are not residents of the United States are required 
to designate an individual, a firm, or a domestic corporation that is a 
permanent resident of the United States to act as the non-resident 
applicant firework manufacturer's U.S. Designated Agent, in accordance 
with Sec.  105.40.

III. Action

    PHMSA is no longer restricting non-resident firework manufacturers 
to the use of one U.S. Designated Agent. Since PHMSA allows applicant 
firework manufacturers to have more than one U.S. Designated Agent, the 
following criteria will help PHMSA to ensure that it has the correct 
information regarding a non-resident applicant firework manufacturer's 
U.S. Designated Agent.
    PHMSA is also clarifying in this Notice that, although not required 
under Sec.  105.40, inclusion of electronic contact information (i.e., 
email) allows for a more expedited processing of approvals. When PHMSA 
has only the physical address of the applicant or agent, the process of 
compiling and manually processing for mailing approvals can add as much 
as two weeks to the processing time.
    Non-Resident Application Requests for Classification will be 
reviewed when:
    The U.S. Designated Agent information listed on the application 
request matches the information on the U.S. Designated Agent letter 
enclosed with the request.
    Non-Resident Application Requests for Classification may be 
rejected when:
    The U.S. Designated Agent information listed on the application 
request does not match the information on the U.S. Designated Agent 
letter enclosed with the request.
    The application request indicates that the applicant firework 
manufacturer has a U.S. Designated Agent, but does not include a U.S. 
Designated Agent letter.
    Detailed information on the requirements for classification and 
approval of new fireworks is found in 49 CFR 173.56, 173.64, 173.65, 
the American Pyrotechnics Association's Standard 87-1, and on PHMSA's 
Web site at: www.phmsa.dot.gov/hazmat. Additional information is 
available by calling the Hazardous Materials Information Center at 
(800) 467-4922 or (202) 366-4488.

    Issued in Washington, DC, on April 12, 2016, under authority 
delegated in 49 CFR Part 107.
William S. Schoonover,
Deputy Associate Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2016-09015 Filed 4-18-16; 8:45 am]
 BILLING CODE 4910-60-P


