{"operation":"document","citation":"16-0057","title":"American Pyrotechnics Association — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-06-30","effective_on":null,"summary":"16-0057 response to American Pyrotechnics Association concerning 173.157, 173.56, 173.64, 173.65.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0057.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0057.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0057","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160057.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUN. 3 0 2016\nMs. Julie Heckman\nExecutive Director\n7910 Woodmont Ave #1220\nAmerican Pyrotechnics Association\nBethesda, MD 20814\nReference No. 16-0057\nDear Ms. Heckman:\nThis is in response to your April 8, 2016 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to reverse logistics\nshipments of fireworks. We have paraphrased and answered your questions as follows:\nQ1. On March 31, 2016 [81 FR 18527], the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) published the Reverse Logistics final rule under Docket\nPHMSA-2011-0143 (HM-253). You indicate that PHMSA should have written\n§ 173.157(c)(1) to state that Division 1.4G materials should be offered for transport\nor transported in accordance with sections §§ 173.56(b)(1), 173.56(f), or 173.65. You\nbelieve that adding these sections would more appropriately address all possible\napproval routes for the classification of 1.4G consumer fireworks rather than the\nsingle reference to § 173.56.\nA1.\nIn this final rule, PHMSA intended to allow 1.4G fireworks to be shipped from retail\nfacilities back to distribution centers provided the packaging met the terms of the\noriginal approval and the shipment was made by private carrier. Section\n173.157(c)(2) permits all Division 1.4G and 1.4S fireworks \"sold in retail facilities\"\nregardless of how the fireworks were originally approved, therefore if the products\nunder §§ 173.56(b)(1), 173.56(f), 173.64 or 173.65 they are permitted under this\nsection. PHMSA may consider adding clarification language in a future rulemaking.\nQ2.\nYou note that § 173.157(c)(2) requires fireworks shipped as reverse logistics to use\npackaging that meets the terms of the original approval. You ask if Department of\nTransportation (DOT) 4G fiberboard boxes could be used for these reverse logistics\nshipments of consumer fireworks.\n\n<<<PAGE 2>>>\n\nA2.\nAs noted in § 173.157(c)(2), the packaging used to ship fireworks as reverse logistics\nlust meet the terms of the original approval. Therefore, it the DOT tiberboard 4\nox was listed in the approval or authorized for shipment in the forward logistics o\nthe fireworks, it would also be approved or authorized for the reverse logistics\nshipments.\nQ3.\nYou note that many of the packagings you use to move fireworks already display an\nhipping name, and the UN number must be removed from the package in order t\nrange 1.4 label and UN 0336 number. You ask it the 1.4G label, the proper\ntake advantage of the reverse logistics exception.\nA3.\nThe answer is yes. In order to utilize the reverse logistics exception in § 173.157,\nshippers must only display the limited quantity or reverse logistics marking, thereby\ndistinguishing between fully regulated shipments of fireworks and reverse logistics\nshipments.\nQ4.\nYou ask if reverse logistics shipments of fireworks that exceed 1,000 pounds gross\nweight require placards under § 173.157, as this would trigger the requirement for the\ndriver of the vehicles to possess a commercial driver's license (CDL) with a hazmat\nendorsement.\nA4. The answer is no. Provided the fireworks shipment meets all the requirements in\n§ 173.157, the reverse logistics shipment would not require placards.\nQ5.\nYou ask if there is a shipping paper requirement for reverse logistics shipments of\nconsumer fireworks under § 173.157.\nA5.\nThe answer is no. Provided the fireworks shipment meets all the requirements in\n§ 173.157, the reverse logistics shipment would not require a shipping paper.\nQ6.\nYou ask if 1.4G fireworks shipped under the reverse logistics section are still\nconsidered fireworks under the HMR or if they are considered reverse logistics\nmaterials.\nA6.\nShipments of consumer fireworks that are eligible for shipment under the reverse\nlogistics section in § 173.157 are fireworks. The exceptions provided in § 173.157\nare intended to provide minimum packaging, training, and hazard communication to\naddress the risk posed by hazardous materials that are returned from retail facilities to\nthe manufacturer, supplier, or distribution center.\n\n<<<PAGE 3>>>\n\nThese requirements do not provide an option to reclassify the material, but are an\nexception that facilitates the movement of these materials from a retail facility back to\nthe distribution centers.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nTHen Foster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nAndrewes\nExplosives\nDodd, Alice (PHMSA)\n15-0057\nFrom:\nAndrews, Steven (PHMSA)\nSent:\nMonday, April 11, 2016 7:19 AM\nTo:\nHazmat Interps\nSubject:\nFW: Reverse Logistics FR re 1.4G Consumer Fireworks\nAttachments:\nRL questions for PHMSA 3-16.doc\nAlice/Shante,\nPlease log this in as a interp and assign it to me. The attachment has the questions that need to be answered.\nThanks\nsteven\nFrom: Julie Heckman [mailto:jheckman@americanpyro.com]\nSent: Friday, April 08, 2016 1:06 PM\nCc: John A. Conkling\nTo: Andrews, Steven (PHMSA)\nSubject: Reverse Logistics FR re 1.4G Consumer Fireworks\nDear Steven,\nThank you so much for returning my phone call regarding the Final Rule on Reverse Logistics.\nAs we discussed, we believe the reference on pg. 18540 in the Federal Register, under 173.157 (c)(1) should state\nDivision 1.4G materials offered for transport and transported in accordance with sections 173.56(b)(1), 173.56(f),\n173.56(j) or 173.65.\nThis would then more appropriately address all possible approval routes for the classification of a 1.4G Consumer\nFireworks rather than the current single reference to 173.56 which pertains to only fireworks approved by a Fireworks\nCertification Agency (FCA).\nAdditionally, I have attached several questions that we would appreciate a review and response to in order for us to\nprepare guidance for the industry for the upcoming 4* of July season as we are certain members will want to take\nadvantage of the Reverse Logistics provisions.\nIf you require any additional information from the APA in order to address our questions, please feel free to reach out to\nme or Dr. John Conkling.\nMany thanks for your assistance.\nBest regards,\nJulie\nJulie L. Heckman\nExecutive Director\nAmerican Pyrotechnics Association\nPh. (301) 907-8181\nCell(240) 401-4513\nFax(301) 907-9148\n1\n\n<<<PAGE 5>>>\n\nConfidentiality Statement: This message is intended for the designated recipient(s) only. This message may be\nconfidential and legally priviledged, along with any documents, files or previous email messages that are attached. If\nyou are not the designated recipient of this message, you are hereby notified that any disclosure, copying or use of\ninformation in this message is prohibited. If you believe this message has been sent to you in error, please destroy it\nand notify the sender by reply email or by calling (301) 907-8181. Thank you.\n2\n\n<<<PAGE 6>>>\n\nQuestions for PHMSA re the Reverse Logistics (RL) regulations:\n1. The rule requires that \"consumer grade fireworks\" be packaged \"as required by the\napproval assigned to those fireworks\". There is a limit of 30 kilograms (66 pounds) of\nmaterials per package. A logical packaging choice for the reverse logistics movement of\nconsumer (1.4G) fireworks from a retail facility back to the supplier (by private motor\ncarrier only) would be the DOT-specification 4G fiberboard cartons that were used to\nship the products to the sales facility. Assuming that the cartons are in good condition,\nand sealed with tape comparable to that used for the original shipment, are they\npermissible to use for RL shipments?\na. These cartons will already have an orange 1.4G label on them, as well as the Fireworks\nUN0336 marking. If the reverse logistics shipment prominently adds the new marking\nrequired by the RL rule as a sticker or tape, does the reverse shipper need to remove the\n1.4G label, proper shipping name, and the UN number from the cartons?\nb. If the quantity of RL fireworks on the private motor vehicle exceeds 1,000 pounds\n(gross weight), is placarding of the vehicle required? This would then trigger the\nrequirement for the driver of the vehicle to possess a Commercial Driver's License\n(CDL) with a Hazmat endorsement.\nc. Are there any requirements pertaining to the shipping papers that are required for RL\nshipments?\nd. For 1.4G fireworks shipments under the RL rules, are the products that are being\ntransported still considered to be fireworks for purposes of transportation, or are they\n\"Reverse Logistics\" materials?","truncated":false,"body_characters":8673}