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Federal Register/Vol. 78, No. 191/Wednesday, October 2, 2013

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Federal Register/Vol. 78, No. 191/Wednesday, October 2, 2013 60766 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations Issued in Washington, DC, under authority minimize the delay in processing DEPARTMENT OF THE INTERIOR delegated in 49 CFR 1.97. applications for these devices. Magdy El-Sibaie, Fish and Wildlife Service II. Background Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous PHMSA’s OHMS, Approvals and 50 CFR Part 17 Materials Safety Administration. Permits Division often receives approval [Docket No. FWS–R4–ES–2012–0068] [FR Doc. 2013–24082 Filed 10–1–13; 8:45 am] applications for Division 1.4G, BILLING CODE 4910–60–P consumer fireworks that are in the RIN 1018–AY19 shape of an animal or a small vehicle Endangered and Threatened Wildlife that produce multiple effects. In this DEPARTMENT OF TRANSPORTATION and Plants; Threatened Species Status notice, we are providing guidance for for Spring Pygmy Sunfish Pipeline and Hazardous Materials PHMSA-approval or FCA-certification AGENCY: Fish and Wildlife Service, Safety Administration of specialty fireworks devices. Interior. III. General Requirements 49 CFR Part 173 ACTION: Final rule. Specialty fireworks devices 2 may SUMMARY: We, the U.S. Fish and [Docket No. PHMSA–2013–0206; Notice No. include tanks, small fire trucks, cars, 13–15] Wildlife Service (Service), determine boats, animals, and other similarly threatened species status under the shaped devices that produce multiple Clarification on Fireworks Policy Endangered Species Act of 1973 (Act), effects (whistles, lights, sparks, noises, Regarding Approvals or Certifications as amended, for the spring pygmy etc.) simultaneously.3 for Specialty Fireworks Devices Specialty sunfish (Elassoma alabamae), which is fireworks devices, which are classified found in Limestone County, Alabama. AGENCY: Pipeline and Hazardous as UN0336, consumer fireworks, of The effect of this regulation is to add Materials Safety Administration Division 1.4G, must comply with the this species to the List of Endangered (PHMSA), DOT. requirements of 49 CFR 173.56(b), and Threatened Wildlife and implement ACTION: Clarification. 173.64 or 173.65, the APA Standard 87– the Federal protections provided by the 1 and the requirements below. SUMMARY: This document clarifies Act for this species. PHMSA’s policy regarding applications Specialty fireworks devices: DATES: This rule is effective December 2, for specialty fireworks devices. 1. Must be ground based with or 2013. Specialty fireworks devices are without movement; ADDRESSES: This final rule is available fireworks devices in various shapes that 2. May contain non-sequential fusing; on the Internet at http:// produce multiple effects, www.regulations.gov and at the 3. May not exceed 10 fiberboard or simultaneously. In this document, we Mississippi Ecological Services Field plastic tubes per device; are establishing our policy regarding Office site. Comments and materials specialty fireworks devices. 4. May not contain more than 2 grams received, as well as supporting DATES: October 2, 2013. of pyrotechnic composition per tube, documentation used in the preparation and not more than 20 grams pyrotechnic FOR FURTHER INFORMATION CONTACT: Mr. of this rule, are available for public composition in the finished device; Ryan Paquet, Director, Approvals and inspection at http:// Permits Division, Office of Hazardous 5. Have reports that do not contain www.regulations.gov. All of the Materials Safety, (202) 366–4512, more than 50 mg of explosive comments, materials, and PHMSA, 1200 New Jersey Avenue SE., composition per report; documentation that we considered in this rulemaking are available by Washington, DC 20590. 6. Must not contain aerial components appointment, during normal business SUPPLEMENTARY INFORMATION: and tubes with internal shells, which hours at: U.S. Fish and Wildlife Service, are prohibited; and I. Introduction Mississippi Field Office, 6578 Dogwood 7. Must not be combined with other View Parkway, Jackson, MS 39213; In this document, PHMSA’s Office of firework devices. Hazardous Materials Safety (OHMS) is telephone 601–321–1122; facsimile issuing its policy regarding specialty Issued in Washington, DC, under authority (601–965–4340). fireworks devices, which sets forth the delegated in 49 CFR 1.97. FOR FURTHER INFORMATION CONTACT: requirements for approval or Magdy El-Sibaie, Stephen Ricks, Field Supervisor, U.S. certification applications for ‘‘Specialty Associate Administrator for Hazardous Fish and Wildlife Service, Mississippi Fireworks Devices’’ classified as Materials Safety, Pipeline and Hazardous Ecological Services Field Office (see Division 1.4G, consumer fireworks. This Materials Safety Administration. ADDRESSES section). If you use a notice of our policy clarifies what is [FR Doc. 2013–24092 Filed 10–1–13; 8:45 am] telecommunications device for the deaf considered a ‘‘Specialty Fireworks BILLING CODE 4910–60–P (TDD), call the Federal Information Device’’ for fireworks manufacturers or Relay Service (FIRS) at 800–877–8339. their U.S. designated agents to enable may apply in writing to an FCA with the SUPPLEMENTARY INFORMATION: them to accurately apply for PHMSA information required in the APA Standard 87–1. After reviewing the application, the FCA will notify Executive Summary approval or Fireworks Certification the manufacturer, in writing, if the fireworks have Agency (FCA) certification 1 and been classed, certified, and assigned an FC number, Why we need to publish a rule. Under or if the application is denied (see 49 CFR 173.65). the Endangered Species Act (Act), a 1 Manufacturers of Division 1.4G, consumer 2 An example of a specialty fireworks device is a species warrants protection through fireworks have the option of applying to a DOT- fire truck with 10 tubes, 2 grams per tube, for a total listing if it is endangered or threatened approved fireworks certification agency (FCA) pyrotechnic weight of 20 grams. throughout all or a significant portion of instead of applying to PHMSA. The fireworks still 3 This policy only applies to UN0336, Fireworks, must conform to the requirements in the APA 1.4G, and does not apply to novelty fireworks its range. Listing a species as an Standard 87–1, and pass a thermal stability test. devices. Requirements for novelty fireworks devices endangered or threatened species can Instead of applying to PHMSA, the manufacturer are found in the APA Standard 87–1, Section 3.2. only be completed by issuing a rule. VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 PO 00000 Frm 00114 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 sroberts on DSK5SPTVN1PROD with RULES Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations 60767 This rule lists the spring pygmy also considered all comments and Thorsen, and Horton springs, all in sunfish as a threatened species. In a information we received during two Limestone County, Alabama, along with separate, future rulemaking, we will public comment periods. associated spring runs, seeps, and finalize the designation of critical wetlands, are collectively referred to as Previous Federal Actions habitat for the spring pygmy sunfish. the Beaverdam Spring/Creek system. The basis for our action. Under the Federal actions for the spring pygmy The Beaverdam Creek watershed is the Act, we can determine that a species is sunfish prior to October 2, 2012, are least impacted groundwater-fed wetland an endangered or threatened species outlined in our proposed listing and in north Alabama as there are no other based on any of five factors: (A) The critical habitat rule (77 FR 60180), large springs in Lauderdale, Limestone, present or threatened destruction, which was published on that date. or Madison Counties that have not been modification, or curtailment of its Publication of the proposed rule opened developed for private or municipal use habitat or range; (B) overutilization for a 60-day comment period, which closed (Jandebeur 2012a, p. 1). The greatest commercial, recreational, scientific, or on December 3, 2012. On April 29, 2013 concentration of spring pygmy sunfish educational purposes; (C) disease or (78 FR 25033), we reopened the occurs within the Beaverdam Spring predation; (D) the inadequacy of comment period for an additional 30 site, which comprises 24 percent of the existing regulatory mechanisms; or (E) days, ending May 29, 2013. During this total occupied habitat for the species, other natural or manmade factors period, the public was invited to and has experienced the least human- affecting its continued existence. We comment on the entire October 2, 2012, induced disturbance. However, Sandel have determined that the spring pygmy proposed rule as well as the draft (2011, p. 6) has documented declines in sunfish is threatened based on three of economic analysis (DEA) of the all sites within the system. these five factors (Factors A, D, and E). proposed critical habitat designation. Current threats to the species include We did not receive any requests for a Historical Distribution and Status ground and surface water withdrawal public hearing. We will finalize the The spring pygmy sunfish historically and impacts to water quality within the designation of critical habitat for the occurred at two other sites. This species spring systems where this species spring pygmy sunfish in the near future. was initially discovered in 1938, in currently occurs and historically Cave Springs, Lauderdale County, occurred (Factor A). The species is also Background Alabama, where it
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