57370 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, that are written in English, and 

that are free of any defects or viruses. 

Documents should not contain special 

characters or any form of encryption 

and, if possible, they should carry the 

electronic signature of the author. 

3. Confidential Business Information. 

Pursuant to the provisions of 10 CFR 

1004.11, any person submitting 

information or data he or she believes to 

be confidential and exempt by law from 

public disclosure should submit two 

well-marked copies: One copy of the 

document marked ‘‘CONFIDENTIAL’’ 

including all the information believed to 

be confidential, and one copy of the 

document marked ‘‘NON– 

CONFIDENTIAL’’ with the information 

believed to be confidential deleted. 

Submit these documents via email to 

Rulemaking.850@hq.doe.gov. DOE will 

make its own determination about the 

confidential status of the information 

and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

4. Campaign form letters. Please 

submit campaign form letters by the 

originating organization in batches of 

between 50 to 500 form letters per PDF 

or as one form letter with a list of 

supporters’ names compiled into one or 

more PDFs. This reduces comment 

processing and posting time. 

VI. Approval by the Office of the 

Secretary of Energy 

The Secretary of Energy approved 

publication of this supplemental notice 

of proposed rulemaking. 

List of Subjects in 10 CFR Part 850 

Beryllium, Diseases, Hazardous 

substances, Lung diseases, Occupational 

safety and health, Reporting and 

recordkeeping requirements. 

Signing Authority 

This document of the Department of 

Energy was signed on August 16, 2023, 

by Jennifer Granholm, Secretary of 

Energy. That document with the original 

signature and date is maintained by 

DOE. For administrative purposes only, 

and in compliance with requirements of 

the Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on August 17, 

2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons set forth in the 

preamble, the Department of Energy 

proposes to amend 10 CFR part 850 as 

set forth below. 

PART 850—CHRONIC BERYLLIUM 

DISEASE PREVENTION PROGRAM 

■ 1. The authority citation for part 850 

continues to read as follows: 

Authority: 42 U.S.C. 2201(i)(3), (p); 42 

U.S.C. 2282c; 29 U.S.C. 668; 42 U.S.C. 7101 

et seq.; 50 U.S.C. 2401 et seq., E.O. 12196, 3 

CFR 1981 comp., at 145 as amended. 

§ 850.11 [Amended] 

■ 2. Amend § 850.11 by: 

■ a. Removing the word ‘‘level’’ and 

adding in its place, the word, ‘‘limits’’ 

in paragraph (b)(1); and 

■ b. Removing the word ‘‘limit’’ and 

adding in its place, the word, ‘‘limits’’ 

in paragraph (b)(3)(iv). 

■ 3. Revise § 850.22 to read as follows: 

§ 850.22 Permissible exposure limits. 

(a) Time-weighted average (TWA) 

permissible exposure limit (PEL). 

Employers must ensure that no worker 

is exposed to an airborne concentration 

of beryllium in excess of 0.2 mg/m3, 

calculated as an 8-hour TWA exposure, 

as measured in the worker’s breathing 

zone by personal monitoring. 

(b) Short-term exposure limit (STEL). 

Employers must ensure that no worker 

is exposed to an airborne concentration 

of beryllium in excess of 2.0 mg/m3 as 

determined over a sampling period of 15 

minutes and measured in the worker’s 

breathing zone by personal monitoring. 

■ 4. Amend § 850.23 by revising 

paragraph (a) to read as follows: 

§ 850.23 Action level. 

(a) Employers must include in their 

CBDPPs an action level that is no greater 

than 0.1 mg/m3, calculated as an 8-hour 

TWA exposure, as measured in the 

worker’s breathing zone by personal 

monitoring. 

* * * * * 

■ 5. Amend § 850.25 by revising 

paragraph (a) to read as follows: 

§ 850.25 Exposure reduction and 

minimization. 

(a) Employers must ensure that no 

worker is exposed above the exposure 

limits prescribed in § 850.22. 

* * * * * 

[FR Doc. 2023–18082 Filed 8–22–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 555 

[Docket No. 2013R–15P; AG Order No. 

5732–2023] 

RIN 1140–AA51 

Annual Reporting of Explosive 

Materials Storage Facilities to the 

Local Fire Authority 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives, Department of 

Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Justice is 

proposing to amend Bureau of Alcohol, 

Tobacco, Firearms, and Explosives 

(‘‘ATF’’) regulations to require that any 

person who stores explosive materials 

notify on an annual basis the authority 

having jurisdiction for fire safety in the 

locality in which the explosive 

materials are being stored of the type of 

explosives, magazine capacity, and 

location of each site where such 

materials are stored. In addition, the 

proposed rule requires any person who 

stores explosive materials to notify the 

authority having jurisdiction for fire 

safety in the locality in which the 

explosive materials were stored 

whenever storage is discontinued. These 

changes are intended to increase public 

safety. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before 

November 21, 2023. Commenters should 

be aware that the electronic Federal 

Docket Management System will not 

accept comments after 11:59 p.m. 

Eastern Time on the last day of the 

comment period. 

ADDRESSES: You may submit comments, 

identified by docket number (ATF 

2013R–15P), by any of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Shermaine Kenner, Mailstop 

6N–602, Office of Regulatory Affairs, 

Enforcement Programs and Services, 


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1On January 24, 2003, ATF issued a final rule 

titled ‘‘Reorganization of Title 27, Code of Federal 

Regulations,’’ which, among other things, removed 

part 55 from chapter I and recodified it as part 555 

in the new chapter II. 68 FR 3744. 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives, 99 New York Avenue 

NE, Washington, DC 20226, ATTN: ATF 

2013R–15P. 

Instructions: All submissions received 

must include the agency name and 

docket number (2013R–15P) for this 

notice of proposed rulemaking 

(‘‘NPRM’’). All properly completed 

comments received from any of the 

methods described above will be posted 

without change to the Federal 

eRulemaking portal, https://

www.regulations.gov. This includes any 

personal identifying information (‘‘PII’’) 

submitted in the body of the comment 

or as part of a related attachment. 

Commenters who submit through the 

Federal eRulemaking portal and who do 

not want any of their PII posted on the 

internet should omit PII from the body 

of their comment or in any uploaded 

attachments. Commenters who submit 

through mail should likewise omit their 

PII from the body of the comment and 

provide any PII on the coversheet only. 

For detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Shermaine Kenner, Office of Regulatory 

Affairs, Enforcement Programs and 

Services, Bureau of Alcohol, Tobacco, 

Firearms, and Explosives, U.S. 

Department of Justice, 99 New York 

Avenue NE, Washington, DC 20226; 

telephone: (202) 648–7070. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title XI of the Organized Crime 

Control Act of 1970, Public Law 91–452, 

84 Stat. 922, added chapter 40 

(Importation, Manufacture, Distribution 

and Storage of Explosive Materials) to 

title 18 of the United States Code. One 

purpose of title XI is to reduce the 

‘‘hazard to persons and property arising 

from misuse and unsafe or insecure 

storage of explosive materials.’’ Public 

Law 91–452, sec. 1101, 84 Stat. at 952. 

The Attorney General is responsible 

for implementing title XI. See 18 U.S.C. 

847. The Attorney General has delegated 

that responsibility to the Director of the 

ATF, subject to the direction of the 

Attorney General and the Deputy 

Attorney General. See 28 CFR 0.130. 

Regulations in 27 CFR part 555 

implement title XI. 

On August 24, 1998, ATF published 

in the Federal Register a final rule to 

implement a storage notification 

requirement for manufacturers and 

other storers of explosives. Notice No. 

841, 63 FR 44999. ATF amended the 

regulations in 27 CFR part 55 (now part 

555) 1 to require that any person who 

starts storing explosive materials notify 

the authority having jurisdiction for fire 

safety in the locality in which the 

explosive materials are being stored of 

the type of explosives, magazine 

capacity, and location of each site where 

such explosives are stored. The 1998 

final rule was issued in response to the 

numerous deaths and injuries sustained 

by emergency response personnel 

responding to fires at sites where 

explosives were stored without the 

knowledge of State and local officials. 

See Notice No. 841, 61 FR 53688 (Oct. 

15, 1996). 

ATF is concerned with the safety of 

emergency response personnel 

responding to fires on sites where 

explosives are stored, and the safety of 

the public around such areas. It is 

important that first responders are 

aware of explosives storage when 

responding to a fire site. Firefighters and 

other fire safety officials generally do 

not attempt to fight a fire that involves 

a container of explosive materials 

because of the potential for an explosion 

that could harm the responders. 

Knowledge of the existence of 

explosives in such close proximity to a 

fire would typically prompt an 

evacuation of the facility and the 

surrounding area to ensure the safety of 

the first responders and the public. 

The regulation at 27 CFR 555.201(f) 

requires the reporting of certain 

information when storage of explosive 

materials commences, but does not 

specifically require subsequent 

reporting that might reflect changes in 

the type of explosives and magazine 

capacity. Explosives industry 

association representatives raised this 

issue with ATF during discussions 

conducted in connection with Executive 

Order 13650 of August 1, 2013, 

‘‘Improving Chemical Facility Safety 

and Security.’’ These representatives 

recommended that this regulation be 

amended to require annual reporting. 

They stated that this would increase 

communication between industry 

members and their local emergency 

responders, mitigate the negative effects 

of turnover in the emergency response 

community, and increase training 

opportunities for the local responders. 

Executive Order 13650 recognizes the 

importance of implementing safety 

measures for the handling and storage of 

chemicals, including explosive 

materials. In addition, it established the 

Chemical Facility Safety and Security 

Working Group, co-chaired by the heads 

of the Department of Homeland 

Security, the Environmental Protection 

Agency, and the Department of Labor, 

and whose membership includes the 

heads of the Department of Justice, 

Department of Agriculture, and 

Department of Transportation, to carry 

out the responsibilities of the order. 

Department heads can also delegate 

their responsibilities to a representative. 

A final report, submitted by the working 

group to the President in May 2014, 

notes that ATF will work closely with 

explosives industry associations to 

develop best practices, procedures, or 

regulations to improve communication 

with fire authorities, including more 

frequent notification of significant 

changes to storage facilities. See 

Executive Order 13650: Actions to 

Improve Chemical Facility Safety and 

Security—A Shared Commitment: 

Report for the President at 51 (May 

2014), https://www.cisa.gov/sites/ 

default/files/publications/2014-08-25- 

final-chemical-eo-status-report-508.pdf. 

II. Proposed Amendments to 27 CFR 

Part 555 

As a result of our consultations with 

explosives industry associations, ATF is 

proposing to amend the regulation at 27 

CFR 555.201(f) to require annual 

reporting of explosive materials storage 

to local fire authorities. ATF believes 

that a requirement for annual reporting 

will lead to more frequent contact 

between persons storing explosive 

materials and local fire authorities, 

ensure that explosives storage 

information is timely provided to new 

first responder staff members, and serve 

to reinforce the importance of the 

information to fire response 

organizations. ATF believes that an 

annual reporting time frame would best 

balance the need for these results 

against the burden of more frequent 

reporting. For these reasons, ATF is 

proposing to amend the regulation at 27 

CFR 555.201(f) to require persons to 

report storage of explosive materials to 

local fire authorities on an annual basis. 

The current regulation at 27 CFR 

555.201(f) requires any person who 

stores explosive materials to provide to 

fire safety officials an oral notification 

before the end of the day on which 

storage of the explosive materials 

commenced, and in writing (e.g., email, 

letter) within 48 hours after 

commencement of storage. Both forms 

of notification must include the type of 

explosives, magazine capacity, and 

location of each site where such 

explosive materials are stored. 


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2ATF bases these economic cost estimates on 

employee compensation data for September 2022 as 

determined by the U.S. Department of Labor, 

Bureau of Labor Statistics, and announced in its 

news release dated December 15, 2022, which is 

found at https://www.bls.gov/news.release/ 

archives/ecec_12152022.pdf. The Bureau of Labor 

Statistics determined the average hourly employer 

costs for employee compensation for private 

industry workers to be $41.86. 

3ATF bases these economic cost estimates on 

employee compensation data for September 2022 as 

determined by the U.S. Department of Labor, 

Bureau of Labor Statistics, and announced in its 

news release dated December 15, 2022, which is 

found at https://www.bls.gov/news.release/ 

archives/ecec_12152022.pdf. The Bureau of Labor 

Statistics determined the average hourly employer 

costs for employee compensation for private 

industry workers to be $41.86. 

ATF proposes amending the 

regulation to require any person who 

stores explosive materials to notify 

authorities having jurisdiction for fire 

safety in the locality in which the 

explosive materials are being stored 

upon commencement of storage and 

every 12 months thereafter. In addition, 

such persons would be required to 

provide written notification whenever 

they discontinue the storage of 

explosives. 

ATF further proposes to amend the 

regulation to require that each written 

notification contain the name, title, and 

agency of the fire authority official 

notified and the date of the written 

notification. The person submitting the 

notification will be required to retain a 

copy of the written notification for five 

years and make such notification 

available for examination or inspection 

by ATF at all reasonable times. 

This annual notification will increase 

public safety through increased 

communication between storers of 

explosive materials and their local 

emergency responders, provide updated 

storage information to local authorities, 

and allow for risk assessments and 

emergency response preparation prior to 

incidents, thus reducing potential safety 

and damage risk to first responders and 

emergency equipment, respectively. 

III. Statutory and Executive Order 

Review 

A. Executive Orders 12866 and 13563— 

Regulatory Review 

This proposed regulation has been 

drafted and reviewed in accordance 

with Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ sec. 

1(b), The Principles of Regulation, and 

in accordance with Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review.’’ 

The Office of Management and Budget 

(‘‘OMB’’) has determined that this 

proposed rule is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f). Furthermore, 

this rulemaking will not have an annual 

effect on the economy of $100 million 

or more, nor will it adversely affect in 

a material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health, or 

safety, or State, local, or tribal 

governments or communities. 

This proposed rule would amend 27 

CFR 555.201(f) to require annual 

notification to local authorities having 

jurisdiction for fire safety concerning 

the storage of explosive materials. More 

specifically, this proposed rule would 

require any person who stores explosive 

materials to notify, at the 

commencement of storage, local 

authorities with jurisdiction for fire 

safety with respect to the type of 

explosives, magazine capacity, and 

location of each site where such 

explosive materials are stored. 

Notification would also be required 

once every 12 months thereafter, but no 

later than the end of the month during 

which the 12-month period is 

completed, and upon discontinuance of 

the storage of explosives. 

ATF estimates that this rulemaking 

will have an impact on approximately 

9,674 licensees or permittees, and that 

notification will take 30 minutes per 

occasion. ATF cost estimates for this 

rulemaking are as follows: 

Labor Costs: Half hour of labor 

($41.86/hour × 0.5 hours) 2 for 

completing and mailing the notification 

× 9,674 licensees or permittees = 

$202,477. The annual cost of this 

rulemaking would be $202,477. 

The benefits to this rulemaking would 

allow for improved risk assessments and 

emergency response preparation prior to 

incidents, thus reducing potential safety 

and damage risk to first responders and 

emergency equipment, respectively. 

B. Executive Order 13132—Federalism 

This proposed rule will not have 

substantial direct effects on the States, 

on the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, ‘‘Federalism,’’ the 

Attorney General has determined that 

this proposed rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

C. Executive Order 12988—Civil Justice 

Reform 

This proposed rule meets the 

applicable standards set forth in 

sections 3(a) and 3(b)(2) of Executive 

Order 12988, ‘‘Civil Justice Reform.’’ 

D. Regulatory Flexibility Act 

Under the Regulatory Flexibility Act, 

5 U.S.C. 601–612, we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

By approving this proposed rule, the 

Attorney General certifies that it will 

not have a significant economic impact 

on a substantial number of small 

entities. ATF estimates that this 

rulemaking will have an impact on 

approximately 9,674 licensees or 

permittees, with the majority of those 

being small businesses. The notification 

is estimated to take 30 minutes annually 

for a phone call and to provide written 

notification, most likely by email. ATF 

cost estimates for this rulemaking are as 

follows: 

Labor Costs: Half hour of labor 

($41.86/hour × 0.5 hours) 3 for 

completing and mailing the notification 

= $21. 

As such, the cost associated with the 

notification is minimal. 

E. Congressional Review Act 

This proposed rule is not a major rule 

as defined by the Congressional Review 

Act, 5 U.S.C. 804. 

F. Unfunded Mandates Reform Act of 

1995 

This proposed rule will not result in 

the aggregate expenditure by State, 

local, and tribal governments, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1531–1538. 

G. Paperwork Reduction Act 

This proposed rule would call for a 

revision to an existing collection of 

information under the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3501– 

3521. As defined in 5 CFR 1320.3(c), 

‘‘collection of information’’ comprises 

reporting, recordkeeping, monitoring, 

posting, labeling, and other similar 

actions. The title and description of the 

information collection, a description of 

those who must collect the information, 

and an estimate of the total annual 

burden follow. The estimate covers the 


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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules 57373 

time for reviewing instructions, 

searching existing sources of data, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection. 

Title: Notification to Fire Safety 

Authority of Storage of Explosive 

Materials. 

OMB Control Number: 1140–0071. 

Summary of the Collection of 

Information: This proposed rule amends 

27 CFR 555.201(f) to require annual 

notification to local authorities having 

jurisdiction for fire safety concerning 

the storage of explosive materials. 

Currently, any person who stores 

explosive materials is required at the 

commencement of storage to notify local 

authorities with jurisdiction for fire 

safety with respect to the type of 

explosives, magazine capacity, and 

location of each site where such 

explosive materials are stored. This 

proposed rule would require submission 

of such reports annually thereafter, and 

notification whenever storage is 

discontinued. Any person storing 

explosive materials would be required 

to maintain a copy of the written 

notification for five years from the date 

of notification. 

Need for Information: It is important 

that first responders are aware of 

explosives storage when responding to a 

fire site. Firefighters and other fire 

safety officials generally do not attempt 

to fight a fire that involves a container 

of explosive materials because of the 

potential for an explosion that could 

harm the responders. Knowledge of the 

existence of explosives in such close 

proximity to a fire would typically 

prompt an evacuation of the facility and 

the surrounding area to ensure the 

safety of the first responders and the 

public. 

Proposed Use of Information: To 

provide awareness of the existence of 

explosives in close proximity to a fire so 

that first responders prompt an 

evacuation of the facility and the 

surrounding area to ensure the safety of 

the first responders and the public. 

Description of the Respondents: 

Persons or entities who store explosive 

materials. 

Estimated Number of Respondents: 

9,674. 

Frequency of Response: Once 

annually. 

Burden of Response: 30 minutes. 

We ask for public comment on the 

proposed collection of information to 

help us determine how useful the 

information is, whether it can help the 

various levels of government perform 

their functions better, whether it is 

readily available elsewhere, how 

accurate our estimate of the burden of 

collection is, how valid our methods for 

determining burden are, how we can 

improve the quality, usefulness, and 

clarity of the information, and how we 

can minimize the burden of collection. 

If you submit comments on the 

collection of information, submit them 

both to OMB and to the Docket 

Management Facility where indicated 

under ADDRESSES, by the date set forth 

under DATES. 

You need not respond to a collection 

of information unless it displays a 

currently valid control number from 

OMB. Before the requirements for this 

collection of information become 

effective, we will publish a notice in the 

Federal Register of OMB’s decision to 

approve, modify, or disapprove the 

proposed collection. 

IV. Public Participation 

A. Comments Sought 

ATF requests comments on the 

proposed rule from all interested 

persons. ATF specifically requests 

comments on the clarity of this 

proposed rule and how easy it is to 

understand, as well as comments on the 

costs or benefits of the proposed rule 

and on the appropriate methodology 

and data for calculating those costs and 

benefits. 

In addition, ATF specifically requests 

comments regarding whether a different 

time frame would be more appropriate 

or less burdensome. 

All comments must reference the 

docket number (ATF 2013R–15P) and be 

legible. Commenters must also include 

their complete first and last name and 

contact information. If submitting 

through the Federal eRulemaking portal, 

as described in Section IV.C., 

commenters should carefully review 

and follow the website’s instructions on 

submitting comments. If submitting as 

an individual, any information provided 

for city, state, zip code, and phone will 

not be publicly viewable when the 

comment is published on 

regulations.gov by ATF. If submitting a 

comment by mail, commenters should 

review Section IV.B. ‘‘Confidentiality,’’ 

regarding proper submission of 

personally identifiable information (PII). 

ATF will not consider, or respond to, 

comments that do not meet these 

requirements or comments containing 

profanity. In addition, if ATF cannot 

read your comment due to technical 

difficulties and cannot contact you for 

clarification, ATF may not be able to 

consider your comment. ATF will treat 

all comments as originals and will not 

acknowledge receipt of comments. 

ATF will carefully consider 

comments submitted on or before the 

closing date, and will give comments 

submitted after that date the same 

consideration if it is practical to do so, 

but assurance of consideration cannot 

be given except as to timely comments. 

B. Confidentiality 

ATF will make all comments meeting 

the requirements of this section, 

whether submitted electronically or on 

paper, available for public viewing at 

ATF and on the internet as part of the 

eRulemaking initiative, and subject to 

the Freedom of Information Act (5 

U.S.C. 552), with exceptions for 

confidential information as discussed 

below. Commenters who submit by mail 

and who do not want their name or 

other PII posted on the internet should 

submit comments along with a separate 

cover sheet containing their PII. Both 

the cover sheet and comment must 

reference this docket number (ATF 

2013R–15P). Information contained in 

the cover sheet will not appear on the 

internet. ATF will not redact PII that 

appears within the body of comment, 

and it will appear on the internet. 

Commenters who submit through the 

Federal eRulemaking portal and who do 

not want any of their PII posted on the 

internet should omit such PII from the 

body of their comment or in any 

uploaded attachments. 

The commenter should not include 

material that he or she considers 

inappropriate for disclosure to the 

public. Any person submitting a 

comment shall specifically designate 

that portion (if any) of the comment that 

contains material that is confidential 

under law (e.g., trade secrets, processes). 

The commenter shall set forth any 

portion of a comment that is 

confidential under law on pages 

separate from the balance of the 

comment with each page prominently 

marked ‘‘confidential’’ at the top of the 

page. 

Confidential information will be 

included in the rulemaking record but 

will not be disclosed to the public. Any 

comments containing material that is 

not confidential under law may be 

disclosed to the public. In any event, the 

name of the person submitting a 

comment is not exempt from disclosure. 

C. Submitting Comments 

Submit comments in any of three 

ways (but do not submit the same 

comments multiple times or by more 

than one method). 

• Federal eRulemaking Portal: We 

strongly recommend that you submit 

your comments to ATF via the Federal 

eRulemaking portal. Visit https://

www.regulations.gov and follow the 

instructions for submitting comments. 


lotter on DSK11XQN23PROD with PROPOSALS1
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Comments will be posted within a few 

days of being submitted. However, if 

large volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number provided by https://

www.regulations.gov after you have 

successfully uploaded your comment. 

• Mail: Send written comments to the 

address listed in the ADDRESSES section 

of this document. Written comments 

must appear in minimum 12-point font 

size (.17 inches), include the 

commenter’s complete first and last 

name and full mailing address, and be 

signed. Written comments may be of 

any length. 

D. Request for Hearing 

Any interested person who desires an 

opportunity to comment orally at a 

public hearing should submit his or her 

request, in writing, to the Director of 

ATF within the 90-day comment period. 

The Director, however, reserves the 

right to determine, in light of all 

circumstances, whether a public hearing 

is necessary. 

Disclosure 

Copies of this proposed rule and the 

comments received will be available for 

public inspection through the Federal 

eRulemaking portal, https://

www.regulations.gov, or by appointment 

during normal business hours at the 

ATF Reading Room, Room 1E–062, 99 

New York Avenue NE, Washington, DC 

20226; telephone: (202) 648–8740. 

Drafting Information 

The author of this document is 

Shermaine Kenner, Office of Regulatory 

Affairs, Enforcement Programs and 

Services, Bureau of Alcohol, Tobacco, 

Firearms, and Explosives. 

List of Subjects in 27 CFR Part 555 

Administrative practice and 

procedure, Explosives, Freight, 

Hazardous substances, Imports, 

Penalties, Reporting and recordkeeping 

requirements, Safety, Security measures, 

Seizures and forfeitures, Transportation, 

Warehouses. 

Authority and Issuance 

Accordingly, for the reasons 

discussed in the preamble, the 

Department of Justice proposes to 

amend 27 CFR part 555 as follows: 

PART 555—COMMERCE IN 

EXPLOSIVES 

■ 1. The authority citation for 27 CFR 

part 555 continues to read as follows: 

Authority: 18 U.S.C. 847. 

■ 2. Amend § 555.201, by revising 

paragraph (f) to read as follows: 

§ 555.201 General. 

* * * * * 

(f) Any person who stores explosive 

materials shall notify the authority 

having jurisdiction for fire safety in the 

locality in which the explosive 

materials are being stored of the type of 

explosives, magazine capacity, and 

location of each site where such 

explosive materials are stored. 

Notification shall be made orally before 

the end of the day on which storage of 

the explosive materials commenced, 

and in writing within 48 hours from the 

time such storage commenced. 

Thereafter, written notification shall be 

made once every 12 months following 

the initial notification, but no later than 

the end of the month during which the 

12-month period is completed, unless 

the person is no longer storing explosive 

materials at the relevant site. When a 

person ceases to store explosive 

materials at a site, written notification to 

the authority having jurisdiction for fire 

safety in the locality in which the 

explosive materials were stored shall be 

made within 48 hours of the person 

discontinuing storage. Each written 

notification must also contain the name, 

title, and agency of the fire authority 

official notified and the date of the 

written notification. A copy of each 

written notification must be maintained 

by the person submitting the 

notification for five years from the date 

of notification and made available for 

examination or inspection by an ATF 

officer at all reasonable times. 

Dated: August 11, 2023. 

Merrick B. Garland, 

Attorney General. 

[FR Doc. 2023–18075 Filed 8–22–23; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2023–0510] 

RIN 1625–AA08 

Special Local Regulation; Atlantic 

Intracoastal Waterway, Morehead City, 

NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a special local regulation 

(SLR) for certain navigable waters of the 

Atlantic Intracoastal Waterway (AICW) 

and Beaufort Inlet in Morehead City, 

North Carolina. This SLR, which would 

be enforced annually for one weekend 

each September, would restrict vessel 

traffic on the AICW and Beaufort Inlet 

during high-speed boat races. The 

restriction of vessel traffic movement in 

the SLR is proposed for the purpose of 

protecting participants and spectators 

from the hazards posed by these events. 

Entry of vessels or persons into this 

regulated area would be prohibited 

unless specifically authorized by the 

Captain of the Port (COTP), North 

Carolina or a designated representative. 

We invite your comments on this 

proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 22, 2023. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2023–0510 using the Federal DecisionMaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Petty Officer 

Ken Farah, Waterways Management 

Division, U.S. Coast Guard Sector North 

Carolina, Wilmington, NC; telephone 

910–772–2221, email ncmarineevents@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

SLR Special Local Regulation 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On March 13, 2023, the NC East 

Sports, Inc organization notified the 

Coast Guard that it will be hosting the 

Crystal Coast Grand Prix powerboat race 

in Morehead City, NC. This high speed 

boat race will take place from 10 a.m. 

to 6 p.m. on the waters of the Atlantic 

Intracoastal Waterway (AICW) and 

Beaufort Inlet each year on one 

consecutive Friday, Saturday, and/or 

Sunday in September. It is anticipated 

that approximately 60 high speed 

vessels will be participating. The 

racecourse encompasses approximately 

1.5 square miles and will include all 

navigable waters of the AICW and 


lotter on DSK11XQN23PROD with PROPOSALS1