8374 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

(b) * * * Liquid Type B feeds

containing bambermycins may be used

in the preparation of dry complete

ration Type C feeds.

* * * * *

Dated: February 10, 1997.

Robert C. Livingston,

Director, Office of New Animal Drug

Evaluation, Center for Veterinary Medicine.

[FR Doc. 97–4512 Filed 2–24–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 47 and 55

[T.D. ATF–387]

RIN 1512–AB63

Implementation of Public Law 104–132,

the Antiterrorism and Effective Death

Penalty Act of 1996, Relating to the

Marking of Plastic Explosives for the

Purpose of Detection (96R–029P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Temporary rule (Treasury

decision) and request for comments.

SUMMARY: This temporary rule

implements certain provisions of the

Antiterrorism and Effective Death

Penalty Act of 1996 (Pub. L. 104–132).

These regulations implement the law by

requiring detection agents for plastic

explosives. The temporary rule also

authorizes the use of four specific

detection agents to mark plastic

explosives and provides for the

designation of other detection agents.

The temporary rule will remain in effect

until superseded by final regulations.

In the Proposed Rules section of this

Federal Register, ATF is also issuing a

notice of proposed rulemaking inviting

comments on the temporary rule for a

90-day period following the publication

date of this temporary rule.

DATES: The temporary regulations are

effective April 24, 1997. Comments due

by May 27, 1997.

ADDRESSES: Send written comments to:

Chief, Regulations Branch; Bureau of

Alcohol, Tobacco and Firearms;

Washington, DC 20091–0221.

FOR FURTHER INFORMATION CONTACT:

James P. Ficaretta, Regulations Branch,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue,

NW., Washington, DC 20226 (202–927–

8230).

SUPPLEMENTARY INFORMATION:

Background

Public Law 104–132, 110 Stat. 1214,

the Antiterrorism and Effective Death

Penalty Act of 1996 (hereafter, ‘‘the

Act’’) was enacted on April 24, 1996.

Title VI of the Act, ‘‘Implementation of

Plastic Explosives Convention,’’ added

new requirements to the Federal

explosives laws in 18 U.S.C. Chapter 40.

Section 607 of the Act states that, except

as otherwise provided, the amendments

made by Title VI shall take effect 1 year

after the date of enactment, i.e., on April

24, 1997. The stated purpose of Title VI

is to fully implement the Convention on

the Marking of Plastic Explosives for the

Purpose of Detection, Done at Montreal

on 1 March 1991 (hereafter, ‘‘the

Convention’’).

The Convention represents an

important achievement in international

cooperation in response to the threat

posed to the safety and security of

international civil aviation by virtually

undetectable plastic explosives in the

hands of terrorists. Such explosives

were used in the tragic destruction of

Pan Am flight 103 over Lockerbie,

Scotland, in December 1988, and UTA

flight 772 in September 1989.

In the aftermath of these bombings,

the international community moved to

draft a multilateral treaty to ensure that

plastic explosives would thereafter

contain a chemical marking agent to

render them detectable.

The new statutory provisions and the

regulation changes necessitated by the

law are as follows:

(1) Definitions. Section 602 of the Act

added three definitions to section 841 of

title 18, U.S.C. The term ‘‘Convention

on the Marking of Plastic Explosives’’ is

defined in the law to mean the

Convention on the Marking of Plastic

Explosives for the Purpose of Detection,

Done at Montreal on 1 March 1991.

The term ‘‘detection agent’’ is defined

as any one of the following substances

when introduced into a plastic

explosive or formulated in such

explosive as a part of the manufacturing

process in such a manner as to achieve

homogeneous distribution in the

finished explosive:

(1) Ethylene glycol dinitrate (EGDN),

C2H4(NO3)2, molecular weight 152,

when the minimum concentration in the

finished explosive is 0.2 percent by

mass;

(2) 2,3–Dimethyl-2,3-dinitrobutane

(DMNB), C6H12(NO2)2, molecular weight

176, when the minimum concentration

in the finished explosive is 0.1 percent

by mass;

(3) Para-Mononitrotoluene (p-MNT),

C7H7NO2, molecular weight 137, when

the minimum concentration in the

finished explosive is 0.5 percent by

mass;

(4) Ortho-Mononitrotoluene (o-MNT),

C7H77NO2, molecular weight 137, when

the minimum concentration in the

finished explosive is 0.5 percent by

mass; and

(5) any other substance added by the

Secretary of the Treasury by regulation,

after consultation with the Secretary of

State and the Secretary of Defense.

Permitting the Secretary to designate

detection agents other than the four

listed in the statute would facilitate the

use of other substances without the

need for legislation. However, as

specified in the law, only those

substances which have been added to

the table in Part 2 of the Technical

Annex to the Convention on the

Marking of Plastic Explosives may be

designated as approved detection

agents. ATF would have no authority to

issue a regulation adding to the list of

approved detection agents until the

Technical Annex has been so modified.

The last term added to section 841 of

title 18, U.S.C., ‘‘plastic explosive,’’ is

defined as an explosive material in

flexible or elastic sheet form formulated

with one or more high explosives which

in their pure form has a vapor pressure

less than 10–4 Pa at a temperature of 25

°C, is formulated with a binder material,

and is as a mixture malleable or flexible

at normal room temperature. Pursuant

to Part I of the Technical Annex to the

Convention, high explosives include,

but are not restricted to,

cyclotetramethylenetetranitramine

(HMX), pentaerythritol tetranitrate

(PETN), and

cyclotrimethylenetrinitramine (RDX).

The above changes to the regulations

are prescribed in § 55.180.

(2) Requirement of Detection Agents

for Plastic Explosives. The Act amended

the Federal explosives laws in 18 U.S.C.

Chapter 40 by adding new subsections

(l)–(o) to section 842. Section 842(l)

makes it unlawful for any person to

manufacture any plastic explosive that

does not contain a detection agent.

Section 842(m) makes it unlawful for

any person to import or bring into the

U.S. or export from the U.S. any plastic

explosive that does not contain a

detection agent. The provisions of this

section do not apply to the importation

or bringing into the U.S. or the

exportation from the U.S. of any plastic

explosive that was imported or brought

into or manufactured in the U.S. prior

to the date of enactment of the Act by

or on behalf of any agency of the U.S.

performing military or police functions

(including any military reserve

component) or by or on behalf of the
Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations 8375

National Guard of any State, not later

than 15 years after the Convention

enters into force with respect to the U.S.

Pursuant to Article XIII of the

Convention, the Convention will enter

into force on the sixtieth day following

the date of deposit of the thirty-fifth

instrument of ratification, acceptance,

approval or accession with the

Depositary, i.e., the International Civil

Aviation Organization, provided that no

fewer than five such States (nations)

have declared that they are producer

States. (A ‘‘producer State’’ means any

State in whose territory explosives are

manufactured.) Should thirty-five such

instruments be deposited prior to the

deposit of their instruments by five

producer States, the Convention will

enter into force on the sixtieth day

following the date of deposit of the

instrument of ratification, acceptance,

approval or accession of the fifth

producer State. For other States, the

Convention will enter into force sixty

days following the date of deposit of

their instruments of ratification,

acceptance, approval or accession.

Section 842(n) provides that it is

unlawful for any person to ship,

transport, transfer, receive, or possess

any plastic explosive that does not

contain a detection agent. Exceptions to

the prohibitions are provided for any

plastic explosive that was imported or

brought into, or manufactured in the

U.S. prior to the date of enactment of

the Act by any person during the period

beginning on that date, i.e., April 24,

1996, and ending 3 years after that date,

i.e., April 24, 1999. Exceptions to the

prohibitions are also provided for any

plastic explosive that was imported or

brought into, or manufactured in the

U.S. prior to the date of enactment of

the Act by or on behalf of any agency

of the U.S. performing a military or

police function (including any military

reserve component) or by or on behalf

of the National Guard of any State, not

later than 15 years after the date of entry

into force of the Convention on the

marking of Plastic Explosives with

respect to the U.S.

The above changes to the regulations

are prescribed in § 55.180.

Section 842(o) provides that any

person, other than an agency of the U.S.

(including any military reserve

component) or the National Guard of

any State, possessing any plastic

explosive on the date of enactment,

shall report to the Secretary within 120

days after the date of enactment the

quantity of such explosives possessed,

the manufacturer or importer, any marks

of identification on such explosives, and

such other information as the Secretary

may prescribe by regulation.

Regulations implementing this

provision of the Act were prescribed in

T.D. ATF–382, published in the Federal

Register on July 23, 1996 (61 FR 38084).

However, a technical amendment is

being made to § 55.181 to include the

control number assigned by the Office of

Management and Budget (OMB).

(3) Criminal Sanctions. The Act

amended section 844(a) of title 18,

U.S.C., by providing that any person

who violates any of the provisions of

section 842(l)–(o) shall be fined under

title 18, imprisoned for not more than

10 years, or both. Changes to the

regulations in § 55.185 have been made

to implement this provision of the law.

(4) Exceptions. The Act amended 18

U.S.C. § 845(a) to provide that the

exemptions from the requirements of 18

U.S.C. Chapter 40 that apply to

governmental entities and other

specified uses of explosives do not

apply to section 842(l)–(o). Changes to

the regulations in § 55.141(a) have been

made to implement this provision of the

law.

The Act also made a technical

amendment to 18 U.S.C. § 845(a)(1) to

clarify the current exemption from the

requirements of 18 U.S.C. Chapter 40 for

aspects of the transportation of

explosives regulated by the U.S.

Department of Transportation. The

amendment makes it clear that the

exemption applies only to those aspects

of the transportation related to safety.

Changes to the regulations in

§ 55.141(a)(1) have been made to

implement this change in the law.

The Act also amended section 845 of

title 18, U.S.C., by adding a new

subsection (c). This amendment

provides that it is an affirmative defense

against any proceeding involving

section 842(l)–(o) of title 18, U.S.C., if

the proponent proves by a

preponderance of the evidence that the

plastic explosive—

(1) Consisted of a small amount of

plastic explosive intended for and

utilized solely in lawful—

(a) research, development, or testing

of new or modified explosive materials;

(b) training in explosives detection or

development or testing of explosives

detection equipment; or

(c) forensic science purposes; or

(2) was plastic explosive that, within

3 years after the date of enactment of the

Act, will be or is incorporated in a

military device within the territory of

the U.S. and remains an integral part of

such military device, or is intended to

be, or is incorporated in, and remains an

integral part of a military device that is

intended to become, or has become, the

property of any agency of the U.S.

performing military or police functions

(including any military reserve

component) or the National Guard of

any State, wherever such device is

located.

As defined in the Act, the term

‘‘military device’’ includes, but is not

restricted to, shells, bombs, projectiles,

mines, missiles, rockets, shaped

charges, grenades, perforators, and

similar devices lawfully manufactured

exclusively for military or police

purposes.

The affirmative defenses provided in

the law could be asserted in a criminal

case, a judicial forfeiture case, or an

administrative license or permit denial

or revocation.

Changes to the regulations in § 55.182

have been made to implement the

provisions of section 845(c) of title 18,

U.S.C.

(5) Seizure and Forfeiture of Plastic

Explosives. The Act amended section

596(c)(1) of the Tariff Act of 1930, 19

U.S.C. 1595a(c)(1), to provide for the

seizure or forfeiture of plastic explosive

that does not contain a detection agent

that is introduced or attempted to be

introduced into the U.S. Changes to the

regulations in § 55.186 have been made

to implement this provision of the law.

Miscellaneous. In order to fully

implement the provisions of the Act,

regulations are prescribed in § 55.184

which authorize the Director to request

from licensed manufacturers and

licensed importers accurate and

complete statements of process with

regard to any plastic explosive or any

detection agent that is to be introduced

into a plastic explosive or formulated in

such explosive. The regulations also

give ATF the authority to require

samples of any plastic explosive or

detection agent from such licensees.

As stated in Article III of the

Convention, ‘‘[e]ach State Party shall

take the necessary and effective

measures to prohibit and prevent the

movement into or out of its territory of

unmarked (plastic) explosives’’ so as to

prevent their diversion or use for

purposes inconsistent with the

Convention. In order to comply with the

objectives of the Convention,

regulations are prescribed in § 55.183

which require persons filing Form 6

applications for importation of plastic

explosives on or after April 24, 1997, to

attach to the application a statement

certifying that the plastic explosive to be

imported contains a detection agent or

is a ‘‘small amount’’ to be used for

research, training, or testing purposes

and is exempt from the detection agent

requirement.

Finally, this Treasury decision also

makes certain technical amendments

and conforming changes to the
8376 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

regulations in Part 55. For example,

sections 55.49, 55.52, and 55.55 are

being amended to remove the reference

to § 55.182. Section 55.182, Classes of

explosive materials, was replaced by

§ 55.202 pursuant to T.D. ATF–87

(August 7, 1981; 46 FR 40382).

Executive Order 12866

It has been determined that this

temporary rule is not a significant

regulatory action as defined in E.O.

12866, because the economic effects

flow directly from the underlying

statute and not from this temporary rule.

Therefore, a regulatory assessment is not

required.

Administrative Procedure Act

Because this document merely

implements the law and because

immediate guidance is necessary to

implement the provisions of the law, it

is found to be impracticable to issue this

Treasury decision with notice and

public procedure under 5 U.S.C. 553(b),

or subject to the effective date limitation

in section 553(d).

Regulatory Flexibility Act

The provisions of the Regulatory

Flexibility Act relating to an initial and

final regulatory flexibility analysis (5

U.S.C. 604) are not applicable to this

temporary rule because the agency was

not required to publish a notice of

proposed rulemaking under 5 U.S.C.

553 or any other law. Accordingly, a

regulatory flexibility analysis is not

required.

Paperwork Reduction Act

This regulation is being issued

without prior notice and public

procedure pursuant to the

Administrative Procedure Act (5 U.S.C.

553). For this reason, the collection of

information contained in this regulation

has been reviewed under the

requirements of the Paperwork

Reduction Act (44 U.S.C. 3507(j)) and,

pending receipt and evaluation of

public comments, approved by the

Office of Management and Budget

(OMB) under control number 1512–

0539. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a valid control

number assigned by the Office of

Management and Budget.

The collection of information in this

regulation is in section 27 CFR

55.184(a). This information is required

to ensure compliance with the

provisions of Public Law 104–132. This

information will be used to ensure that

plastic explosives contain a detection

agent as required by law. The collection

of information is mandatory. The likely

respondents are individuals and

businesses.

For further information concerning

this collection of information, and

where to submit comments on the

collection of information, refer to the

preamble to the cross-referenced notice

of proposed rulemaking published

elsewhere in this issue of the Federal

Register.

Drafting Information

The author of this document is James

P. Ficaretta, Regulations Branch, Bureau

of Alcohol, Tobacco and Firearms.

List of Subjects

27 CFR Part 47

Administrative practice and

procedure, Arms controls, Arms and

munitions, Authority delegation,

Chemicals, Customs duties and

inspection, Imports, Penalties,

Reporting and recordkeeping

requirements, Scientific equipment,

Seizures and forfeitures.

27 CFR Part 55

Administrative practice and

procedure, Authority delegations,

Customs duties and inspection,

Explosives, Hazardous materials,

Imports, Penalties, Reporting and

recordkeeping requirements, Safety,

Security measures, Seizures and

forfeitures, Transportation, Warehouses.

Authority and Issuance

Accordingly, 27 CFR Parts 47 and 55

are amended as follows:

PART 47—IMPORTATION OF ARMS,

AMMUNITION AND IMPLEMENTS OF

WAR

1. The authority citation for 27 CFR

Part 47 continues to read as follows:

Authority: 22 U.S.C. 2778.

2. Section 47.42 is amended by

designating the existing paragraph as

paragraph (a) and by adding a new

paragraph (b) to read as follows:

§ 47.42 Application for permit.

* * * * *

(b) For additional requirements

relating to the importation of plastic

explosives into the United States on or

after April 24, 1997, see § 55.183 of this

title.

PART 55—COMMERCE IN

EXPLOSIVES

3. The authority citation for 27 CFR

Part 55 is revised to read as follows:

Authority: 18 U.S.C. 847.

4. Section 55.1 is amended by revising

paragraph (a), by removing the word

‘‘of’’ in paragraph (b)(1) and adding in

its place the word ‘‘or’’, by removing the

word ‘‘and’’ at the end of paragraph

(b)(7), by removing the period at the end

of paragraph (b)(8) and adding in its

place ‘‘; and’’, and by adding new

paragraph (b)(9) to read as follows:

§ 55.1 Scope of regulations.

(a) In general. The regulations

contained in this part relate to

commerce in explosives and implement

Title XI, Regulation of Explosives (18

U.S.C. Chapter 40; 84 Stat. 952), of the

Organized Crime Control Act of 1970

(84 Stat. 922), Public Law 103–322 (108

Stat. 1796), and Public Law 104–132

(110 Stat. 1214).

(b) * * *

(9) The marking of plastic explosives.

§ 55.11 [Amended]

5. Section 55.11 is amended by

removing the definition for ‘‘plastic

explosive.’’

6. Section 55.26 is amended by

adding paragraph (d) to read as follows:

§ 55.26 Prohibited shipment,

transportation, receipt, possession, or

distribution of explosive materials.

* * * * *

(d) See § 55.180 for regulations

concerning the prohibited manufacture,

importation, exportation, shipment,

transportation, receipt, transfer, or

possession of plastic explosives that do

not contain a detection agent.

§ 55.49 [Amended]

7. Section 55.49(b)(6) is amended by

removing ‘‘§ 55.182 or’’.

§ 55.52 [Amended]

8. Section 55.52 is amended by

removing ‘‘§ 55.182 or’’ in paragraphs

(a) and (b).

§ 55.55 [Amended]

9. Section 55.55 is amended by

removing ‘‘§ 55.182 or’’ in the first

sentence.

§ 55.108 [Amended]

10. Section 55.108 is amended by

adding a new paragraph (d) to read as

follows:

§ 55.108 Importation.

* * * * *

(d) For additional requirements

relating to the importation of plastic

explosives into the United States on or

after April 24, 1997, see § 55.183.

11. Section 55.129 is amended by

adding a sentence at the end of the

section to read as follows:
Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations 8377

§ 55.129 Exportation.

* * * See § 55.180 for regulations

concerning the exportation of plastic

explosives.

12. Section 55.141 is amended by

revising the introductory text of

paragraph (a) and by revising paragraph

(a)(1) to read as follows:

§ 55.141 Exemptions.

(a) General. Except for the provisions

of §§ 55.180 and 55.181, this part does

not apply to:

(1) Any aspect of the transportation of

explosive materials via railroad, water,

highway, or air which is regulated by

the U.S. Department of Transportation

and its agencies, and which pertains to

safety.

* * * * *

13. Section 55.180 is added to Subpart

J to read as follows:

§ 55.180 Prohibitions relating to unmarked

plastic explosives.

(a) No person shall manufacture any

plastic explosive that does not contain

a detection agent.

(b) No person shall import or bring

into the United States, or export from

the United States, any plastic explosive

that does not contain a detection agent.

This paragraph does not apply to the

importation or bringing into the United

States, or the exportation from the

United States, of any plastic explosive

that was imported or brought into, or

manufactured in the United States prior

to April 24, 1996, by or on behalf of any

agency of the United States performing

military or police functions (including

any military reserve component) or by

or on behalf of the National Guard of

any State, not later than 15 years after

the date of entry into force of the

Convention on the Marking of Plastic

Explosives with respect to the United

States.

(c) No person shall ship, transport,

transfer, receive, or possess any plastic

explosive that does not contain a

detection agent. This paragraph does not

apply to:

(1) The shipment, transportation,

transfer, receipt, or possession of any

plastic explosive that was imported or

brought into, or manufactured in the

United States prior to April 24, 1996, by

any person during the period beginning

on that date and ending on April 24,

1999; or

(2) The shipment, transportation,

transfer, receipt, or possession of any

plastic explosive that was imported or

brought into, or manufactured in the

United States prior to April 24, 1996, by

or on behalf of any agency of the United

States performing a military or police

function (including any military reserve

component) or by or on behalf of the

National Guard of any State, not later

than 15 years after the date of entry into

force of the Convention on the Marking

of Plastic Explosives with respect to the

United States.

(d) When used in this subpart, terms

are defined as follows:

(1) Convention on the Marking of

Plastic Explosives means the

Convention on the Marking of Plastic

Explosives for the Purposes of

Detection, Done at Montreal on 1 March

1991.

(2) Date of entry into force of the

Convention on the Marking of Plastic

Explosives means that date on which

the Convention enters into force with

respect to the U.S. in accordance with

the provisions of Article XIII of the

Convention on the Marking of Plastic

Explosives.

(3) Detection agent means any one of

the substances specified in this

paragraph when introduced into a

plastic explosive or formulated in such

explosive as a part of the manufacturing

process in such a manner as to achieve

homogeneous distribution in the

finished explosive, including—

(i) Ethylene glycol dinitrate (EGDN),

C2H4(NO3)2, molecular weight 152,

when the minimum concentration in the

finished explosive is 0.2 percent by

mass;

(ii) 2,3-Dimethyl-2,3-dinitrobutane

(DMNB), C6H12(NO2)2, molecular weight

176, when the minimum concentration

in the finished explosive is 0.1 percent

by mass;

(iii) Para-Mononitrotoluene (p-MNT),

C7H7NO2, molecular weight 137, when

the minimum concentration in the

finished explosive is 0.5 percent by

mass;

(iv) Ortho-Mononitrotoluene (o-MNT),

C7H7NO2, molecular weight 137, when

the minimum concentration in the

finished explosive is 0.5 percent by

mass; and

(v) Any other substance in the

concentration specified by the Director,

after consultation with the Secretary of

State and Secretary of Defense, that has

been added to the table in Part 2 of the

Technical Annex to the Convention on

the Marking of Plastic Explosives.

(4) Plastic explosive means an

explosive material in flexible or elastic

sheet form formulated with one or more

high explosives which in their pure

form has a vapor pressure less than

10¥4 Pa at a temperature of 25 °C, is

formulated with a binder material, and

is as a mixture malleable or flexible at

normal room temperature. High

explosives, as defined in § 55.202(a), are

explosive materials which can be

caused to detonate by means of a

blasting cap when unconfined.

14. Section 55.181 is amended by

adding a parenthetical text at the end of

the section to read as follows:

§ 55.181 Reporting of plastic explosives.

* * * * *

(Approved by the Office of Management and

Budget under control number 1512–0535)

15. Sections 55.182 through 55.186

are added to Subpart J to read as

follows:

§ 55.182 Exceptions.

It is an affirmative defense against any

proceeding involving §§ 55.180 and

55.181 if the proponent proves by a

preponderance of the evidence that the

plastic explosive—

(a) Consisted of a small amount of

plastic explosive intended for and

utilized solely in lawful—

(1) Research, development, or testing

of new or modified explosive materials;

(2) Training in explosives detection or

development or testing of explosives

detection equipment; or

(3) Forensic science purposes; or

(b) Was plastic explosive that, by

April 24, 1999, will be or is

incorporated in a military device within

the territory of the United States and

remains an integral part of such military

device, or is intended to be, or is

incorporated in, and remains an integral

part of a military device that is intended

to become, or has become, the property

of any agency of the United States

performing military or police functions

(including any military reserve

component) or the National Guard of

any State, wherever such device is

located. For purposes of this paragraph,

the term ‘‘military device’’ includes, but

is not restricted to, shells, bombs,

projectiles, mines, missiles, rockets,

shaped charges, grenades, perforators,

and similar devices lawfully

manufactured exclusively for military or

police purposes.

§ 55.183 Importation of plastic explosives

on or after April 24, 1997.

Persons filing Form 6 applications for

the importation of plastic explosives on

or after April 24, 1997, shall attach to

the application the following written

statement, prepared in triplicate,

executed under the penalties of perjury:

(a) ‘‘I declare under the penalties of

perjury that the plastic explosive to be

imported contains a detection agent as

required by 27 CFR 55.180(b)’’; or

(b) ‘‘I declare under the penalties of

perjury that the plastic explosive to be

imported is a ‘‘small amount’’ to be used

for research, training, or testing

purposes and is exempt from the
8378 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

detection agent requirement pursuant to

27 CFR 55.182.’’

§ 55.184 Statements of process and

samples.

(a) A complete and accurate statement

of process with regard to any plastic

explosive or to any detection agent that

is to be introduced into a plastic

explosive or formulated in such plastic

explosive shall be submitted by a

licensed manufacturer or licensed

importer, upon request, to the Director.

(b) Samples of any plastic explosive

or detection agent shall be submitted by

a licensed manufacturer or licensed

importer, upon request, to the Director.

(Paragraph (a) approved by the Office of

Management and Budget under control

number 1512–0539)

§ 55.185 Criminal sanctions.

Any person who violates the

provisions of 18 U.S.C. 842(l)–(o) shall

be fined under title 18, U.S.C.,

imprisoned for not more than 10 years,

or both.

§ 55.186 Seizure or forfeiture.

Any plastic explosive that does not

contain a detection agent in violation of

18 U.S.C. 842(l)–(n) is subject to seizure

and forfeiture, and all provisions of 19

U.S.C. 1595a, relating to seizure,

forfeiture, and disposition of

merchandise introduced or attempted to

be introduced into the U.S. contrary to

law, shall extend to seizures and

forfeitures under this subpart. See

§ 72.27 of this chapter for regulations on

summary destruction of plastic

explosives that do not contain a

detection agent.

Dated: December 3, 1996.

John W. Magaw,

Director.

Approved: January 3, 1997.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary

(Regulatory, Tariff and Trade Enforcement).

[FR Doc. 97–4559 Filed 2–24–97; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 220

Third Party Collection Program

AGENCY: Office of the Secretary of

Defense, DoD.

ACTION: Final rule; correction.

SUMMARY: On January 30, 1997, the

Department of Defense published a final

rule (62 FR 4458) to remove 32 CFR part

220. The removal of part 220 was made

due to an administrative error and

should not have been removed. This

document is published to correct the

removal and reinstate part 220.

EFFECTIVE DATE: This correction is

effective January 30, 1997.

SUPPLEMENTARY INFORMATION: All

previous publications and amendments

to part 220 remain effective. The last

amendment to part 220 was published

on January 7, 1997 (62 FR 941) which

amended § 220.8(k)(2). No other

adjustments or amendments or changes

are effective as of February 19, 1997.

PART 220—COLLECTION FROM

THIRD PARTY PAYERS OF

REASONABLE COSTS OF

HEALTHCARE SERVICES

For reasons set forth in the preamble,

32 CFR part 220 is reinstated as it

appeared in the 32 CFR Chapter 1, July

1, 1996 edition, and amended at 62 FR

941, January 7, 1997.

Dated: February 19, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–4366 Filed 2–24–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100 and 165

[CGD 97–010]

Safety Zones, Security Zones, and

Special Local Regulations

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary rules

issued.

SUMMARY: This document provides

required notice of substantive rules

adopted by the Coast Guard and

temporarily effective between July 4,

1996 and December 31, 1996, which

were not published in the Federal

Register. This quarterly notice lists

temporary local regulations, security

zones, and safety zones, which were of

limited duration and for which timely

publication in the Federal Register was

not possible.

DATES: This notice lists temporary Coast

Guard regulations that became effective

and were terminated between July 4,

1996 and December 31, 1996, as well as

several regulations which were not

included in the previous quarterly list.

ADDRESSES: The complete text of these

temporary regulations may be examined

at, and is available on request, from

Executive Secretary, Marine Safety

Council (G–LRA), U.S. Coast Guard

Headquarters, 2100 Second Street, SW.,

Washington, DC 20593–0001.

FOR FURTHER INFORMATION CONTACT:

Commander Stephen J. Darmody,

Executive Secretary, Marine Safety

Council at (202) 267–1477 between the

hours of 8 a.m. and 3 p.m., Monday

through Friday.

SUPPLEMENTARY INFORMATION: District

Commanders and Captains of the Port

(COTP) must be immediately responsive

to the safety needs of the waters within

their jurisdiction; therefore, District

Commanders and COTPs have been

delegated the authority to issue certain

local regulations. Safety zones may be

established for safety or environmental

purposes. A safety zone may be

stationary and described by fixed limits

or it may be described as a zone around

a vessel in motion. Security zones limit

access to vessels, ports, or waterfront

facilities to prevent injury or damage.

Special local regulations are issued to

enhance the safety of participants and

spectators at regattas and other marine

events. Timely publication of these

regulations in the Federal Register is

often precluded when a regulation

responds to an emergency, or when an

event occurs without sufficient advance

notice. However, the affected public is

informed of these regulations through

Local Notices to Mariners, press

releases, and other means. Moreover,

actual notification is provided by Coast

Guard patrol vessels enforcing the

restrictions imposed by the regulation.

Because mariners are notified by Coast

Guard officials on-scene prior to

enforcement action, Federal Register

notice is not required to place the

special local regulation, security zone,

or safety zone in effect. However, the

Coast Guard, by law, must publish in

the Federal Register notice of

substantive rules adopted. To discharge

this legal obligation without imposing

undue expense on the public, the Coast

Guard periodically publishes a list of

these temporary special local

regulations, security zones, and safety

zones. Permanent regulations are not

included in this list because they are

published in their entirety in the

Federal Register. Temporary regulations

may also be published in their entirety

if sufficient time is available to do so

before they are placed in effect or

terminated. These safety zones, special

local regulations and security zones

have been exempted from review under

E.O. 12866 because of their emergency

nature, or limited scope and temporary

effectiveness.