[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Rules and Regulations]
[Pages 8374-8378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4559]


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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.

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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remain in effect until superseded by final regulations.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), 
C<INF>2H<INF>4(NO<INF>3)<INF>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), 
C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, when the minimum 
concentration in the finished explosive is 0.1 percent by mass;
    (3) Para-Mononitrotoluene (p-MNT), C<INF>7H<INF>7NO<INF>2, 
molecular weight 137, when the minimum concentration in the finished 
explosive is 0.5 percent by mass;
    (4) Ortho-Mononitrotoluene (o-MNT), C<INF>7H<INF>77NO<INF>2, 
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-<SUP>4 Pa at a temperature 
of 25  deg.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 Sec. 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

[[Page 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 Sec. 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 
Sec. 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 Sec. 55.185 
have been made to implement this provision of the law.
    (4) Exceptions. The Act amended 18 U.S.C. Sec. 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 
Sec. 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. Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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

[[Page 8376]]

regulations in Part 55. For example, sections 55.49, 55.52, and 55.55 
are being amended to remove the reference to Sec. 55.182. Section 
55.182, Classes of explosive materials, was replaced by Sec. 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:


Sec. 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 Sec. 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:


Sec. 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.


Sec. 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:


Sec. 55.26   Prohibited shipment, transportation, receipt, possession, 
or distribution of explosive materials.

* * * * *
    (d) See Sec. 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.


Sec. 55.49   [Amended]

    7. Section 55.49(b)(6) is amended by removing ``Sec. 55.182 or''.


Sec. 55.52   [Amended]

    8. Section 55.52 is amended by removing ``Sec. 55.182 or'' in 
paragraphs (a) and (b).


Sec. 55.55   [Amended]

    9. Section 55.55 is amended by removing ``Sec. 55.182 or'' in the 
first sentence.


Sec. 55.108   [Amended]

    10. Section 55.108 is amended by adding a new paragraph (d) to read 
as follows:


Sec. 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 Sec. 55.183.
    11. Section 55.129 is amended by adding a sentence at the end of 
the section to read as follows:

[[Page 8377]]

Sec. 55.129   Exportation.

    * * * See Sec. 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:


Sec. 55.141   Exemptions.

    (a) General. Except for the provisions of Secs. 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:


Sec. 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), 
C<INF>2H<INF>4(NO<INF>3)<INF>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), 
C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, when the minimum 
concentration in the finished explosive is 0.1 percent by mass;
    (iii) Para-Mononitrotoluene (p-MNT), C<INF>7H<INF>7NO<INF>2, 
molecular weight 137, when the minimum concentration in the finished 
explosive is 0.5 percent by mass;
    (iv) Ortho-Mononitrotoluene (o-MNT), C<INF>7H<INF>7NO<INF>2, 
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  deg.C, is formulated with a binder material, and is 
as a mixture malleable or flexible at normal room temperature. High 
explosives, as defined in Sec. 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:


Sec. 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:


Sec. 55.182   Exceptions.

    It is an affirmative defense against any proceeding involving 
Secs. 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.


Sec. 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

[[Page 8378]]

detection agent requirement pursuant to 27 CFR 55.182.''


Sec. 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)

Sec. 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.


Sec. 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 Sec. 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