Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules 67669

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 55

[Notice No. 906]

RIN 1512–AC25

Identification Markings Placed on

Imported Explosive Materials (2000R–

238P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Bureau of Alcohol,

Tobacco and Firearms (ATF) is

considering amending the regulations to

require licensed importers to legibly

identify by marking all imported

explosive materials. Based on a petition

we have received, we wish to gather

information by inviting comments from

the public and industry whether the

regulations should be amended.

DATES: Comments must be received on

or before January 12, 2001.

ADDRESSES: Send written comments to:

Chief, Regulations Division; Bureau of

Alcohol, Tobacco and Firearms; P.O.

Box 50221; Washington, DC 20091–

0221; ATTN: Notice No. 906. Written

comments must be signed. Submit email comments to:

nprm@atfhq.atf.treas.gov. E-mail

comments must contain your name,

mailing address, and e-mail address.

They must also reference this notice

number and be legible when printed on

not more than three pages 81⁄2′′ × 11′′ in

size. We will treat e-mail as originals

and we will not acknowledge receipt of

e-mail. See the Public Participation

section of this document for alternative

means of submitting written comments.

FOR FURTHER INFORMATION CONTACT:

James P. Ficaretta, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue,

NW., Washington, DC 20226 (202–927–

8210).

SUPPLEMENTARY INFORMATION:

Background

The Bureau of Alcohol, Tobacco and

Firearms (ATF) is responsible for

implementing Title XI, Regulation of

Explosives (18 U.S.C. Chapter 40), of the

Organized Crime Control Act of 1970.

One of the stated purposes of the Act is

to reduce the hazards to persons and

property arising from the misuse of

explosive materials. Under section 847

of title 18, United States Code, the

Secretary of the Treasury ‘‘may

prescribe such rules and regulations as

he deems reasonably necessary to carry

out the provisions of this chapter.’’

Regulations that implement the

provisions of chapter 40 are contained

in title 27, Code of Federal Regulations

(CFR), part 55.

Section 55.109 requires licensed

manufacturers of explosive materials to

legibly identify by marking all explosive

materials manufactured for sale or

distribution. The term ‘‘explosive

materials,’’ as defined in section 55.11,

means explosives, blasting agents, water

gels and detonators. The term includes,

but is not limited to, all items in the

‘‘List of Explosive Materials’’ provided

for in section 55.23. Section 55.202

provides that there are three classes of

explosive materials: (1) high explosives

(e.g., dynamite, flash powders, and bulk

salutes), (2) low explosives (e.g., black

powder, safety fuses, igniters, igniter

cords, fuse lighters, and display

fireworks (except bulk salutes)), and (3)

blasting agents (e.g., ammonium nitratefuel oil and certain water-gels).

The marks required by section 55.109

include the identity of the manufacturer

and the location, date, and shift of

manufacture. This section also provides

that licensed manufacturers must place

the required marks on each cartridge,

bag, or other immediate container of

explosive materials for sale or

distribution, as well as on the outside

container, if any, used for their

packaging.

Exceptions to the marking

requirements are provided in section

55.109(b). Licensed manufacturers of

blasting caps are only required to place

the required identification marks on the

containers used for the packaging of

blasting caps. In addition, the Director

may authorize other means of

identifying explosive materials upon

receipt of a letter application from the

licensed manufacturer showing that

other identification is reasonable and

will not hinder the effective

administration of part 55. Finally,

section 55.109(b) provides that the

Director may authorize the use of other

means of identification on fireworks

instead of the required markings

specified above.

Petition

The Institute of Makers of Explosives

(IME) filed a petition with ATF, dated

March 7, 2000, requesting an

amendment of the regulations to require

licensed importers to place the same

identification marks on imported

explosive materials that are currently

required for explosive materials

manufactured in the United States. As

stated in the petition, the IME is the

safety association of the commercial

explosives industry. Its mission is to

promote safety and the protection of

employees, users, the public and the

environment, and to encourage the

adoption of uniform rules and

regulations in the manufacture,

transportation, storage, handling, use,

and disposal of explosive materials used

in blasting and other essential

operations.

According to the petitioner, the

commerce of explosives is a global

enterprise and it expects the quantity of

imports to increase over time. For

example, the petitioner states that

between 1994 and 1997, imports of cast

boosters (high explosives) increased 14-

fold to account for approximately 17

percent of all high explosives used

annually in the U.S. The IME further

states that while unmarked high

explosives may have entered the United

States over the years, it was not until

last year that the association became

aware of significant quantities of

unmarked high explosives being

imported into the country. The IME

contends that by the end of 1999 about

two million unmarked units had been

distributed in the United States. The

petitioner further states that many more

thousands of tons of these high

explosives are expected to be imported

into the U.S. in the near future. Without

a change in the regulations, the IME is

concerned that these explosives will be

entered into commerce in the U.S.

without marks of identification, posing

significant safety and security risks to

the public. Although the IME has

informed ATF that many of its member

companies importing explosives into

the U.S. mark their imported explosive

materials in an effort to ensure

traceability and accountability of the

materials, it believes that all imported

explosive materials should be

appropriately identified. Therefore, it

petitioned that the Federal explosives

regulations be amended.

By letter dated August 2, 2000, the

IME amended its petition to narrow the

scope to importers of high explosives

and blasting agents. The IME stated that

it did not understand that the scope of

its initial petition would apply to

importers of products other than high

explosives and blasting agents, i.e., low

explosives. The IME noted that it has a

specific standard that high explosives

and blasting agents be marked with a

date/plant/shift code.

Discussion

In an effort to protect the public from

the misuse of explosive materials, ATF

generally requires that explosives

67670 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules

manufacturers mark all explosive

materials manufactured with specific

information, including the name of

manufacturer, and the location, date,

and shift of manufacture. Generally,

licensees and permittees must record

the manufacturer’s marks of

identification on all explosives they

receive. These requirements help ensure

that explosive materials can be

effectively traced for criminal

enforcement purposes, i.e., the

explosives can be tracked through the

records kept by licensees and

permittees. This process often provides

valuable information in explosion and

bombing investigations and is useful for

inspection purposes in verifying

inventory and proper conduct of

business practices. However, the

regulations do not require that imported

explosive materials be marked.

Therefore, we are requesting

information and comments from

interested persons on the desirability

and feasibility of marking imported

explosive materials.

Although ATF is soliciting comments

on the following specific questions, we

are also requesting any relevant

information on the subject. 1. Should

explosive materials imported into the

United States contain identification

markings?

2. Should all imported explosive

materials be marked, or should certain

classes of explosive materials, such as

low explosives, be exempt? If you

believe certain classes of explosives

should be exempt from marking, please

provide the reason(s) why such an

exemption is consistent with public

safety.

3. What identification marks, if any,

are currently being placed on imported

explosive materials?

4. What information should appear on

imported explosive materials? ATF

believes that the name and address of

the importer, the name of the country in

which the explosive materials were

manufactured, and the date that the

explosive materials were manufactured

would be sufficient.

5. Assuming that any required

identification marks must be placed on

each cartridge, bag, or other immediate

container of explosive materials that are

imported, as well as on any outside

container used for their packaging, is it

feasible for a U.S. importer to place the

required marks on foreign explosive

materials?

6. How many importers would be

affected by a requirement to place

identification markings on foreign

explosive materials?

7. Of those importers that would be

affected by such a requirement, how

many would be considered a ‘‘small

business concern’’ as provided in the

Small Business Act (15 U.S.C. 631, et

seq.)?

8. What would be the cost burden

imposed on importers for purchasing or

leasing equipment for marking foreign

explosive materials, including

installation and operation?

9. What would the cost be for

importers to contract with a foreign

manufacturer to place the required

marks on explosive materials on behalf

of the importer?

Executive Order 12866

It has been determined that this

advance notice is not a significant

regulatory action as defined by

Executive Order 12866. Accordingly,

this advance notice is not subject to the

analysis required by this Executive

Order.

Public Participation

We are requesting comments on the

petition from all interested persons. We

are specifically requesting comments on

the clarity of this advance notice and

how it may be made easier to

understand.

Comments received on or before the

closing date will be carefully

considered. Comments received after

that date will be given the same

consideration if it is practical to do so,

but assurance of consideration cannot

be given except as to comments received

on or before the closing date.

ATF will not recognize any material

in comments as confidential. Comments

may be disclosed to the public. Any

material that the commenter considers

to be confidential or inappropriate for

disclosure to the public should not be

included in the comment. The name of

the person submitting a comment is not

exempt from disclosure.

You may submit written comments by

facsimile transmission to (202) 927–

8602. Facsimile comments must:

• Be legible;

• Reference this notice number;

• Be 81⁄2′′ × 11′′ in size;

• Contain a legible written signature;

and

• Be not more than three pages long.

We will not acknowledge receipt of

facsimile transmissions. We will treat

facsimile transmissions as originals.

Disclosure

Copies of the petition, this advance

notice, and the comments received will

be available for public inspection during

normal business hours at: ATF Public

Reading Room, Room 6480, 650

Massachusetts Avenue NW.,

Washington, DC.

Drafting Information

The author of this document is James

P. Ficaretta, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms.

List of Subjects in 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, and

Warehouses.

Authority and Issuance. This notice is

issued under the authority of 18 U.S.C. 846

and 847.

Signed: September 8, 2000.

Bradley A. Buckles,

Director.

Approved: October 11, 2000.

John P. Simpson,

Deputy Assistant Secretary, Regulatory, Tariff

and Trade Enforcement.

[FR Doc. 00–28979 Filed 11–9–00; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 552

[BOP–1107–P]

RIN 1120–AB06

Suicide Prevention Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

SUMMARY: In this document, the Bureau

of Prisons proposes to revise its

regulations on the suicide prevention

program for clarity and to remove

agency management procedures which

do not need to be stated in regulations.

We intend the revised regulations to

provide for the health and safety of

inmates.

DATES: Comments due by January 12,

2001.

ADDRESSES: Rules Unit, Office of

General Counsel, Bureau of Prisons,

HOLC Room 754, 320 First Street, NW.,

Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT:

Sarah Qureshi, Office of General

Counsel, Bureau of Prisons, phone (202)

514–6655.

SUPPLEMENTARY INFORMATION: The

Bureau of Prisons (Bureau) proposes to

revise its regulations on the suicide

prevention program (28 CFR part 552,