[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Rules and Regulations]
[Pages 1386-1387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-593]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 55

[Notice No. 845; Re: Regulatory Flexibility Act (Public Law 96-354)]
RIN 1512-AB48


Explosive Materials in the Fireworks Industry

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: General notice of regulatory review.

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SUMMARY: Complying with the Regulatory Flexibility Act (Public Law 96-
354), the Bureau of Alcohol, Tobacco and Firearms (ATF) is required to 
review the regulations in 27 CFR part 55, issued in T.D. ATF-293, 
effective March 7, 1990. This document requests comments from members 
of the explosives industry and other interested persons as to the 
effectiveness of the regulations issued in T.D. ATF-293.

DATES: Comments and/or responses should be received by April 10, 1997.

ADDRESSES: Send written comments to: Chief, Firearms and Explosives 
Operations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box 
50204, Washington, DC 20091-0204, ATTN: Notice No. 845. Copies of 
written comments received in response to this general notice will be 
available for public inspection during normal business hours at: ATF 
Reference Library, Office of Public Affairs and Disclosure, Room 6300, 
650 Massachusetts Avenue, NW., Washington, DC 20226.

FOR FURTHER INFORMATION CONTACT: Mark D. Waller, ATF Specialist, 
Firearms and Explosives Operations Branch, Bureau of Alcohol, Tobacco 
and Firearms, (202) 927-8310.

SUPPLEMENTARY INFORMATION:

Background

    Due to the number and severity of explosions that have occurred on 
the premises of special fireworks plants, the Bureau of Alcohol, 
Tobacco and Firearms (ATF) issued T.D. ATF-293, 55 FR 3717, which 
amended certain regulations contained in 27 CFR part 55. The 
regulations were effective on March 7, 1990.
    These amendments implemented storage and recordkeeping requirements 
for industry members engaged in the manufacturing, importing, dealing, 
or using of fireworks and implemented the provisions of Pub. L. No. 99-
308, 100 Stat. 449 (1986) relating to black powder. Some of the major 
provisions of the amendments were: (1) Extending the high explosive 
definition to flash powder and bulk salutes for storage purposes, since 
these materials can be made to detonate by means of a blasting cap when 
unconfined; (2) limiting the amount of flash powder used in special 
fireworks that can be kept outside an approved magazine and in any one 
processing building during a day's assembling operations to no more 
than 10 pounds; (3) limiting the amount of other explosive materials 
that can be kept outside an approved magazine and in any processing 
building or area during a day's assembling operations to no more than 
500 pounds; (4) requiring that processing buildings or areas holding no 
more than 10 pounds of flash powder or 500 pounds of other explosive 
materials used in special fireworks be located in accordance with the 
table of distances in 27 CFR 55.218; (5) established new minimum 
separation of distance tables applicable to fireworks plants, fireworks 
process buildings, and fireworks plant magazines; (6) amended the 
recordkeeping requirements to include information regarding quantity 
and description of special fireworks; and (7) eliminated the 
recordkeeping requirements for licensees and permittees selling or 
disposing of exempt quantities of black powder for sporting, 
recreational, or cultural purposes in antique firearms or antique 
devices.
    The periodic review of regulations under 5 U.S.C. 610(b) requires 
agencies to consider the following factors: (1) the continued need for 
the rule; (2) the nature of complaints or comments received concerning 
the rule from the public; (3) the complexity of the rule; (4) the 
extent to which the rule overlaps, duplicates or conflicts with other 
Federal rules, and, to the extent feasible, with State and local 
governmental rules; and (5) the length of time since the rule has been 
evaluated or the degree to which technology, economic conditions, or 
other factors have changed in the area affected by the rule.

[[Page 1387]]

Continued Need for Rule

    ATF continues to believe that these regulations help to avoid 
accidental explosions on the premises of special fireworks plants.

Nature of Complaints Received

    ATF has received no complaints about the regulating from members of 
the fireworks industry, and believe the regulations should remain in 
place.

Complexity of the Rule

    The requirements were determined to be the minimum necessary to 
improve the safe storage of special fireworks.

Conflicting, Duplicative or Overlapping Federal Rules

    None of the requirements of the regulation conflict, duplicate, or 
overlap other Federal rules.

Changes in Area Affected by Rule

    The Regulatory Flexibility Act requires an agency to review all 
affected rules within ten years of the publication of the final rule. 
This is the first such review of final rule, T.D. ATF-293, since the 
effective date of March 7, 1990. ATF is unaware of any changes in the 
fireworks industry having a significant impact on the effectiveness of 
these regulations.

Public Participation

    One of ATF's primary missions is protection of the public. To 
successfully accomplish this goal, we are requesting comments on the 
following questions concerning the amended regulations stemming from 
T.D. ATF-293:
    (1) Have any of the changes in the regulations issued in T.D. ATF-
293 caused any unnecessary burdens on business activities or practices?
    (2) How could the existing regulations be altered to assure the 
same security, protection, and traceability of explosive materials, 
while further reducing expenses to industry members?
    (3) Are there any areas of the explosives regulations which need 
strengthening? Are there any areas of the amendments contained in T.D. 
ATF-293 that need more stringent regulation?
    (4) Are there any areas contained in the regulations issued in T.D. 
ATF-293 that need to be relaxed, rethought, or rewritten?
    (5) Have there been any changes in the industry which would 
necessitate changes in these regulations?
    Written comments must be received within the 90-day comment period. 
ATF will not recognize any material as confidential. Any materials 
submitted may be disclosed to the public. Any material which the 
transmitter considers to be confidential or inappropriate for 
disclosure should not be included in the suggestion. The name of the 
person submitting the suggestion is not exempt from disclosure.

Drafting Information

    The author of this document is Mark D. Waller, Firearms and 
Explosives Regulatory Division, Bureau of Alcohol, Tobacco and 
Firearms.

List of Subjects in 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, and 
Warehouses.

    Signed: November 27, 1996.
John W. Magaw,
Director.
    Approved: December 16, 1996.
John P. Simpson,
Deputy Assistant Secretary, Regulatory, Tariff and Trade Enforcement.
[FR Doc. 97-593 Filed 1-9-97; 8:45 am]
BILLING CODE 4810-31-U