Commerce in Explosives; Implementation of Provisions of Public Law 104-132, the Antiterrorism and Effective Death Penalty Act of 1996, Relating to Plastic Explosives

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 55

[T.D. ATF-382; (95R-0360)]

RIN 1512-AB61

Commerce in Explosives; Implementation of Provisions of Public

Law 104-132, the Antiterrorism and Effective Death Penalty Act of 1996,

Relating to Plastic Explosives

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

the Treasury.

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ACTION: Final rule (Treasury decision).

SUMMARY: This final rule implements certain provisions of Public Law

104-132, the Antiterrorism and Effective Death Penalty Act of 1996.

These regulations implement the law by requiring that all persons

possessing plastic explosives on the date of enactment report the

quantity of such explosives possessed and certain other information to

the Director within 120 days after the date of enactment.

EFFECTIVE DATE: The regulations are effective on July 23, 1996.

FOR FURTHER INFORMATION CONTACT: Gail E. Hosey, Firearms and Explosives

Regulatory Division, 650 Massachusetts Avenue, NW., Washington, DC

20226, (202) 927-8310.

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. The Act amended a number of provisions of

the Federal explosives laws in 18 U.S.C. Chapter 40. Title VI of the

Act, ``Implementation of Plastic Explosives Convention'', added new

requirements to 18 U.S.C. Chapter 40 to implement the ``Convention on

the Marking of Plastic Explosives for the Purpose of Detection, Done at

Montreal on 1 March 1991.'' In general, the amendments make it unlawful

to ship, transport, transfer, receive, or possess any plastic explosive

that does not contain a detection agent. A number of exceptions are

provided in the law, including an exception for possession of plastic

explosives imported into or manufactured in the United States prior to

April 24, 1996. This exception expires at the end of the 3-year period

beginning April 24, 1996. See 18 U.S.C. 842(n)(2)(A).

Section 607 of the Act provides that, except as otherwise provided,

the amendments made by Title VI shall take effect 1 year after the date

of enactment. Accordingly, the majority of the amendments made by Title

VI do not take effect until April 24, 1997.

However, section 603 added a new section 842(o) to Title 18,

U.S.C., which provides that any person, other than an agency of the

United States (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.

This Treasury Decision adds a new Subpart J to the regulations in

27 C.F.R. Part 55 titled ``Marking of Plastic Explosives.'' All

regulations relating to Title VI of the Act will be in this subpart. A

new section 55.181 implements the reporting requirement of section

842(o). This section requires that any person, other than an agency of

the United States or the National Guard, possessing plastic explosive

on April 24, 1996, submit a report to the Director, ATF, no later than

August 22, 1996. The report must be written and shall include the

quantity of explosives possessed, the name and address of the

manufacturer or importer, any marks of identification, the location

where the explosives are stored, and the name and address of the

possessor.

The regulation adds two items of information to be reported in

addition to the information required by statute, i.e., storage location

and name and address of the possessor. All information required by this

final rule will assist ATF in determining whether plastic explosives

are possessed in compliance with the law. Specifically, the information

will assist in determining whether plastic explosives possessed after

April 24, 1997, were imported into or manufactured in the United States

prior to April 24, 1996 and are lawfully possessed under the 3-year

exception.

Executive Order 12866

It has been determined that this final rule is not a significant

regulatory action, because the economic effects flow directly from the

underlying statute and not from this final rule. Therefore, a

regulatory assessment is not required.

Administrative Procedure Act

Because this document merely implements the one-time reporting

requirement of section 842(o) that must

[[Page 38085]]

be met on or before August 22, 1996, and because immediate guidance is

necessary for possessors of plastic explosives to comply with the

requirement, 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 analysis (5 U.S.C. 604) are not applicable

to this final 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 1512-0535. 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.

Comments concerning the collection of information should be

directed to the Office of Management and Budget, Attention: Desk

Officer for the Department of the Treasury/Bureau of Alcohol, Tobacco

and Firearms, Office of Information and Regulatory Affairs, Washington,

DC 20503, with copies to the Chief, Document Services Branch, Room

3450, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts

Avenue, N.W., Washington, DC 20226.

The estimated average annual burden associated with the collection

of information in this regulation is 1.0 hour per respondent or

recordkeeper.

The collection of information in this regulation is in section 27

CFR 55.181. This information is required by 18 U.S.C. 842(o) which

requires that any person possessing plastic explosives on April 24,

1996, report 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 within 120 days of the date of enactment. The likely

respondents are Federal explosives licensees, and State, and local

governmental entities. Estimated total annual reporting and

recordkeeping burden: 1,000 hours. Estimated number of respondents and

recordkeepers: 1,000. Estimated annual frequency of responses: One time

only.

Drafting Information. The author of this document is Gail E.

Hosey, 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.

Authority and Issuance

27 CFR part 55 is amended as follows:

PART 55--COMMERCE IN EXPLOSIVES

Paragraph 1. The authority citation for 27 CFR part 55 is revised

to read as follows:

Authority: 18 U.S.C. 842, 843, 845, 846, 847.

Par. 2. Section 55.11 is amended by adding the term ``plastic

explosive'' to read as follows:

Sec. 55.11 Meaning of terms.

* * * * *

Plastic explosive. 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.

* * * * *

Par. 3. Subpart J consisting of Sec. 55.181 is added to read as

follows:

Subpart J--Marking of Plastic Explosives

Sec. 55.181 Reporting of plastic explosives.

All persons, other than an agency of the United States (including

any military reserve component) or the National Guard of any State,

possessing any plastic explosive on April 24, 1996, shall submit a

report to the Director no later than August 22, 1996. The report shall

be in writing and mailed by certified mail (return receipt requested)

to the Director at P.O. Box 50204, Washington, DC 20091-0204. The

report shall include the quantity of plastic explosives possessed on

April 24, 1996; any marks of identification on such explosives; the

name and address of the manufacturer or importer; the storage location

of such explosives, including the city and State; and the name and

address of the person possessing the plastic explosives.

Signed: June 20, 1996.

John W. Magaw,

Director.

Approved: July 3, 1996.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff, and Trade Enforcement).

[FR Doc. 96-18617 Filed 7-19-96; 9:57 am]

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