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)

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remain in effect until superseded by final regulations.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),

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 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),

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 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]

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