Explosive Materials in the Fireworks Industry

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