[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)]
[Rules and Regulations]
[Pages 38084-38085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18617]
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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]
BILLING CODE 4810-31-P