[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