[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Proposed Rules]
[Page 8412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4558]



[[Page 8412]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 47 and 55

[Notice No. 847]
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: Proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: In the Rules and Regulations portion of this Federal Register, 
the Bureau of Alcohol, Tobacco and Firearms (ATF) is issuing temporary 
regulations regarding the implementation of 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 
to mark plastic explosives and provides for the designation of other 
detection agents. The temporary regulations also serve as the text of 
this notice of proposed rulemaking for final regulations.

DATES: Written comments must be received on or before May 27, 1997.

ADDRESSES: Send written comments to: Chief, Regulations Branch; Bureau 
of Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC 20091-
0221; ATTN: Notice No. 847.

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:

Executive Order 12866

    It has been determined that this proposed 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.

Regulatory Flexibility Act

    It is hereby certified that these proposed regulations will not 
have a significant economic impact on a substantial number of small 
entities. Accordingly, a regulatory flexibility analysis is not 
required. The revenue effects of this rulemaking on small businesses 
flow directly from the underlying statute. Likewise, any secondary or 
incidental effects, and any reporting, recordkeeping, or other 
compliance burdens flow directly from the statute.

Paperwork Reduction Act

    The collection of information contained in this notice of proposed 
rulemaking has been submitted to the Office of Management and Budget 
for review in accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)). Comments on the collection of information should be 
sent 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, NW, 
Washington, DC 20226. Comments are specifically requested concerning:
    Whether the proposed collection of information is necessary for the 
proper performance of the function of the Bureau of Alcohol, Tobacco 
and Firearms, including whether the information will have practical 
utility; the accuracy of the estimated burden associated with the 
proposed collection of information (see below), and; how the burden of 
complying with the proposed collection of information may be minimized, 
including through the application of automated collection techniques or 
other forms of information technology.
    The collection of information in this proposed regulation is in 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.
    Estimated total annual reporting burden: 96 hours.
    Estimated average annual burden hours per respondent: 12 hours.
    Estimated number of respondents: 8.
    Estimated annual frequency of responses: quarterly.
    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.

Public Participation

    ATF requests comments on the temporary regulations from all 
interested persons. Comments received on or before the closing date 
will be carefully considered. Comments received after that date will be 
given the same consideration if it is practical to do so, but assurance 
of consideration cannot be given except as to comments received on or 
before the closing date.
    ATF will not recognize any material in comments as confidential. 
Comments may be disclosed to the public. Any material which the 
commenter considers to be confidential or inappropriate for disclosure 
to the public should not be included in the comment. The name of the 
person submitting a comment is not exempt from disclosure.
    Any interested person who desires an opportunity to comment orally 
at a public hearing should submit his or her request, in writing, to 
the Director within the 90-day comment period. The Director, however, 
reserves the right to determine, in light of all circumstances, whether 
a public hearing is necessary.
    The temporary regulations in this issue of the Federal Register 
amend the regulations in 27 CFR Part 55. For the text of the temporary 
regulations, see T.D. ATF 387 published in the Rules and Regulations 
section of 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.

    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. 97-4558 Filed 2-24-97; 8:45 am]
BILLING CODE 4810-31-P