[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Proposed Rules]
[Pages 57404-57407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28597]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 55

[Notice No. 933]
RIN 1512-AB73


Implementation of Public Law 104-208, the Omnibus Consolidated 
Appropriations Act of 1997, Relating to a National Repository for Arson 
and Explosives Information (98R-266P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: We are proposing to amend the regulations to implement the 
provision of Public Law 104-208, the Omnibus Consolidated 
Appropriations Act of 1997, relating to a national repository for 
information on explosives incidents and arson. The proposed regulations 
implement the law by requiring all Federal agencies having information 
concerning incidents involving arson and the suspected criminal misuse 
of explosives to report such information to ATF.

DATES: Comments must be received on or before February 13, 2002.

ADDRESSES: Send written comments to: Chief, Regulations Division; 
Bureau of Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC 
20091-0221; ATTN: Notice No. 933. Written comments must be signed, and 
may be of any length.
    E-mail comments may be submitted to: [email protected]. E-
mail comments must contain your name, mailing address, and e-mail 
address. They must also reference this notice number and be legible 
when printed on not more than three pages 8\1/2\" x 11" in size. We 
will treat e-mail as originals and we will not acknowledge receipt of 
e-mail. See the Public Participation section at the end of this notice 
for requirements for submitting written comments by facsimile.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Regulations 
Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts 
Avenue, NW., Washington, DC 20226 (202-927-8210).

SUPPLEMENTARY INFORMATION:

Background

    On September 30, 1996, Public Law 104-208 (110 Stat. 3009), the 
Omnibus Consolidated Appropriations Act of 1997 (hereafter, ``the 
Act''), was enacted. The Act amended the Federal explosives laws in 
Title 18, United States Code (U.S.C.), Chapter 40. As amended, section 
846(b) authorizes the Secretary of the Treasury to establish a national 
repository of information on incidents involving arson and the 
suspected criminal misuse of explosives. This section also requires all 
Federal agencies having information concerning such incidents to report 
the information to the Secretary. This includes information regarding 
arson and explosives incidents investigated by a Federal agency, as 
well as information on such incidents reported to a Federal agency by 
other sources (e.g., a State or local agency) and criminal 
dispositions, if any. In addition, the law provides that such 
repository will contain information on incidents voluntarily reported 
to the Secretary by State and local authorities.

The National Repository

    The Secretary tasked ATF with establishing and maintaining the 
national repository of information concerning arson and explosives 
incidents. The information that we collect will be available for 
statistical analysis and research, investigative leads, and 
intelligence. We recognize that partnerships with other agencies are 
vital to the success of the national repository. The principal Federal 
partners in the data collection effort are ATF, the Federal Bureau of 
Investigation (FBI), and the United States Fire Administration (USFA).
    The national repository of information will be available in a 
database designed and implemented with input from Federal, State, and 
local fire service and law enforcement authorities. The database will 
include some 80,000 incidents, dating back over 25 years, from ATF's 
Explosives Incidents System (EXIS), now known as the Arson and 
Explosives Incidents System (AEXIS). The database also will incorporate 
information from a variety of law enforcement and fire service sources. 
Finally, a public Internet site will provide aggregate statistical 
summaries of data collected from Federal and State agencies.
    Currently, the ATF National Repository Branch is working on 
integrating data from all contributing sources to establish the most 
accurate and complete arson and explosives informational data. It will 
provide statistical information to the public and it will establish a 
secure web site that will provide selected investigative information to 
authorized user groups. The national repository's secure site will be a 
law enforcement and fire service intelligence database designed to aid 
investigators in identifying trends and similarities between arson and 
explosives incidents. The repository will help authorized investigators 
identify suspects, case-specific similarities regarding explosive and 
incendiary device construction, methods of initiation, types of fuels/
explosives used, and methods of operation. The system will also be 
capable of linking thefts of explosive materials with the later 
criminal misuse of the explosives. Through partnership with other 
Federal, State, and local law enforcement and fire service agencies, 
the system will also help identify persons who commit crimes of 
violence using arson and explosives, and assist in tracking 
dispositions of arson and explosive criminal cases. The system will 
link investigators who may be investigating similar incidents and will 
rely on communication between investigators to disseminate case-
specific information on a case-by-case basis. We have also established 
a toll free telephone number (1-800-461-8841) to provide a method for 
direct exchange of information between authorized users and our 
National Repository Intelligence Research Specialists who have detailed 
knowledge of the system's capabilities.
    To facilitate the development of the national repository, we have 
established the Arson and Explosives National Repository Branch (AENRB) 
within the Arson and Explosives Programs Division at our headquarters 
in Washington, DC. The Branch is available to assist other Federal, 
State, and local law enforcement and fire service investigators with 
arson and explosives investigations. The Branch is staffed with ATF 
special agents, intelligence research specialists, and support 
personnel who are all experienced in arson and explosives related 
investigations.

Proposed Regulations

    The proposed regulations require all agencies having information 
concerning incidents involving arson and the suspected criminal misuse 
of explosives, from whatever source received, to report such 
information to ATF. The term ``agency'' is defined in

[[Page 57405]]

the proposed regulations as each of the executive agencies and military 
departments (as defined in 5 U.S.C. 105 and 102, respectively) and the 
United States Postal Service. The term ``incident'' is defined as an 
event or occurrence, other than accidental, resulting in the response 
of an emergency service, fire service, or law enforcement agency which 
results in the recording of certain action(s) or reportable event(s) in 
an official report. The term ``arson'' is defined as the crime of 
maliciously damaging or destroying, or attempting to damage or destroy, 
by means of fire or an explosive, any building, vehicle, or other real 
or personal property used in interstate or foreign commerce or in any 
activity affecting interstate or foreign commerce. The term ``suspected 
criminal misuse'' is defined as any activity triggering an official 
report of an explosives incident. The term ``explosives'' has the same 
meaning as that defined in the law (18 U.S.C. 232(5), 841(d), and 
844(j)) and regulations (27 CFR 55.11 and 55.23).
    Under the proposed regulations, agencies will report certain 
minimal information to ATF, in the format mutually agreed upon by the 
agency and ATF. In order to arrange a method to submit the data, 
agencies should contact the AENRB at the toll free number mentioned 
above. The minimal information reported to ATF includes:
    1. General information about the arson or explosive incident (e.g., 
incident/case number, agency name, date);
    2. Basic information about the arson or explosive incident (e.g., 
location of the incident, date and time of the incident, type of 
incident);
    3. A complete list of all stolen explosives;
    4. A complete list of all recovered explosives;
    5. Estimated property value and loss;
    6. Casualties (e.g., fire service, law enforcement, civilian);
    7. Any narrative summary regarding an arson or explosive incident 
and information on all device components. The term ``device 
component(s)'' is defined in the proposed regulations as items or 
materials used to assemble or to construct any type of an improvised 
explosive or incendiary device, such as containers, explosives, fuels, 
propellants, and materials used to cause the device to function or to 
cause the fire to occur;
    8. Suspect(s) or arrested or convicted person(s) full name and 
identifiers (e.g., date of birth, race, nationality, sex, social 
security number, law enforcement identifying number); and
    9. Disposition of the case (i.e., court and date of conviction, 
statutory provisions violated, and the length of sentence imposed, if 
any), if available.
    10. Information, if any, to assist in evaluating similarities with 
other arson and explosives incidents, such as features specific to the 
incident that are unique, highly distinctive, or sufficiently 
idiosyncratic to merit inclusion.
    The proposed rule requires that agencies will report arson and 
explosives incidents to ATF at least quarterly (i.e., January-March; 
April-June; July-September; October-December), no later than 15 days 
after the quarter ends, but may report any incident as soon as it 
happens.
    State and local authorities having information on incidents 
involving arson and the suspected criminal misuse of explosives may 
report the information voluntarily to ATF and should contact the AENRB 
at the toll free number mentioned above in order to arrange a method to 
submit the data.

How This Document Complies With the Federal Administrative 
Requirements for Rulemaking

A. Executive Order 12866

    We have determined that this proposed regulation is not a 
significant regulatory action as defined by Executive Order 12866. 
Therefore, a Regulatory Assessment is not required.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. We hereby certify that this proposed regulation, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities because it only requires Federal agencies to 
report information on arson and explosives incidents to the Secretary. 
State and local authorities voluntarily may report such information to 
ATF. Accordingly, a regulatory flexibility analysis is not required.

C. Paperwork Reduction Act

    The collections of information contained in this notice of proposed 
rulemaking have 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 collections 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 3110, 
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW, 
Washington, DC 20226. Comments are specifically requested concerning:
    Whether the proposed collections of information are 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 
collections of information (see below);
    How the quality, utility, and clarity of the information to be 
collected may be enhanced; and
    How the burden of complying with the proposed collections of 
information may be minimized, including through the application of 
automated collection techniques or other forms of information 
technology.
    The collections of information in this proposed regulation are in 
27 CFR 55.233, 55.234, 55.235, and 55.236. This information is required 
to implement the provisions of Public Law 104-208, the Omnibus 
Consolidated Appropriations Act of 1997, relating to a national 
repository for arson and explosives information. The likely respondents 
are State or local governments.
    Estimated total annual reporting and/or recordkeeping burden: 67 
hours.
    Estimated average annual burden hours per respondent and/or 
recordkeeper: .67 hours (40 minutes).
    Estimated number of respondents and/or recordkeepers: 100. This 
represents only those State and local authorities reporting information 
concerning arson and explosives incidents directly to ATF.
    Estimated annual frequency of responses: 4.
    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

    We are requesting comments on the proposed regulations from all 
interested persons. We are also specifically requesting comments on the 
clarity of

[[Page 57406]]

this proposed rule and how it may be made easier to understand.
    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 that 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.
    You may submit written comments by facsimile transmission to (202) 
927-8602. Facsimile comments must:
     Be legible;
     Reference this notice number;
     Be 8\1/2\" x 11" in size;
     Contain a legible written signature; and
     Be not more than three pages long.
    We will not acknowledge receipt of facsimile transmissions. We will 
treat facsimile transmissions as originals.
    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.

Disclosure

    Copies of this notice and the comments received will be available 
for public inspection during normal business hours at: ATF Public 
Reading Room, Room 6480, 650 Massachusetts Avenue, NW., Washington, DC.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in the Federal Register in April and October of each year. The RIN 
contained in the heading of this document can be used to cross-
reference this action with the Unified Agenda.

Drafting Information

    The author of this document is James P. Ficaretta, Regulations 
Division, Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 55

    Administrative practice and procedure, Arson, 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

    For the reasons discussed in the preamble, ATF proposes to amend 27 
CFR Part 55 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. 846, 847.

    Par. 2. Section 55.1 is amended by revising paragraph (a), by 
removing the word ``and'' at the end of paragraph (b)(8), by removing 
the period at the end of paragraph (b)(9) and adding in its place ``; 
and'', and by adding new paragraph (b)(10) 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), Public 
Law 104-132 (110 Stat. 1214), and Public Law 104-208, (110 Stat. 3009).
    (b) * * *
    (10) The arson and explosives national repository.
    Par. 3. Part 55 is amended by adding a new Subpart L immediately 
following Sec. 55.224 to read as follows:

Subpart L--Arson and Explosives National Repository

Sec.
55.231   What is the arson and explosives national repository?
55.232   What do the terms mean that are used in this subpart?
55.233   Who must report information on arson and explosives 
incidents to ATF?
55.234   What is the minimal information that must be reported to 
ATF?
55.235   How will an agency report arson and explosives incident 
information to ATF?
55.236   How often will an agency report arson and explosives 
incident information to ATF?


Sec. 55.231  What is the arson and explosives national repository?

    Under section 846(b) of the Act, the Secretary of the Treasury is 
authorized to establish a national repository, or storehouse, of 
information on incidents involving arson and the suspected criminal 
misuse of explosives. The Secretary tasked ATF with establishing the 
repository and maintaining it.


Sec. 55.232  What do the terms mean that are used in this subpart?

    For purposes of this subpart, the terms ``agency,'' ``arson,'' 
``device component(s),'' ``explosive(s),'' ``incident,'' and 
``suspected criminal misuse'' are defined in this section. Terms not 
defined below will have the same meaning specified in section 55.11.
    (a) Agency. Each of the executive agencies and military departments 
(as defined in 5 U.S.C. 105 and 102, respectively) and the United 
States Postal Service.
    (b) Arson. The crime of maliciously damaging or destroying, or 
attempting to damage or destroy, by means of fire or an explosive, any 
building, vehicle, or other real or personal property used in 
interstate or foreign commerce or in any activity affecting interstate 
or foreign commerce.
    (c) Device component(s). Items or materials used to assemble or to 
construct any type of an improvised explosive or incendiary device, 
such as containers, explosives, fuels, propellants, and materials used 
to cause the device to function or to cause the fire to occur.
    (d) Explosive(s). (1) Any chemical compound, mixture, or device, 
the primary or common purpose of which is to function by explosion. The 
term includes, but is not limited to, dynamite and other high 
explosives, black powder, pellet powder, initiating explosives, 
detonators, safety fuses, squibs, detonating cord, igniter cord, and 
igniters;
    (2) Any chemical compounds, mechanical mixture, or device that 
contains any oxidizing and combustible unit, or other ingredients, in 
such proportions, quantities, or packing that ignition by fire, by 
friction, by concussion, by percussion, or by detonation of the 
compound, mixture, or device or any part thereof may cause an 
explosion;
    (3) Gunpowders, powders used for blasting, all forms of high 
explosives, blasting materials, fuzes (other than electric circuit 
breakers), detonators, and other detonating agents, smokeless powders, 
and other explosive or incendiary devices. ``Explosive or incendiary 
device'' means--
    (i) Dynamite and all other forms of high explosives;
    (ii) Any explosive bomb, grenade, missile, or similar device; and

[[Page 57407]]

    (iii) Any incendiary bomb or grenade, fire bomb, or similar device, 
including any device which--
    (A) Consists of or includes a breakable container including a 
flammable liquid or compound, and a wick composed of any material 
which, when ignited, is capable of igniting such flammable liquid or 
compound; and
    (B) Can be carried or thrown by one individual acting alone; and
    (4) Blasting agents, water gels, and all items in the ``List of 
Explosive Materials'' provided for in Sec. 55.23.
    (e) Incident. An event or occurrence, other than accidental, 
resulting in the response of an emergency service, fire service or law 
enforcement agency which results in the recording of certain action(s) 
or reportable event(s) in an official report.
    (f) Suspected criminal misuse. Any activity triggering an official 
report of an explosives incident.


Sec. 55.233  Who must report information on arson and explosives 
incidents to ATF?

    Any agency (as defined in Sec. 55.232) having information on 
incidents involving arson and the suspected criminal misuse of 
explosives, from whatever source, must report the information to ATF in 
the format arranged with ATF. State and local authorities having 
information concerning such incidents voluntarily may report the 
information to ATF by telephoning 1-800-461-8841 (nationwide toll free 
number).


Sec. 55.234  What is the minimal information that must be reported to 
ATF?

    (a) General information about the arson/explosives incident, 
including--
    (1) The incident/case number;
    (2) The agency name; and
    (3) The date;
    (b) Basic information about the arson/explosives incident, 
including--
    (1) The location of the incident;
    (2) The date and time of the incident; and
    (3) The type of incident (e.g., fire, explosion, bombing);
    (c) A complete list of all stolen explosives;
    (d) A complete list of all recovered explosives;
    (e) Estimated property value and loss;
    (f) Casualties (e.g., fire service, law enforcement, civilian);
    (g) Any narrative summary regarding the arson/explosives incident 
and information on all device components;
    (h) Suspect(s) or arrested or convicted person(s) full name and 
identifiers (e.g., date of birth, race, nationality, sex, social 
security number, law enforcement identifying number);
    (i) Disposition of the case (i.e., court and date of conviction, 
statutory provisions violated, and the length of sentence imposed, if 
any), if available; and
    (j) Information, if any, to assist in evaluating similarities with 
other arson and explosives incidents, such as features specific to the 
incident that are unique, highly distinctive, or sufficiently 
idiosyncratic to merit inclusion.


Sec. 55.235  How will an agency report arson and explosives incident 
information to ATF?

    Arson and Explosives incident information must be reported to ATF 
in a manner that is authorized by the Director.


Sec. 55.236  How often will an agency report arson and explosives 
incident information to ATF?

    An agency must report arson and explosives incident information to 
ATF on a quarterly basis (i.e., January-March; April-June; July-
September; October-December), and no later than 15 days after the 
quarter ends, but may report any incident as soon as it happens. If an 
incident is reported prior to the end of the quarter it should not be 
reported again as part of a quarterly report.

    Signed: August 23, 2001.
Bradley A. Buckles,
Director.

    Approved: October 15, 2001.
Timothy E. Skud,
Acting Deputy Assistant Secretary (Regulatory, Tariff and Trade 
Enforcement).
[FR Doc. 01-28597 Filed 11-14-01; 8:45 am]
BILLING CODE 4810-31-P