[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Proposed Rules]
[Pages 57370-57374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18075]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Part 555

[Docket No. 2013R-15P; AG Order No. 5732-2023]
RIN 1140-AA51


Annual Reporting of Explosive Materials Storage Facilities to the 
Local Fire Authority

AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Justice is proposing to amend Bureau of 
Alcohol, Tobacco, Firearms, and Explosives (``ATF'') regulations to 
require that any person who stores explosive materials notify on an 
annual basis the authority having jurisdiction for fire safety in the 
locality in which the explosive materials are being stored of the type 
of explosives, magazine capacity, and location of each site where such 
materials are stored. In addition, the proposed rule requires any 
person who stores explosive materials to notify the authority having 
jurisdiction for fire safety in the locality in which the explosive 
materials were stored whenever storage is discontinued. These changes 
are intended to increase public safety.

DATES: Written comments must be postmarked and electronic comments must 
be submitted on or before November 21, 2023. Commenters should be aware 
that the electronic Federal Docket Management System will not accept 
comments after 11:59 p.m. Eastern Time on the last day of the comment 
period.

ADDRESSES: You may submit comments, identified by docket number (ATF 
2013R-15P), by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Shermaine Kenner, Mailstop 6N-602, Office of 
Regulatory Affairs, Enforcement Programs and Services,

[[Page 57371]]

Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York 
Avenue NE, Washington, DC 20226, ATTN: ATF 2013R-15P.
    Instructions: All submissions received must include the agency name 
and docket number (2013R-15P) for this notice of proposed rulemaking 
(``NPRM''). All properly completed comments received from any of the 
methods described above will be posted without change to the Federal 
eRulemaking portal, https://www.regulations.gov. This includes any 
personal identifying information (``PII'') submitted in the body of the 
comment or as part of a related attachment. Commenters who submit 
through the Federal eRulemaking portal and who do not want any of their 
PII posted on the internet should omit PII from the body of their 
comment or in any uploaded attachments. Commenters who submit through 
mail should likewise omit their PII from the body of the comment and 
provide any PII on the coversheet only. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see the ``Public Participation'' heading of the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Shermaine Kenner, Office of Regulatory 
Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, 
Firearms, and Explosives, U.S. Department of Justice, 99 New York 
Avenue NE, Washington, DC 20226; telephone: (202) 648-7070.

SUPPLEMENTARY INFORMATION: 

I. Background

    Title XI of the Organized Crime Control Act of 1970, Public Law 91-
452, 84 Stat. 922, added chapter 40 (Importation, Manufacture, 
Distribution and Storage of Explosive Materials) to title 18 of the 
United States Code. One purpose of title XI is to reduce the ``hazard 
to persons and property arising from misuse and unsafe or insecure 
storage of explosive materials.'' Public Law 91-452, sec. 1101, 84 
Stat. at 952.
    The Attorney General is responsible for implementing title XI. See 
18 U.S.C. 847. The Attorney General has delegated that responsibility 
to the Director of the ATF, subject to the direction of the Attorney 
General and the Deputy Attorney General. See 28 CFR 0.130. Regulations 
in 27 CFR part 555 implement title XI.
    On August 24, 1998, ATF published in the Federal Register a final 
rule to implement a storage notification requirement for manufacturers 
and other storers of explosives. Notice No. 841, 63 FR 44999. ATF 
amended the regulations in 27 CFR part 55 (now part 555) \1\ to require 
that any person who starts storing explosive materials notify the 
authority having jurisdiction for fire safety in the locality in which 
the explosive materials are being stored of the type of explosives, 
magazine capacity, and location of each site where such explosives are 
stored. The 1998 final rule was issued in response to the numerous 
deaths and injuries sustained by emergency response personnel 
responding to fires at sites where explosives were stored without the 
knowledge of State and local officials. See Notice No. 841, 61 FR 53688 
(Oct. 15, 1996).
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    \1\ On January 24, 2003, ATF issued a final rule titled 
``Reorganization of Title 27, Code of Federal Regulations,'' which, 
among other things, removed part 55 from chapter I and recodified it 
as part 555 in the new chapter II. 68 FR 3744.
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    ATF is concerned with the safety of emergency response personnel 
responding to fires on sites where explosives are stored, and the 
safety of the public around such areas. It is important that first 
responders are aware of explosives storage when responding to a fire 
site. Firefighters and other fire safety officials generally do not 
attempt to fight a fire that involves a container of explosive 
materials because of the potential for an explosion that could harm the 
responders. Knowledge of the existence of explosives in such close 
proximity to a fire would typically prompt an evacuation of the 
facility and the surrounding area to ensure the safety of the first 
responders and the public.
    The regulation at 27 CFR 555.201(f) requires the reporting of 
certain information when storage of explosive materials commences, but 
does not specifically require subsequent reporting that might reflect 
changes in the type of explosives and magazine capacity. Explosives 
industry association representatives raised this issue with ATF during 
discussions conducted in connection with Executive Order 13650 of 
August 1, 2013, ``Improving Chemical Facility Safety and Security.'' 
These representatives recommended that this regulation be amended to 
require annual reporting. They stated that this would increase 
communication between industry members and their local emergency 
responders, mitigate the negative effects of turnover in the emergency 
response community, and increase training opportunities for the local 
responders.
    Executive Order 13650 recognizes the importance of implementing 
safety measures for the handling and storage of chemicals, including 
explosive materials. In addition, it established the Chemical Facility 
Safety and Security Working Group, co-chaired by the heads of the 
Department of Homeland Security, the Environmental Protection Agency, 
and the Department of Labor, and whose membership includes the heads of 
the Department of Justice, Department of Agriculture, and Department of 
Transportation, to carry out the responsibilities of the order. 
Department heads can also delegate their responsibilities to a 
representative. A final report, submitted by the working group to the 
President in May 2014, notes that ATF will work closely with explosives 
industry associations to develop best practices, procedures, or 
regulations to improve communication with fire authorities, including 
more frequent notification of significant changes to storage 
facilities. See Executive Order 13650: Actions to Improve Chemical 
Facility Safety and Security--A Shared Commitment: Report for the 
President at 51 (May 2014), https://www.cisa.gov/sites/default/files/publications/2014-08-25-final-chemical-eo-status-report-508.pdf.

II. Proposed Amendments to 27 CFR Part 555

    As a result of our consultations with explosives industry 
associations, ATF is proposing to amend the regulation at 27 CFR 
555.201(f) to require annual reporting of explosive materials storage 
to local fire authorities. ATF believes that a requirement for annual 
reporting will lead to more frequent contact between persons storing 
explosive materials and local fire authorities, ensure that explosives 
storage information is timely provided to new first responder staff 
members, and serve to reinforce the importance of the information to 
fire response organizations. ATF believes that an annual reporting time 
frame would best balance the need for these results against the burden 
of more frequent reporting. For these reasons, ATF is proposing to 
amend the regulation at 27 CFR 555.201(f) to require persons to report 
storage of explosive materials to local fire authorities on an annual 
basis.
    The current regulation at 27 CFR 555.201(f) requires any person who 
stores explosive materials to provide to fire safety officials an oral 
notification before the end of the day on which storage of the 
explosive materials commenced, and in writing (e.g., email, letter) 
within 48 hours after commencement of storage. Both forms of 
notification must include the type of explosives, magazine capacity, 
and location of each site where such explosive materials are stored.

[[Page 57372]]

    ATF proposes amending the regulation to require any person who 
stores explosive materials to notify authorities having jurisdiction 
for fire safety in the locality in which the explosive materials are 
being stored upon commencement of storage and every 12 months 
thereafter. In addition, such persons would be required to provide 
written notification whenever they discontinue the storage of 
explosives.
    ATF further proposes to amend the regulation to require that each 
written notification contain the name, title, and agency of the fire 
authority official notified and the date of the written notification. 
The person submitting the notification will be required to retain a 
copy of the written notification for five years and make such 
notification available for examination or inspection by ATF at all 
reasonable times.
    This annual notification will increase public safety through 
increased communication between storers of explosive materials and 
their local emergency responders, provide updated storage information 
to local authorities, and allow for risk assessments and emergency 
response preparation prior to incidents, thus reducing potential safety 
and damage risk to first responders and emergency equipment, 
respectively.

III. Statutory and Executive Order Review

A. Executive Orders 12866 and 13563--Regulatory Review

    This proposed regulation has been drafted and reviewed in 
accordance with Executive Order 12866, ``Regulatory Planning and 
Review,'' sec. 1(b), The Principles of Regulation, and in accordance 
with Executive Order 13563, ``Improving Regulation and Regulatory 
Review.''
    The Office of Management and Budget (``OMB'') has determined that 
this proposed rule is not a ``significant regulatory action'' under 
Executive Order 12866, section 3(f). Furthermore, this rulemaking will 
not have an annual effect on the economy of $100 million or more, nor 
will it adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health, or safety, or State, local, or tribal governments or 
communities.
    This proposed rule would amend 27 CFR 555.201(f) to require annual 
notification to local authorities having jurisdiction for fire safety 
concerning the storage of explosive materials. More specifically, this 
proposed rule would require any person who stores explosive materials 
to notify, at the commencement of storage, local authorities with 
jurisdiction for fire safety with respect to the type of explosives, 
magazine capacity, and location of each site where such explosive 
materials are stored. Notification would also be required once every 12 
months thereafter, but no later than the end of the month during which 
the 12-month period is completed, and upon discontinuance of the 
storage of explosives.
    ATF estimates that this rulemaking will have an impact on 
approximately 9,674 licensees or permittees, and that notification will 
take 30 minutes per occasion. ATF cost estimates for this rulemaking 
are as follows:
    Labor Costs: Half hour of labor ($41.86/hour x 0.5 hours) \2\ for 
completing and mailing the notification x 9,674 licensees or permittees 
= $202,477. The annual cost of this rulemaking would be $202,477.
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    \2\ ATF bases these economic cost estimates on employee 
compensation data for September 2022 as determined by the U.S. 
Department of Labor, Bureau of Labor Statistics, and announced in 
its news release dated December 15, 2022, which is found at https://www.bls.gov/news.release/archives/ecec_12152022.pdf. The Bureau of 
Labor Statistics determined the average hourly employer costs for 
employee compensation for private industry workers to be $41.86.
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    The benefits to this rulemaking would allow for improved risk 
assessments and emergency response preparation prior to incidents, thus 
reducing potential safety and damage risk to first responders and 
emergency equipment, respectively.

B. Executive Order 13132--Federalism

    This proposed rule will not have substantial direct effects on the 
States, on the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, ``Federalism,'' the Attorney General has 
determined that this proposed rule does not have sufficient federalism 
implications to warrant the preparation of a federalism summary impact 
statement.

C. Executive Order 12988--Civil Justice Reform

    This proposed rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice 
Reform.''

D. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    By approving this proposed rule, the Attorney General certifies 
that it will not have a significant economic impact on a substantial 
number of small entities. ATF estimates that this rulemaking will have 
an impact on approximately 9,674 licensees or permittees, with the 
majority of those being small businesses. The notification is estimated 
to take 30 minutes annually for a phone call and to provide written 
notification, most likely by email. ATF cost estimates for this 
rulemaking are as follows:
    Labor Costs: Half hour of labor ($41.86/hour x 0.5 hours) \3\ for 
completing and mailing the notification = $21.
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    \3\ ATF bases these economic cost estimates on employee 
compensation data for September 2022 as determined by the U.S. 
Department of Labor, Bureau of Labor Statistics, and announced in 
its news release dated December 15, 2022, which is found at https://www.bls.gov/news.release/archives/ecec_12152022.pdf. The Bureau of 
Labor Statistics determined the average hourly employer costs for 
employee compensation for private industry workers to be $41.86.
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    As such, the cost associated with the notification is minimal.

E. Congressional Review Act

    This proposed rule is not a major rule as defined by the 
Congressional Review Act, 5 U.S.C. 804.

F. Unfunded Mandates Reform Act of 1995

    This proposed rule will not result in the aggregate expenditure by 
State, local, and tribal governments, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions are necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995, 2 
U.S.C. 1531-1538.

G. Paperwork Reduction Act

    This proposed rule would call for a revision to an existing 
collection of information under the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-3521. As defined in 5 CFR 1320.3(c), ``collection of 
information'' comprises reporting, recordkeeping, monitoring, posting, 
labeling, and other similar actions. The title and description of the 
information collection, a description of those who must collect the 
information, and an estimate of the total annual burden follow. The 
estimate covers the

[[Page 57373]]

time for reviewing instructions, searching existing sources of data, 
gathering and maintaining the data needed, and completing and reviewing 
the collection.
    Title: Notification to Fire Safety Authority of Storage of 
Explosive Materials.
    OMB Control Number: 1140-0071.
    Summary of the Collection of Information: This proposed rule amends 
27 CFR 555.201(f) to require annual notification to local authorities 
having jurisdiction for fire safety concerning the storage of explosive 
materials. Currently, any person who stores explosive materials is 
required at the commencement of storage to notify local authorities 
with jurisdiction for fire safety with respect to the type of 
explosives, magazine capacity, and location of each site where such 
explosive materials are stored. This proposed rule would require 
submission of such reports annually thereafter, and notification 
whenever storage is discontinued. Any person storing explosive 
materials would be required to maintain a copy of the written 
notification for five years from the date of notification.
    Need for Information: It is important that first responders are 
aware of explosives storage when responding to a fire site. 
Firefighters and other fire safety officials generally do not attempt 
to fight a fire that involves a container of explosive materials 
because of the potential for an explosion that could harm the 
responders. Knowledge of the existence of explosives in such close 
proximity to a fire would typically prompt an evacuation of the 
facility and the surrounding area to ensure the safety of the first 
responders and the public.
    Proposed Use of Information: To provide awareness of the existence 
of explosives in close proximity to a fire so that first responders 
prompt an evacuation of the facility and the surrounding area to ensure 
the safety of the first responders and the public.
    Description of the Respondents: Persons or entities who store 
explosive materials.
    Estimated Number of Respondents: 9,674.
    Frequency of Response: Once annually.
    Burden of Response: 30 minutes.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is, whether it can help 
the various levels of government perform their functions better, 
whether it is readily available elsewhere, how accurate our estimate of 
the burden of collection is, how valid our methods for determining 
burden are, how we can improve the quality, usefulness, and clarity of 
the information, and how we can minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date set forth under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information become effective, we 
will publish a notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the proposed collection.

IV. Public Participation

A. Comments Sought

    ATF requests comments on the proposed rule from all interested 
persons. ATF specifically requests comments on the clarity of this 
proposed rule and how easy it is to understand, as well as comments on 
the costs or benefits of the proposed rule and on the appropriate 
methodology and data for calculating those costs and benefits.
    In addition, ATF specifically requests comments regarding whether a 
different time frame would be more appropriate or less burdensome.
    All comments must reference the docket number (ATF 2013R-15P) and 
be legible. Commenters must also include their complete first and last 
name and contact information. If submitting through the Federal 
eRulemaking portal, as described in Section IV.C., commenters should 
carefully review and follow the website's instructions on submitting 
comments. If submitting as an individual, any information provided for 
city, state, zip code, and phone will not be publicly viewable when the 
comment is published on regulations.gov by ATF. If submitting a comment 
by mail, commenters should review Section IV.B. ``Confidentiality,'' 
regarding proper submission of personally identifiable information 
(PII). ATF will not consider, or respond to, comments that do not meet 
these requirements or comments containing profanity. In addition, if 
ATF cannot read your comment due to technical difficulties and cannot 
contact you for clarification, ATF may not be able to consider your 
comment. ATF will treat all comments as originals and will not 
acknowledge receipt of comments.
    ATF will carefully consider comments submitted on or before the 
closing date, and will give comments submitted after that date the same 
consideration if it is practical to do so, but assurance of 
consideration cannot be given except as to timely comments.

B. Confidentiality

    ATF will make all comments meeting the requirements of this 
section, whether submitted electronically or on paper, available for 
public viewing at ATF and on the internet as part of the eRulemaking 
initiative, and subject to the Freedom of Information Act (5 U.S.C. 
552), with exceptions for confidential information as discussed below. 
Commenters who submit by mail and who do not want their name or other 
PII posted on the internet should submit comments along with a separate 
cover sheet containing their PII. Both the cover sheet and comment must 
reference this docket number (ATF 2013R-15P). Information contained in 
the cover sheet will not appear on the internet. ATF will not redact 
PII that appears within the body of comment, and it will appear on the 
internet. Commenters who submit through the Federal eRulemaking portal 
and who do not want any of their PII posted on the internet should omit 
such PII from the body of their comment or in any uploaded attachments.
    The commenter should not include material that he or she considers 
inappropriate for disclosure to the public. Any person submitting a 
comment shall specifically designate that portion (if any) of the 
comment that contains material that is confidential under law (e.g., 
trade secrets, processes). The commenter shall set forth any portion of 
a comment that is confidential under law on pages separate from the 
balance of the comment with each page prominently marked 
``confidential'' at the top of the page.
    Confidential information will be included in the rulemaking record 
but will not be disclosed to the public. Any comments containing 
material that is not confidential under law may be disclosed to the 
public. In any event, the name of the person submitting a comment is 
not exempt from disclosure.

C. Submitting Comments

    Submit comments in any of three ways (but do not submit the same 
comments multiple times or by more than one method).
     Federal eRulemaking Portal: We strongly recommend that you 
submit your comments to ATF via the Federal eRulemaking portal. Visit 
https://www.regulations.gov and follow the instructions for submitting 
comments.

[[Page 57374]]

Comments will be posted within a few days of being submitted. However, 
if large volumes of comments are being processed simultaneously, your 
comment may not be viewable for up to several weeks. Please keep the 
comment tracking number provided by https://www.regulations.gov after 
you have successfully uploaded your comment.
     Mail: Send written comments to the address listed in the 
ADDRESSES section of this document. Written comments must appear in 
minimum 12-point font size (.17 inches), include the commenter's 
complete first and last name and full mailing address, and be signed. 
Written comments may be of any length.

D. Request for Hearing

    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 of ATF 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 proposed rule and the comments received will be 
available for public inspection through the Federal eRulemaking portal, 
https://www.regulations.gov, or by appointment during normal business 
hours at the ATF Reading Room, Room 1E-062, 99 New York Avenue NE, 
Washington, DC 20226; telephone: (202) 648-8740.
Drafting Information
    The author of this document is Shermaine Kenner, Office of 
Regulatory Affairs, Enforcement Programs and Services, Bureau of 
Alcohol, Tobacco, Firearms, and Explosives.

List of Subjects in 27 CFR Part 555

    Administrative practice and procedure, Explosives, Freight, 
Hazardous substances, Imports, Penalties, Reporting and recordkeeping 
requirements, Safety, Security measures, Seizures and forfeitures, 
Transportation, Warehouses.

Authority and Issuance

    Accordingly, for the reasons discussed in the preamble, the 
Department of Justice proposes to amend 27 CFR part 555 as follows:

PART 555--COMMERCE IN EXPLOSIVES

0
1. The authority citation for 27 CFR part 555 continues to read as 
follows:

    Authority:  18 U.S.C. 847.

0
2. Amend Sec.  555.201, by revising paragraph (f) to read as follows:


Sec.  555.201  General.

* * * * *
    (f) Any person who stores explosive materials shall notify the 
authority having jurisdiction for fire safety in the locality in which 
the explosive materials are being stored of the type of explosives, 
magazine capacity, and location of each site where such explosive 
materials are stored. Notification shall be made orally before the end 
of the day on which storage of the explosive materials commenced, and 
in writing within 48 hours from the time such storage commenced. 
Thereafter, written notification shall be made once every 12 months 
following the initial notification, but no later than the end of the 
month during which the 12-month period is completed, unless the person 
is no longer storing explosive materials at the relevant site. When a 
person ceases to store explosive materials at a site, written 
notification to the authority having jurisdiction for fire safety in 
the locality in which the explosive materials were stored shall be made 
within 48 hours of the person discontinuing storage. Each written 
notification must also contain the name, title, and agency of the fire 
authority official notified and the date of the written notification. A 
copy of each written notification must be maintained by the person 
submitting the notification for five years from the date of 
notification and made available for examination or inspection by an ATF 
officer at all reasonable times.

    Dated: August 11, 2023.
Merrick B. Garland,
Attorney General.
[FR Doc. 2023-18075 Filed 8-22-23; 8:45 am]
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