[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)] [Rules and Regulations] [Pages 1386-1387] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-593] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Bureau of Alcohol, Tobacco and Firearms 27 CFR Part 55 [Notice No. 845; Re: Regulatory Flexibility Act (Public Law 96-354)] RIN 1512-AB48 Explosive Materials in the Fireworks Industry AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of the Treasury. ACTION: General notice of regulatory review. ----------------------------------------------------------------------- SUMMARY: Complying with the Regulatory Flexibility Act (Public Law 96- 354), the Bureau of Alcohol, Tobacco and Firearms (ATF) is required to review the regulations in 27 CFR part 55, issued in T.D. ATF-293, effective March 7, 1990. This document requests comments from members of the explosives industry and other interested persons as to the effectiveness of the regulations issued in T.D. ATF-293. DATES: Comments and/or responses should be received by April 10, 1997. ADDRESSES: Send written comments to: Chief, Firearms and Explosives Operations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50204, Washington, DC 20091-0204, ATTN: Notice No. 845. Copies of written comments received in response to this general notice will be available for public inspection during normal business hours at: ATF Reference Library, Office of Public Affairs and Disclosure, Room 6300, 650 Massachusetts Avenue, NW., Washington, DC 20226. FOR FURTHER INFORMATION CONTACT: Mark D. Waller, ATF Specialist, Firearms and Explosives Operations Branch, Bureau of Alcohol, Tobacco and Firearms, (202) 927-8310. SUPPLEMENTARY INFORMATION: Background Due to the number and severity of explosions that have occurred on the premises of special fireworks plants, the Bureau of Alcohol, Tobacco and Firearms (ATF) issued T.D. ATF-293, 55 FR 3717, which amended certain regulations contained in 27 CFR part 55. The regulations were effective on March 7, 1990. These amendments implemented storage and recordkeeping requirements for industry members engaged in the manufacturing, importing, dealing, or using of fireworks and implemented the provisions of Pub. L. No. 99- 308, 100 Stat. 449 (1986) relating to black powder. Some of the major provisions of the amendments were: (1) Extending the high explosive definition to flash powder and bulk salutes for storage purposes, since these materials can be made to detonate by means of a blasting cap when unconfined; (2) limiting the amount of flash powder used in special fireworks that can be kept outside an approved magazine and in any one processing building during a day's assembling operations to no more than 10 pounds; (3) limiting the amount of other explosive materials that can be kept outside an approved magazine and in any processing building or area during a day's assembling operations to no more than 500 pounds; (4) requiring that processing buildings or areas holding no more than 10 pounds of flash powder or 500 pounds of other explosive materials used in special fireworks be located in accordance with the table of distances in 27 CFR 55.218; (5) established new minimum separation of distance tables applicable to fireworks plants, fireworks process buildings, and fireworks plant magazines; (6) amended the recordkeeping requirements to include information regarding quantity and description of special fireworks; and (7) eliminated the recordkeeping requirements for licensees and permittees selling or disposing of exempt quantities of black powder for sporting, recreational, or cultural purposes in antique firearms or antique devices. The periodic review of regulations under 5 U.S.C. 610(b) requires agencies to consider the following factors: (1) the continued need for the rule; (2) the nature of complaints or comments received concerning the rule from the public; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. [[Page 1387]] Continued Need for Rule ATF continues to believe that these regulations help to avoid accidental explosions on the premises of special fireworks plants. Nature of Complaints Received ATF has received no complaints about the regulating from members of the fireworks industry, and believe the regulations should remain in place. Complexity of the Rule The requirements were determined to be the minimum necessary to improve the safe storage of special fireworks. Conflicting, Duplicative or Overlapping Federal Rules None of the requirements of the regulation conflict, duplicate, or overlap other Federal rules. Changes in Area Affected by Rule The Regulatory Flexibility Act requires an agency to review all affected rules within ten years of the publication of the final rule. This is the first such review of final rule, T.D. ATF-293, since the effective date of March 7, 1990. ATF is unaware of any changes in the fireworks industry having a significant impact on the effectiveness of these regulations. Public Participation One of ATF's primary missions is protection of the public. To successfully accomplish this goal, we are requesting comments on the following questions concerning the amended regulations stemming from T.D. ATF-293: (1) Have any of the changes in the regulations issued in T.D. ATF- 293 caused any unnecessary burdens on business activities or practices? (2) How could the existing regulations be altered to assure the same security, protection, and traceability of explosive materials, while further reducing expenses to industry members? (3) Are there any areas of the explosives regulations which need strengthening? Are there any areas of the amendments contained in T.D. ATF-293 that need more stringent regulation? (4) Are there any areas contained in the regulations issued in T.D. ATF-293 that need to be relaxed, rethought, or rewritten? (5) Have there been any changes in the industry which would necessitate changes in these regulations? Written comments must be received within the 90-day comment period. ATF will not recognize any material as confidential. Any materials submitted may be disclosed to the public. Any material which the transmitter considers to be confidential or inappropriate for disclosure should not be included in the suggestion. The name of the person submitting the suggestion is not exempt from disclosure. Drafting Information The author of this document is Mark D. Waller, 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. Signed: November 27, 1996. John W. Magaw, Director. Approved: December 16, 1996. John P. Simpson, Deputy Assistant Secretary, Regulatory, Tariff and Trade Enforcement. [FR Doc. 97-593 Filed 1-9-97; 8:45 am] BILLING CODE 4810-31-U