[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Proposed Rules]
[Pages 37109-37110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15777]


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

DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Part 555

[ATF Notice No. 2; AG Order No. 2675-2003; Ref: Notice No. 968; Docket 
No. ATF2000R-9P]
RIN 1140-AA01


Commerce in Explosives

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

ACTION: Proposed rule; reopening of comment period.

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

SUMMARY: This notice reopens the comment period for Notice No. 968, a 
notice of proposed rulemaking, published in the Federal Register on 
January 29, 2003. ATF has received three requests to extend the comment 
period in order to provide sufficient time for all interested parties 
to respond to the issues raised in the notice.

DATES: Comments must be received on or before July 7, 2003.

ADDRESSES: Send written comments to: James P. Ficaretta, Program 
Manager; Room 5150; Bureau of Alcohol, Tobacco, Firearms, and 
Explosives; P.O. Box 50221; Washington, DC 20091-0221; ATTN: ATF No. 
968. 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 document number, as noted above, and be legible 
when printed on 8\1/2\'' x 11'' paper. ATF will treat e-mail as 
originals and ATF will not acknowledge receipt of e-mail. See the 
Public Participation section at the end of the SUPPLEMENTARY 
INFORMATION section for requirements for submitting written comments by 
facsimile.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta; Firearms, 
Explosives and Arson; Bureau of Alcohol, Tobacco, Firearms, and 
Explosives; U.S. Department of Justice; 650 Massachusetts Avenue, NW., 
Washington, DC 20226, telephone (202) 927-8203.

SUPPLEMENTARY INFORMATION:

Background

    On January 29, 2003, ATF published in the Federal Register a notice 
of proposed rulemaking (NPRM) soliciting comments from the public and 
industry on a proposal to amend the regulations in part 555, Commerce 
in Explosives (Notice No. 968, 68 FR 4406). ATF issued the NPRM, in 
part, pursuant to the Regulatory Flexibility Act (RFA), which requires 
an agency to review, within 10 years of publication, rules for which an 
agency prepared a final regulatory flexibility analysis addressing the 
impact of the rule on small businesses or other small entities. Based 
on comments ATF received in response to the RFA analysis, the notice 
proposed amendments to the explosives regulations relating to 
fireworks. In addition, the notice proposed to incorporate into the 
regulations the provisions of an ATF ruling concerning alternate 
construction standards for storage facilities for explosive materials. 
The notice also proposed amendments to the regulations that were 
initiated by ATF, as well as amendments that were proposed by members 
of the explosives industry.
    The comment period for Notice No. 968 closed on April 29, 2003. 
Prior to the close of the comment period, ATF received three requests 
to extend the comment period. One request came

[[Page 37110]]

from the Institute of Makers of Explosives (IME), a trade association 
of the commercial explosives industry representing all U.S. 
manufacturers of high explosives and other companies that distribute 
explosives or provide other related services. Among other reasons 
provided, IME stated that the scope of the NPRM and the importance of 
the proposed rule to the commercial explosives industry require it to 
conduct a comprehensive review and evaluation of the proposed 
regulations. IME determined that it cannot conclude such a review in 
the time currently allotted for comment submission and requested a 90-
day extension of the comment period.
    The International Society of Explosives Engineers (ISEE) provided 
similar reasons for requesting an extension of the comment period. ISEE 
stated that it is a technical society and the largest association of 
commercial explosives users in the United States, representing more 
than 4500 members engaged in the manufacture, transportation, storage, 
handling, use, and disposal of commercial explosives and related 
activities. ISEE requested an extension of the comment period of at 
least 90 days. A third commenter, citing the magnitude of the proposed 
amendments in Notice No. 968, also requested an extension of the 
comment period.
    In consideration of the above, the Department of Justice believes 
that a reopening of the comment period is warranted. However, the 
comment period is being reopened until July 7, 2003. The Department 
believes that this is a sufficient amount of time for all interested 
parties to respond.

Public Participation

    You may also submit written comments by facsimile transmission to 
(202) 927-8525. Facsimile comments must:

--Be legible;
--Reference this document number;
--Be 8\1/2\'' x 11'' in size;
--Contain a legible written signature; and
--Be not more than five pages long.

    ATF will not acknowledge receipt of facsimile transmissions. ATF 
will treat facsimile transmissions as originals.

Disclosure

    Copies of this notice, Notice No. 968, and the comments received 
will be available for public inspection by appointment during normal 
business hours at: ATF Reference Library, Room 6480, 650 Massachusetts 
Avenue, NW., Washington, DC 20226, telephone (202) 927-7890.

Drafting Information

    The author of this document is James P. Ficaretta; Firearms, 
Explosives and Arson; Bureau of Alcohol, Tobacco, Firearms, and 
Explosives.

List of Subjects in 27 CFR Part 555

    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

    This notice is issued under the authority in 18 U.S.C. 847.

    Dated: June 17, 2003.
John Ashcroft,
Attorney General.
[FR Doc. 03-15777 Filed 6-20-03; 8:45 am]
BILLING CODE 4410-FY-P