Annual Reporting of Explosive Materials Storage Facilities to the Local Fire Authority
| Citation | 88 FR 57370 |
| Published date | 23 August 2023 |
| Record Number | 2023-18075 |
| Court | Alcohol, Tobacco, Firearms, And Explosives Bureau |
Federal Register, Volume 88 Issue 162 (Wednesday, August 23, 2023)
[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]
BILLING CODE 4410-FY-P
