View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOJ/ATF RIN: 1140-AA00 Publication ID: Fall 2016 
Title: Implementation of the Safe Explosives Act 
Abstract:

The Department of Justice will be finalizing interim regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to implement the provisions of the Safe Explosives Act, title XI, subtitle C, of Public Law 107-296, the Homeland Security Act of 2002 (enacted November 25, 2002). The law, among other things: (1) Requires that all persons receiving explosives on and after May 24, 2003, obtain a Federal license or permit, and creates a new type of permit, the "limited permit"; (2) requires applicants for licenses and permits to provide as part of their application the names and appropriate identifying information regarding employees authorized to possess explosives as well as fingerprints and photographs of "responsible persons"; (3) extends the time for ATF to act on an application for a license or permit from 45 days to 90 days; (4) authorizes warrantless inspections of places of storage maintained by applicants for limited permits and holders of limited permits; (5) provides that only licensees and holders of user permits must post their licenses and permits and make them available for inspection; (6) requires that ATF conduct background checks on responsible persons and employees authorized to possess explosive materials; (7) specifies additional categories of persons who may not lawfully receive or possess explosive materials; i.e., aliens (other than permanent resident aliens and other excepted aliens), persons dishonorably discharged from the military, and persons who have renounced their U.S. citizenship; (8) broadens the interstate commerce element of the prohibited persons section of the law to specify that a violation is committed if possession of explosive materials affects interstate or foreign commerce; (9) provides ATF the authority to require licensed manufacturers and licensed importers and persons who manufacture or import explosive materials or ammonium nitrate to provide samples, information on chemical composition, and other information relevant to the identification of the product; (10) broadens the scope of a criminal violation of the law to include any institution or organization receiving Federal financial assistance within the categories of property covered by the violation; (11) expands ATF's authority to grant relief from disabilities to all categories of prohibited persons; and (12) adds a new theft-reporting violation, providing felony penalties for a licensee or permittee who fails to report thefts of explosives within 24 hours of discovery.

 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 27 CFR 555   
Legal Authority: Pub. L. 107-296, title XI, subtitle C   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  03/20/2003  68 FR 13768   
Interim Final Rule Comment Period End  06/18/2003    
Interim Final Rule  09/11/2003  68 FR 53509   
Interim Final Rule Effective  09/11/2003 
Interim Final Rule Comment Period End  10/14/2003 
Final Action  11/00/2016 
Additional Information: The rulemaking previously reported under RIN 1140-AA20 has been merged into this rulemaking.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Denise Brown
Regulations Writer
Department of Justice
Bureau of Alcohol, Tobacco, Firearms, and Explosives
99 New York Avenue NE,
Washington, DC 20226
Phone:202 648-7070