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2019 List of Explosive Materials

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2019 List of Explosive Materials 128 Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Notices operating conditions (using equipment DEPARTMENT OF JUSTICE in 18 U.S.C. 841. Subject to limited and machinery in place and ready to exceptions in 18 U.S.C. 845 and 27 CFR operate), normal operating levels (hours Bureau of Alcohol, Tobacco, Firearms, 555.141, only Federal explosives per week/weeks per year), time for and Explosives licensees and permitees may possess downtime, maintenance, repair, and [Docket No. 2019R–04] and use explosive materials, including cleanup, and a typical or representative those on the annual list. product mix); and Commerce in Explosives; 2019 Annual Pursuant to its obligation to revise the List of Explosive Materials list of explosives determined to be (c) the quantity and value of your within the coverage of chapter 40 as set firm’s(s’) exports to the United States of AGENCY: Bureau of Alcohol, Tobacco, forth in 18 U.S.C. 841(d), the Subject Merchandise and, if known, an Firearms, and Explosives (ATF); Department is adding four explosives to estimate of the percentage of total Department of Justice. the 2019 List of Explosive Materials. exports to the United States of Subject ACTION: Notice of List of Explosive The four explosives being added to the Merchandise from the Subject Country Materials. 2019 list, in alphabetical order, are: (1) accounted for by your firm’s(s’) exports. ‘‘dipicryl sulfide’’ and its synonym SUMMARY: This notice publishes the (12) Identify significant changes, if ‘‘hexanitrodiphenyl sulfide’’; (2) 2019 List of Explosive Materials, as any, in the supply and demand ‘‘nitrotriazolone’’ and its synonym ‘‘3- required by law. The 2019 list is the conditions or business cycle for the nitro-1,2,4-triazol-5-one’’; (3) same as the 2018 list published by ATF, ‘‘trinitrobenzenesulfonic acid’’ and its Domestic Like Product that have except that the 2019 list adds four synonym ‘‘picryl sulfonic acid’’; and (4) occurred in the United States or in the explosives not previously listed. ‘‘trinitrofluorenone.’’ None of these four market for the Subject Merchandise in DATES: The list becomes effective explosives previously appeared on the the Subject Country after 2013, and January 2, 2020. list under other names. significant changes, if any, that are FOR FURTHER INFORMATION CONTACT: The Explosives Research and likely to occur within a reasonably Krissy Carlson, Chief; Firearms and Development Division (ERDD) at ATF’s foreseeable time. Supply conditions to Explosives Industry Division; Bureau of National Center for Explosives Training consider include technology; Alcohol, Tobacco, Firearms, and and Research (NCETR) performs production methods; development Explosives; United States Department of research and analysis on materials that efforts; ability to increase production Justice; 99 New York Avenue NE, may be characterized as explosives materials. Upon a comprehensive (including the shift of production Washington, DC 20226; (202) 648–7120. facilities used for other products and the review of literature on the relevant SUPPLEMENTARY INFORMATION: Pursuant use, cost, or availability of major inputs material and comprehensive research to to 18 U.S.C. 841(d) and 27 CFR 555.23, into production); and factors related to determine if the material is synonymous the Department of Justice must publish or has structural correspondence with the ability to shift supply among and revise at least annually in the different national markets (including other listed explosives, including Federal Register a list of explosives review of the Department of barriers to importation in foreign determined to be within the coverage of markets or changes in market demand Transportation’s Hazardous Materials 18 U.S.C. 841 et seq. The list covers not Table, the National Oceanic and abroad). Demand conditions to consider only explosives, but also blasting agents Atmospheric Administration’s CAMEO include end uses and applications; the and detonators, all of which are defined database, and other explosives existence and availability of substitute as ‘‘explosive materials’’ in 18 U.S.C. community accepted materials, ATF products; and the level of competition 841(c). determined that each of these among the Domestic Like Product Each material listed, as well as all substances is an explosive under 18 produced in the United States, Subject mixtures containing any of these U.S.C. 841(d). The addition of these four Merchandise produced in the Subject materials, constitute ‘‘explosive explosives to ATF’s annual list codifies Country, and such merchandise from materials’’ under 18 U.S.C. 841(c). ATF’s determination that these are other countries. Materials constituting blasting agents explosive materials regulated under 27 (13) (OPTIONAL) A statement of are marked by an asterisk. Explosive CFR part 555. materials are listed alphabetically, and, whether you agree with the above Furthermore, the addition of these where applicable, followed by their definitions of the Domestic Like Product four explosives to the annual list of common names, chemical names, and/ explosive materials creates interagency and Domestic Industry; if you disagree or synonyms in brackets. This list consistency with the classification of with either or both of these definitions, supersedes the List of Explosive these materials as regulated materials by please explain why and provide Materials dated December 12, 2018 ATF, the Department of Homeland alternative definitions. (Docket No. 2018R–03, 83 FR 63906). Security (DHS), and the Department of Authority: This proceeding is being The 2019 List of Explosive Materials Transportation (DOT). All of these conducted under authority of title VII of the is a comprehensive list, but is not all- substances are listed on DHS’s Chemical Tariff Act of 1930; this notice is published inclusive. The definition of ‘‘explosive Facility Antiterrorism Standards pursuant to section 207.61 of the materials’’ includes ‘‘[e]xplosives, (CFATS) Appendix A: Chemicals of Commission’s rules. blasting agents, water gels and Interest (COI) List, see 6 CFR part 27 By order of the Commission. detonators. Explosive materials, Appendix A; and DOT’s Hazardous include, but are not limited to, all items Materials Table, see 49 CFR 172.101. Issued: December 20, 2019. in the ‘List of Explosive Materials’ Therefore, for purposes of clarity and Lisa Barton, provided for in § 555.23.’’ 27 CFR consistency, ATF is adding these Secretary to the Commission. 555.11. Accordingly, the fact that an explosives to the annual list. [FR Doc. 2019–28039 Filed 12–31–19; 8:45 am] explosive material is not on the annual As stated, the annual list of explosive BILLING CODE 7020–02–P list does not mean that it is not within materials is a comprehensive list, but is coverage of the law if it otherwise meets not all-inclusive. Businesses or others the statutory definition of ‘‘explosives’’ subject to the federal explosives VerDate Sep<11>2014 17:39 Dec 31, 2019 Jkt 250001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\02JAN1.SGM 02JAN1 lotter on DSKBCFDHB2PROD with NOTICES Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Notices 129 regulations at 27 CFR part 555 should * Blasting agents, nitro-carbo-nitrates, Explosive mixtures containing oxygen- not be impacted by the addition of these including non-cap sensitive slurry releasing inorganic salts and nitro explosive materials to the annual list and water gel explosives. bodies. because all explosive materials, Blasting caps. Explosive mixtures containing oxygen- including those not on the annual list Blasting gelatin. releasing inorganic salts and water (with the exception of certain materials Blasting powder. insoluble fuels. noted in exemptions at 18 U.S.C. 845 BTNEC [bis (trinitroethyl) carbonate]. Explosive mixtures containing oxygen- and the implementing regulations at 27 BTNEN [bis (trinitroethyl) nitramine]. releasing inorganic salts and water CFR 555.141), already are regulated BTTN [1,2,4 butanetriol trinitrate]. soluble fuels. under this part. These materials are Bulk salutes. Explosive mixtures containing subject to the restrictions and Butyl tetryl. sensitized nitromethane. Explosive mixtures containing regulations in this part regarding the C requirements for manufacture, storage, tetranitromethane (nitroform). distribution, use, and licensing or Calcium nitrate explosive mixture. Explosive nitro compounds of aromatic permitting. Any person who receives Cellulose hexanitrate explosive mixture. hydrocarbons. explosive materials is already required Chlorate explosive mixtures. Explosive organic nitrate mixtures. to be licensed as an importer, Composition A and variations. Explosive powders. Composition B and variations. manufacturer, or dealer in explosive F materials, or to hold a permit as an Composition C and variations. explosives user. For persons who Copper acetylide. Flash powder. already hold a license or permit under Cyanuric triazide. Fulminate of mercury. the explosives laws, no further action on Cyclonite [RDX]. Fulminate of silver. their part would be required for them to Cyclotetramethylenetetranitramine Fulminating gold. Fulminating mercury. acquire newly-added explosive [HMX]. Fulminating platinum. materials. Cyclotol. Cyclotrimethylenetrinitramine [RDX]. Fulminating silver. Notice of the 2019 Annual List of G Explosive Materials D Gelatinized nitrocellulose. Pursuant to 18 U.S.C. 841(d) and 27 DATB [diaminotrinitrobenzene]. Gem-dinitro aliphatic explosive CFR 555.23, I hereby designate the DDNP
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