Separation Distances of Ammonium Nitrate and Blasting Agents From Explosives or Blasting Agents (2002R-226P), 56489-56491 [2010-23042]
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Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Proposed Rules
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the Federal Aviation
Administration proposes to amend part
39 of the Federal Aviation Regulations
(14 CFR part 39) as follows:
for a crack in accordance with ATSM E1417,
Type I, Methods A or C.
(d) If a crack is found in the swashplate,
before further flight, replace the swashplate
with an airworthy swashplate.
(e) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Contact the Manager, Rotorcraft
Certification Office, Rotorcraft Directorate,
ATTN: DOT/FAA Southwest Region, Michael
Kohner, ASW–170, Aviation Safety Engineer,
Fort Worth, Texas 76137, telephone
(817) 222–5170, fax (817) 222–5783, for
information about previously approved
alternative methods of compliance.
(f) The Joint Aircraft System/Component
(JASC) Code is 6230: Main Rotor Mast/
Swashplate.
Issued in Fort Worth, Texas, on September
3, 2010.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2010–23097 Filed 9–15–10; 8:45 am]
PART 39—AIRWORTHINESS
DIRECTIVES
BILLING CODE 4910–13–P
1. The authority citation for part 39
continues to read as follows:
DEPARTMENT OF JUSTICE
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. Section 39.13 is amended by
adding a new airworthiness directive to
read as follows:
Erickson Air-Crane Incorporated: Docket
No. FAA–2010–0909; Directorate
Identifier 2010–SW–026–AD.
Applicability
Model S–64F helicopters, with rotating
swashplate assembly (swashplate), part
number (P/N) 65104–11001–051, installed,
certificated in any category.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
Compliance
Required as indicated.
To prevent loss of a swashplate due to a
fatigue crack, loss of control of the main rotor
system, and subsequent loss of control of the
helicopter, do the following:
(a) Within 15 hours time-in-service (TIS),
unless accomplished previously, and
thereafter at intervals not to exceed 15 hours
TIS, clean and visually inspect the
swashplate for a crack in areas A through F
as depicted in Figure 1 of Erickson Air-Crane
Incorporated Service Bulletin 64B10–10,
Revision 2, dated April 1, 2008 (SB).
(b) Within 150 hours TIS, unless
accomplished previously, and thereafter at
intervals not to exceed 150 hours TIS, clean
the swashplate and, using a 10-power or
higher magnifying glass, visually inspect for
a crack in areas A through F as depicted in
Figure 1 of the SB.
(c) Within 1,000 hours TIS since the last
fluorescent-penetrant inspection (FPI) and
thereafter at intervals not to exceed 1,000
hours TIS, remove the swashplate from the
rotor head, disassemble and remove the paint
from the swashplate, and FPI the swashplate
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Send comments to any of
the following addresses—
• Scott P. Armstrong-Cezar, Industry
Operations Specialist, Room 6N–602,
Bureau of Alcohol, Tobacco, Firearms,
and Explosives, 99 New York Avenue,
NE., Washington, DC 20226; ATTN:
ATF 26A. Written comments must
appear in a minimum 12 point size of
type (.17 inches), include the
commenter’s mailing address, be signed,
and may be of any length.
• 202–648–9741 (facsimile).
• https://www.regulations.gov. Federal
eRulemaking portal; follow the
instructions for submitting comments.
You may also view an electronic
version of this advance notice at
https://www.regulations.gov.
See the Public Participation section at
the end of the SUPPLEMENTARY
INFORMATION section for instructions and
requirements for submitting comments.
FOR FURTHER INFORMATION CONTACT:
Scott P. Armstrong-Cezar, 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) 648–7119.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
27 CFR Part 555
I. Background
[Docket No. ATF 26A]
ATF is responsible for implementing
title XI of the Organized Crime Control
Act of 1970, 91 Public Law 452 (‘‘Title
XI’’), which added chapter 40
(‘‘Importation, Manufacture,
Distribution and Storage of Explosive
Materials’’) to title 18 of the United
States Code. One of the stated purposes
of title XI is to reduce the ‘‘hazard to
persons and property arising from
misuse and unsafe or insecure storage of
explosive materials.’’ Under section 847
of title 18, United States Code, the
Attorney General ‘‘may prescribe such
rules and regulations as he deems
reasonably necessary to carry out the
provisions of this chapter.’’ Regulations
that implement the provisions of
chapter 40 are contained in title 27,
Code of Federal Regulations (CFR), part
555 (‘‘Commerce in Explosives’’).
The regulations at 27 CFR 555.220 set
forth a table of separation distances of
ammonium nitrate and blasting agents
from explosives or blasting agents
followed by six explanatory notes. Note
three (3) states that the distances
specified in the table ‘‘apply to
ammonium nitrate that passes the
insensitivity test prescribed in the
definition of ammonium nitrate
fertilizer issued by the Fertilizer
Institute’’ in its ‘‘Definition and Test
Procedures for Ammonium Nitrate
Fertilizer.’’ The Fertilizer Institute (TFI)
RIN 1140–AA27
Separation Distances of Ammonium
Nitrate and Blasting Agents From
Explosives or Blasting Agents (2002R–
226P)
Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
The Department of Justice
(Department) intends to amend the
regulations of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives
(ATF) to replace the regulations’
reference to an outdated guidance
document. Based upon a petition ATF
received, the Department wishes to
gather information and comments from
the public and industry about possible
replacements for this guidance
document.
SUMMARY:
Written comments must be
postmarked and electronic comments
must be submitted on or before
December 15, 2010. Commenters should
be aware that the electronic Federal
Docket Management System will not
accept comments after Midnight Eastern
Time on the last day of the comment
period.
DATES:
PO 00000
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56490
Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Proposed Rules
erowe on DSK5CLS3C1PROD with PROPOSALS-1
is a voluntary, non-profit trade
association of the fertilizer industry that
currently has more than 175 members.
See Member Companies, The Fertilizer
Institute, https://tfi.org/about/
company.cfm (last visited June 17,
2010). Members include importers,
wholesalers, retailers, and others
involved in the fertilizer industry. Id.
Many of TFI’s members handle and
store ammonium nitrate fertilizer and
may be affected by the regulations at
section 555.220.
The ‘‘Definition and Test Procedures
for Ammonium Nitrate Fertilizer’’
guidance document was originally
developed by the Agricultural Nitrogen
Institute, a predecessor organization of
TFI. See The Fertilizer Institute,
Definition and Test Procedures for
Ammonium Nitrate Fertilizer i (Aug.
1984), available at https://www.atf.gov/
publications/download/hist/definitionand-test-procedures-for-ammoniumnitrate.pdf. As stated in the guidance
document, in May of 1984 TFI
assembled a task force of industry and
government representatives and experts
on the physical and chemical
characteristics of ammonium nitrate
fertilizer to review this publication and
make any necessary changes. Id. Based
on that review and the technical
expertise and experience of the task
force members, TFI published a revised
edition of the guidance document, dated
August 1984. Id. In the guidance
document, ammonium nitrate fertilizer
is defined as ‘‘solid ammonium nitrate
containing a minimum of 33.0%
nitrogen, having a minimum pH of 4.0
in a 10% aqueous solution, 0.20%
maximum carbon, 0.010% maximum
elemental sulfur, 0.150% maximum
chloride as Cl, or particulated elemental
metals sufficient to release 4.60 ml,
maximum, of hydrogen from 50.0 gram
sample and which will pass the
detonation resistance test in Section 2.0
and the burning test in Section 4.0.’’ Id.
at 1.
II. The Fertilizer Institute Petition
On March 19, 2002, TFI filed a
petition with ATF requesting that the
Federal explosives regulations at section
555.220 be amended to remove the
reference to the ‘‘Definition and Test
Procedures for Ammonium Nitrate
Fertilizer.’’ TFI explained that the
‘‘Definition and Test Procedures for
Ammonium Nitrate Fertilizer’’ is
outdated because TFI last published the
guidance document in 1984, TFI will
not review or update it, and TFI cannot
ensure that the procedures outlined in
the guidance document are still valid.
TFI recognizes that ATF may require an
alternate method of determining the
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12:40 Sep 15, 2010
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insensitivity of ammonium nitrate
fertilizer and has suggested that ATF
reference certain Department of
Transportation (DOT) regulations.
The DOT regulations include several
definitions and two hazardous
classifications (Class 5.1 and Class 9) for
ammonium nitrate based fertilizers
based on the amount of combustible
material included in the fertilizer. (See
49 CFR 172.101, 172.102, 173.127 and
173.140). Class 5.1 ammonium nitrate
fertilizer is defined as a uniform mixture
with ammonium nitrate as the main
ingredient within the following
composition limits: (1) Not less than 90
percent ammonium nitrate with not
more than 0.2 percent combustible,
organic material calculated as carbon,
and with added matter, if any, that is
inorganic and inert when in contact
with ammonium nitrate, or (2) more
than 70 percent but less than 90 percent
ammonium nitrate with other inorganic
materials, or more than 80 percent but
less than 90 percent ammonium nitrate
mixed with calcium carbonate and/or
dolomite and/or mineral calcium
sulphate, and not more than 0.4 percent
total combustible, organic material
calculated as carbon, or (3) ammonium
nitrate-based fertilizers containing
mixtures of ammonium nitrate and
ammonium sulphate with more than 45
percent but less than 70 percent
ammonium nitrate, and not more than
0.4 percent total combustible, organic
material calculated as carbon such that
the sum of the percentage of
compositions of ammonium nitrate and
ammonium sulphate exceeds 70
percent. Class 9 ammonium nitrate
fertilizer is defined as a uniform,
ammonium nitrate based fertilizer
mixture containing nitrogen, phosphate,
or potash with not more than 70 percent
ammonium nitrate and not more than
0.4 percent total combustible, organic
material calculated as carbon or with
not more than 45 percent ammonium
nitrate and unrestricted combustibles.
See 49 CFR 172.101 and 172.102(c)(1)
special provisions 150, 132 for more
information. To determine whether a
material falls within Class 5, Division
5.1, DOT requires regulated parties to
conduct tests in accordance with the
United Nations (UN) Manual of Tests
and Criteria. See 49 CFR 173.127(a) for
additional information.
III. Discussion
ATF is requesting information from
explosives industry members, trade
associations, consumers, and all other
interested parties to determine whether
a replacement reference for TFI’s
ammonium nitrate guidance document
is necessary and, if so, whether there are
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alternate methods available to
determine the insensitivity of
ammonium nitrate fertilizer.
Although ATF is soliciting comments
on the following specific questions, it is
also requesting any relevant information
on the subject.
1. Should ATF adopt the Department
of Transportation (DOT) regulations for
classifying ammonium nitrate fertilizer
in accordance with the UN Manual of
Tests and Criteria? If not, are there
existing reduced-sensitivity tests that
could be used to replace TFI’s definition
and reduced-sensitivity test procedures?
If so, have these test procedures
demonstrated consistent, reproducible,
and accurate results?
2. What are manufacturers currently
using to establish the sensitivity or
reduced sensitivity of ammonium
nitrate fertilizer or other oxidizing
materials?
3. If no current test procedures are
found suitable, should ATF convene an
explosives study group to create a viable
reduced-sensitivity test standard?
4. Assuming ATF initiates a study,
which organizations or individuals
should be included in the study group
or consulted prior to implementing a
new test procedure?
5. What criteria should be established
to accurately characterize insensitive
ammonium nitrate fertilizer or other
oxidizing materials? Should testing
results for each material be quantified in
a specific unit of measure for evaluation
against other materials?
6. What test procedures should be
included in a possible reducedsensitivity test of ammonium nitrate
fertilizer and other oxidizing materials?
7. Should a new reduced-sensitivity
test be applied to test previously
evaluated ammonium nitrate products?
8. Who should be responsible for the
reduced-sensitivity certification of
ammonium nitrate fertilizer and other
oxidizing materials? Should each
company conduct self-certified testing
or should the testing be overseen by
government regulators or independent
scientific laboratories applying mutually
accepted standards and procedures
under the guidance of government
oversight and regulation?
9. What would be the cost burden
imposed on manufacturers required to
implement their own testing program?
What would be the industry cost burden
associated with a government testing
program?
10. Should materials found to
demonstrate reduced sensitivity have
their own storage requirements? If so,
what requirements would be sufficient
to protect them?
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Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Proposed Rules
56491
sheet that contains their personal
identifying information. Both the cover
sheet and comment must reference this
docket number. Information contained
in the cover sheet will not be posted on
the Internet. Any personal identifying
information that appears within the
comment will be posted on the Internet
and will not be redacted by ATF.
Any material that the commenter
considers to be inappropriate for
disclosure to the public should not be
included in the comment. Any person
submitting a comment shall specifically
designate that portion (if any) of his
comment that contains material that is
confidential under law (e.g., trade
secrets, processes, etc.). Any portion of
a comment that is confidential under
law shall be set forth on pages separate
from the balance of the comment and
shall be prominently marked
‘‘confidential’’ at the top of each 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.
Washington, DC 20226; telephone (202)
648–7080.
Public Participation
C. Submitting Comments
Comments may be submitted in any of
three ways:
• Mail: Send written comments to the
address listed in the ADDRESSES section
of this document. Written comments
must appear in a minimum 12 point size
of type (.17 inches), include the
commenter’s mailing address, be signed,
and may be of any length.
• Facsimile: Submit comments by
facsimile transmission to (202) 648–
9741. Faxed comments must:
(1) Be legible and appear in a
minimum 12 point size of type (.17
inches);
(2) Be on 81⁄2″ x 11″ paper;
(3) Contain a legible, written
signature; and
(4) Be no more than five pages long.
ATF will not accept faxed comments
that exceed five pages.
• Federal eRulemaking Portal:
Submit comments to ATF via the
Federal eRulemaking portal by visiting
https://www.regulations.gov and
following the instructions for submitting
comments.
ENVIRONMENTAL PROTECTION
AGENCY
A. Comments Sought
ATF is requesting comments on this
advance notice of proposed rulemaking
from all interested persons. ATF is also
specifically requesting comments on the
clarity of this advance notice and how
it may be made easier to understand.
All comments must reference this
document docket number (ATF 26A), be
legible, and include the commenter’s
name and mailing address. ATF will
treat all comments as originals and it
will not acknowledge receipt of
comments.
Comments received on or before the
closing date will be carefully
considered. Comments received after
that date will be given the same
consideration if it is practical to do so,
but assurance of consideration cannot
be given except as to comments received
on or before the closing date.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
How This Document Complies With the
Federal Administrative Requirements
for Rulemaking
This action is an Advance Notice of
Proposed Rulemaking (ANPRM).
Because it is not a ‘‘significant
regulatory action’’ within the meaning of
Executive Order 12866, the Executive
Order’s requirement of cost-benefit
assessment does not apply. ATF is
publishing this ANPRM to seek
information from the public about a
replacement document for the
‘‘Definition and Test Procedures for
Ammonium Nitrate Fertilizer.’’
Similarly, the requirements of section
603 of the Regulatory Flexibility Act do
not apply to this action because, at this
stage, it is an ANPRM and not a ‘‘rule’’
as defined in section 601 of the
Regulatory Flexibility Act. Following
review of the comments received in
response to this ANPRM, if ATF
promulgates a notice or notices of
proposed rulemaking regarding this
matter, ATF will conduct all analyses
required by the Regulatory Flexibility
Act, Executive Order 12866, and any
other statutes or Executive Orders
relevant to those rules and in effect at
the time of promulgation.
B. Confidentiality
Comments, whether submitted
electronically or in paper format, will be
made available for public viewing at
ATF, and on the Internet as part of the
eRulemaking initiative, and are subject
to the Freedom of Information Act.
Commenters who do not want their
name or other personal identifying
information posted on the Internet
should submit their comment by mail or
facsimile, along with a separate cover
VerDate Mar<15>2010
12:40 Sep 15, 2010
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Disclosure
Copies of the petition, this advance
notice, and the comments received will
be available for public inspection by
appointment during normal business
hours at: ATF Reading Room, Room 1E–
063, 99 New York Avenue, NE.,
PO 00000
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Drafting Information
The author of this document is Scott
P. Armstrong-Cezar; Enforcement
Programs and Services; 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 of 18 U.S.C. 847.
Approved: September 3, 2010.
Kenneth E. Melson,
Deputy Director.
[FR Doc. 2010–23042 Filed 9–15–10; 8:45 am]
BILLING CODE 4410–FY–P
40 CFR Part 1060
[EPA–HQ–OAR–2010–0270; FRL–9202–3]
RIN 2060–AQ18
Technical Amendments for Marine
Spark-Ignition Engines and Vessels
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
In the final rulemaking for
new exhaust and evaporative emissions
standards for nonroad spark-ignition
engines, vessels, and equipment (73 FR
59034, October 8, 2008), EPA
established first-ever evaporative
emissions standards for marine vessels.
These requirements included portable
marine fuel tanks commonly used in
recreational boating. During their efforts
to certify portable fuel tanks to these
new requirements, manufacturers
working together on systems integration
identified several technical issues with
the performance of the tanks/fuel
systems in use that were not fully
apparent to them before these standards
were developed. Systems integration
work conducted by the fuel tank, boat
and engine manufacturers highlighted
that under some circumstances there
was the potential for fuel spillage to
occur. Work conducted by these parties
SUMMARY:
E:\FR\FM\16SEP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Proposed Rules]
[Pages 56489-56491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23042]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 555
[Docket No. ATF 26A]
RIN 1140-AA27
Separation Distances of Ammonium Nitrate and Blasting Agents From
Explosives or Blasting Agents (2002R-226P)
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice (Department) intends to amend the
regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF) to replace the regulations' reference to an outdated guidance
document. Based upon a petition ATF received, the Department wishes to
gather information and comments from the public and industry about
possible replacements for this guidance document.
DATES: Written comments must be postmarked and electronic comments must
be submitted on or before December 15, 2010. Commenters should be aware
that the electronic Federal Docket Management System will not accept
comments after Midnight Eastern Time on the last day of the comment
period.
ADDRESSES: Send comments to any of the following addresses--
Scott P. Armstrong-Cezar, Industry Operations Specialist,
Room 6N-602, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99
New York Avenue, NE., Washington, DC 20226; ATTN: ATF 26A. Written
comments must appear in a minimum 12 point size of type (.17 inches),
include the commenter's mailing address, be signed, and may be of any
length.
202-648-9741 (facsimile).
https://www.regulations.gov. Federal eRulemaking portal;
follow the instructions for submitting comments.
You may also view an electronic version of this advance notice at
https://www.regulations.gov.
See the Public Participation section at the end of the
SUPPLEMENTARY INFORMATION section for instructions and requirements for
submitting comments.
FOR FURTHER INFORMATION CONTACT: Scott P. Armstrong-Cezar, 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) 648-7119.
SUPPLEMENTARY INFORMATION:
I. Background
ATF is responsible for implementing title XI of the Organized Crime
Control Act of 1970, 91 Public Law 452 (``Title XI''), which added
chapter 40 (``Importation, Manufacture, Distribution and Storage of
Explosive Materials'') to title 18 of the United States Code. One of
the stated purposes of title XI is to reduce the ``hazard to persons
and property arising from misuse and unsafe or insecure storage of
explosive materials.'' Under section 847 of title 18, United States
Code, the Attorney General ``may prescribe such rules and regulations
as he deems reasonably necessary to carry out the provisions of this
chapter.'' Regulations that implement the provisions of chapter 40 are
contained in title 27, Code of Federal Regulations (CFR), part 555
(``Commerce in Explosives'').
The regulations at 27 CFR 555.220 set forth a table of separation
distances of ammonium nitrate and blasting agents from explosives or
blasting agents followed by six explanatory notes. Note three (3)
states that the distances specified in the table ``apply to ammonium
nitrate that passes the insensitivity test prescribed in the definition
of ammonium nitrate fertilizer issued by the Fertilizer Institute'' in
its ``Definition and Test Procedures for Ammonium Nitrate Fertilizer.''
The Fertilizer Institute (TFI)
[[Page 56490]]
is a voluntary, non-profit trade association of the fertilizer industry
that currently has more than 175 members. See Member Companies, The
Fertilizer Institute, https://tfi.org/about/company.cfm (last visited
June 17, 2010). Members include importers, wholesalers, retailers, and
others involved in the fertilizer industry. Id. Many of TFI's members
handle and store ammonium nitrate fertilizer and may be affected by the
regulations at section 555.220.
The ``Definition and Test Procedures for Ammonium Nitrate
Fertilizer'' guidance document was originally developed by the
Agricultural Nitrogen Institute, a predecessor organization of TFI. See
The Fertilizer Institute, Definition and Test Procedures for Ammonium
Nitrate Fertilizer i (Aug. 1984), available at https://www.atf.gov/publications/download/hist/definition-and-test-procedures-for-ammonium-nitrate.pdf. As stated in the guidance document, in May of 1984 TFI
assembled a task force of industry and government representatives and
experts on the physical and chemical characteristics of ammonium
nitrate fertilizer to review this publication and make any necessary
changes. Id. Based on that review and the technical expertise and
experience of the task force members, TFI published a revised edition
of the guidance document, dated August 1984. Id. In the guidance
document, ammonium nitrate fertilizer is defined as ``solid ammonium
nitrate containing a minimum of 33.0% nitrogen, having a minimum pH of
4.0 in a 10% aqueous solution, 0.20% maximum carbon, 0.010% maximum
elemental sulfur, 0.150% maximum chloride as Cl, or particulated
elemental metals sufficient to release 4.60 ml, maximum, of hydrogen
from 50.0 gram sample and which will pass the detonation resistance
test in Section 2.0 and the burning test in Section 4.0.'' Id. at 1.
II. The Fertilizer Institute Petition
On March 19, 2002, TFI filed a petition with ATF requesting that
the Federal explosives regulations at section 555.220 be amended to
remove the reference to the ``Definition and Test Procedures for
Ammonium Nitrate Fertilizer.'' TFI explained that the ``Definition and
Test Procedures for Ammonium Nitrate Fertilizer'' is outdated because
TFI last published the guidance document in 1984, TFI will not review
or update it, and TFI cannot ensure that the procedures outlined in the
guidance document are still valid. TFI recognizes that ATF may require
an alternate method of determining the insensitivity of ammonium
nitrate fertilizer and has suggested that ATF reference certain
Department of Transportation (DOT) regulations.
The DOT regulations include several definitions and two hazardous
classifications (Class 5.1 and Class 9) for ammonium nitrate based
fertilizers based on the amount of combustible material included in the
fertilizer. (See 49 CFR 172.101, 172.102, 173.127 and 173.140). Class
5.1 ammonium nitrate fertilizer is defined as a uniform mixture with
ammonium nitrate as the main ingredient within the following
composition limits: (1) Not less than 90 percent ammonium nitrate with
not more than 0.2 percent combustible, organic material calculated as
carbon, and with added matter, if any, that is inorganic and inert when
in contact with ammonium nitrate, or (2) more than 70 percent but less
than 90 percent ammonium nitrate with other inorganic materials, or
more than 80 percent but less than 90 percent ammonium nitrate mixed
with calcium carbonate and/or dolomite and/or mineral calcium sulphate,
and not more than 0.4 percent total combustible, organic material
calculated as carbon, or (3) ammonium nitrate-based fertilizers
containing mixtures of ammonium nitrate and ammonium sulphate with more
than 45 percent but less than 70 percent ammonium nitrate, and not more
than 0.4 percent total combustible, organic material calculated as
carbon such that the sum of the percentage of compositions of ammonium
nitrate and ammonium sulphate exceeds 70 percent. Class 9 ammonium
nitrate fertilizer is defined as a uniform, ammonium nitrate based
fertilizer mixture containing nitrogen, phosphate, or potash with not
more than 70 percent ammonium nitrate and not more than 0.4 percent
total combustible, organic material calculated as carbon or with not
more than 45 percent ammonium nitrate and unrestricted combustibles.
See 49 CFR 172.101 and 172.102(c)(1) special provisions 150, 132 for
more information. To determine whether a material falls within Class 5,
Division 5.1, DOT requires regulated parties to conduct tests in
accordance with the United Nations (UN) Manual of Tests and Criteria.
See 49 CFR 173.127(a) for additional information.
III. Discussion
ATF is requesting information from explosives industry members,
trade associations, consumers, and all other interested parties to
determine whether a replacement reference for TFI's ammonium nitrate
guidance document is necessary and, if so, whether there are alternate
methods available to determine the insensitivity of ammonium nitrate
fertilizer.
Although ATF is soliciting comments on the following specific
questions, it is also requesting any relevant information on the
subject.
1. Should ATF adopt the Department of Transportation (DOT)
regulations for classifying ammonium nitrate fertilizer in accordance
with the UN Manual of Tests and Criteria? If not, are there existing
reduced-sensitivity tests that could be used to replace TFI's
definition and reduced-sensitivity test procedures? If so, have these
test procedures demonstrated consistent, reproducible, and accurate
results?
2. What are manufacturers currently using to establish the
sensitivity or reduced sensitivity of ammonium nitrate fertilizer or
other oxidizing materials?
3. If no current test procedures are found suitable, should ATF
convene an explosives study group to create a viable reduced-
sensitivity test standard?
4. Assuming ATF initiates a study, which organizations or
individuals should be included in the study group or consulted prior to
implementing a new test procedure?
5. What criteria should be established to accurately characterize
insensitive ammonium nitrate fertilizer or other oxidizing materials?
Should testing results for each material be quantified in a specific
unit of measure for evaluation against other materials?
6. What test procedures should be included in a possible reduced-
sensitivity test of ammonium nitrate fertilizer and other oxidizing
materials?
7. Should a new reduced-sensitivity test be applied to test
previously evaluated ammonium nitrate products?
8. Who should be responsible for the reduced-sensitivity
certification of ammonium nitrate fertilizer and other oxidizing
materials? Should each company conduct self-certified testing or should
the testing be overseen by government regulators or independent
scientific laboratories applying mutually accepted standards and
procedures under the guidance of government oversight and regulation?
9. What would be the cost burden imposed on manufacturers required
to implement their own testing program? What would be the industry cost
burden associated with a government testing program?
10. Should materials found to demonstrate reduced sensitivity have
their own storage requirements? If so, what requirements would be
sufficient to protect them?
[[Page 56491]]
How This Document Complies With the Federal Administrative Requirements
for Rulemaking
This action is an Advance Notice of Proposed Rulemaking (ANPRM).
Because it is not a ``significant regulatory action'' within the
meaning of Executive Order 12866, the Executive Order's requirement of
cost-benefit assessment does not apply. ATF is publishing this ANPRM to
seek information from the public about a replacement document for the
``Definition and Test Procedures for Ammonium Nitrate Fertilizer.''
Similarly, the requirements of section 603 of the Regulatory
Flexibility Act do not apply to this action because, at this stage, it
is an ANPRM and not a ``rule'' as defined in section 601 of the
Regulatory Flexibility Act. Following review of the comments received
in response to this ANPRM, if ATF promulgates a notice or notices of
proposed rulemaking regarding this matter, ATF will conduct all
analyses required by the Regulatory Flexibility Act, Executive Order
12866, and any other statutes or Executive Orders relevant to those
rules and in effect at the time of promulgation.
Public Participation
A. Comments Sought
ATF is requesting comments on this advance notice of proposed
rulemaking from all interested persons. ATF is also specifically
requesting comments on the clarity of this advance notice and how it
may be made easier to understand.
All comments must reference this document docket number (ATF 26A),
be legible, and include the commenter's name and mailing address. ATF
will treat all comments as originals and it will not acknowledge
receipt of comments.
Comments received on or before the closing date will be carefully
considered. Comments received after that date will be given the same
consideration if it is practical to do so, but assurance of
consideration cannot be given except as to comments received on or
before the closing date.
B. Confidentiality
Comments, whether submitted electronically or in paper format, will
be made available for public viewing at ATF, and on the Internet as
part of the eRulemaking initiative, and are subject to the Freedom of
Information Act. Commenters who do not want their name or other
personal identifying information posted on the Internet should submit
their comment by mail or facsimile, along with a separate cover sheet
that contains their personal identifying information. Both the cover
sheet and comment must reference this docket number. Information
contained in the cover sheet will not be posted on the Internet. Any
personal identifying information that appears within the comment will
be posted on the Internet and will not be redacted by ATF.
Any material that the commenter considers to be inappropriate for
disclosure to the public should not be included in the comment. Any
person submitting a comment shall specifically designate that portion
(if any) of his comment that contains material that is confidential
under law (e.g., trade secrets, processes, etc.). Any portion of a
comment that is confidential under law shall be set forth on pages
separate from the balance of the comment and shall be prominently
marked ``confidential'' at the top of each 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
Comments may be submitted in any of three ways:
Mail: Send written comments to the address listed in the
ADDRESSES section of this document. Written comments must appear in a
minimum 12 point size of type (.17 inches), include the commenter's
mailing address, be signed, and may be of any length.
Facsimile: Submit comments by facsimile transmission to
(202) 648-9741. Faxed comments must:
(1) Be legible and appear in a minimum 12 point size of type (.17
inches);
(2) Be on 8\1/2\ x 11 paper;
(3) Contain a legible, written signature; and
(4) Be no more than five pages long. ATF will not accept faxed
comments that exceed five pages.
Federal eRulemaking Portal: Submit comments to ATF via the
Federal eRulemaking portal by visiting https://www.regulations.gov and
following the instructions for submitting comments.
Disclosure
Copies of the petition, this advance notice, and the comments
received will be available for public inspection by appointment during
normal business hours at: ATF Reading Room, Room 1E-063, 99 New York
Avenue, NE., Washington, DC 20226; telephone (202) 648-7080.
Drafting Information
The author of this document is Scott P. Armstrong-Cezar;
Enforcement Programs and Services; 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 of 18 U.S.C. 847.
Approved: September 3, 2010.
Kenneth E. Melson,
Deputy Director.
[FR Doc. 2010-23042 Filed 9-15-10; 8:45 am]
BILLING CODE 4410-FY-P
