Proposed Rule2026-19691
Explosives Magazine Safety Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 25, 2026
Issuing agencies
Justice DepartmentAlcohol, Tobacco, Firearms, and Explosives Bureau
Abstract
The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to streamline requirements for maintaining structures used for storing explosives, called "magazines." ATF proposes consolidating many requirements from four regulatory sections into one, while eliminating other provisions within those sections. The new section would address three topics: safety requirements outside a magazine, inside a magazine, and storing requirements. This proposal would remove unnecessary provisions and examples confusing to the public; update other provisions; and rescind two regulatory sections. The consolidated regulation would also incorporate ATF guidance authorizing alternative methods for storing explosives within containers.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 185 (Friday, September 25, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 185 (Friday, September 25, 2026)]
[Proposed Rules]
[Pages 60920-60925]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19691]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 555
[Docket No. ATF-2026-0364; 2025R-34P]
RIN 1140-AA67
Explosives Magazine Safety Requirements
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives
(``ATF'') proposes amending Department of Justice (``Department'')
regulations to streamline requirements for maintaining structures used
for storing explosives, called ``magazines.'' ATF proposes
consolidating many requirements from four regulatory sections into one,
while eliminating other provisions within those sections. The new
section would address three topics: safety requirements outside a
magazine, inside a magazine, and storing requirements. This proposal
would remove unnecessary provisions and examples confusing to the
public; update other provisions; and rescind two regulatory sections.
The consolidated regulation would also incorporate ATF guidance
authorizing alternative methods for storing explosives within
containers.
DATES: Comments must be submitted in writing, and must be submitted on
or before (or, if mailed, must be postmarked on or before) November 24,
2026. Commenters should be aware that the federal e-rulemaking portal
comment system will not accept comments after midnight Eastern Time on
the last day of the comment period.
ADDRESSES: You may submit comments, identified by RIN 1140-AA67, by
either of the following methods--
<bullet> Federal e-rulemaking portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Mail: ATF Rulemaking Comments; Mail Stop 6N-518, Office of
Regulatory Affairs; Enforcement Programs and Services; Bureau of
Alcohol, Tobacco, Firearms, and Explosives; 99 New York Ave. NE;
Washington, DC 20226; ATTN: RIN 1140-AA67.
Instructions: All submissions must include the agency name and
number (RIN 1140-AA67) for this notice of proposed rulemaking (``NPRM''
or ``proposed rule''). ATF may post all properly completed comments it
receives from either of the methods described above, without change, to
the federal e-rulemaking portal, <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
includes any personally identifying information (``PII'') or business
proprietary information (``PROPIN'') submitted in the body of the
comment or as part of a related attachment they want posted. Commenters
who submit through the federal e-rulemaking portal and do not want any
of their PII posted on the internet should omit it from the body of
their comment and in any uploaded attachments that they want posted. If
online commenters wish to submit PII with their comment, they should
place it in a separate attachment and mark it at the top with the
marking ``CUI//PRVCY.'' Commenters who submit through mail should
likewise omit their PII or PROPIN from the body of the comment and
provide any such information on the cover sheet only, marking it at the
top as ``CUI//PRVCY'' for PII, or as ``CUI//PROPIN'' for PROPIN. 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. In accordance
with 5 U.S.C. 553(b)(4), a summary of this rule may be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Commenters must submit comments by using one of
the methods described above, not by emailing the address set forth in
the following paragraph.
FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs, by email
at <a href="/cdn-cgi/l/email-protection#d9968b9899b8adbff7beb6af"><span class="__cf_email__" data-cfemail="5f100d1e1f3e2b3971383029">[email protected]</span></a>, by mail at Office of Regulatory Affairs; Enforcement
Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and
Explosives; 99 New York Ave. NE; Washington, DC 20226, or by telephone
at 202-648-7070.
SUPPLEMENTARY INFORMATION:
I. Background
Title XI of the Organized Crime Control Act of 1970 (``OCCA''),
Public Law 91-452, 84 Stat. 922 (1970), added 18 U.S.C. chapter 40
(Importation, Manufacture, Distribution, and Storage of Explosive
Materials).\1\ One of the stated purposes for title XI was 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 ATF (``Director''),
subject to the direction of the Attorney General and the Deputy
Attorney General.\2\ See 28 U.S.C. 599A(b)(1), (c)(1); 28 CFR
0.130(a)(1)-(2); Treas. Order No. 221(2)(a), (d), 37 FR 11696-97 (June
10, 1972). Regulations in 27 CFR part 555 implement title XI.
---------------------------------------------------------------------------
\1\ Some provisions of 18 U.S.C. chapter 40 still refer to the
``Secretary of the Treasury.'' However, the Homeland Security Act of
2002, Public Law 107-296, 116 Stat. 2135, transferred the functions
of ATF from the Department of the Treasury to the Department of
Justice, under the general authority of the Attorney General. 26
U.S.C. 7801(a)(2); 28 U.S.C. 599A(c)(1). Thus, for ease of
reference, this proposed rule refers to the Attorney General where
relevant.
\2\ In Attorney General Order Number 6353-2025, the Attorney
General delegated authority to the Director to issue regulations
pertaining to matters within ATF's jurisdiction, including under
OCCA, the National Firearms Act, and the Gun Control Act. ATF's
jurisdiction also includes the Arms Export Control Act and the
Contraband Cigarette Trafficking Act.
---------------------------------------------------------------------------
Federal law requires any person who stores explosive materials to
do so in conformity with federal regulations. See 18 U.S.C. 842(j).
Currently, under the regulations at 27 CFR 555.212, smoking, matches,
open flames, and spark-producing devices are prohibited in any
explosives magazine,\3\ within 50 feet of an outdoor magazine, and in
any room containing an indoor magazine. In addition, the regulation at
Sec. 555.213(b) prohibits licensees/permittees \4\ from
[[Page 60921]]
storing detonators in the same magazine with other explosive materials,
except in limited circumstances.
---------------------------------------------------------------------------
\3\ A magazine is any building or structure, other than an
explosives manufacturing building, used for storing explosive
materials. See 27 CFR 555.11.
\4\ A licensee is any federal explosives importer, manufacturer,
or dealer licensed under 27 CFR part 555. A permittee is any user of
explosives for a lawful purpose who has obtained either a user
permit or limited permit under part 555. See 27 CFR 555.11.
---------------------------------------------------------------------------
Similarly, under the regulations at Sec. 555.214 licensees/
permittees must not place containers of explosive materials directly
against a wall or block ventilation; must store containers of explosive
materials so that markings \5\ are visible, easily counted, and easily
checked during inspection; may not unpack or repack metal containers in
the magazine or within 50 feet of the magazine or other explosive
materials; must close containers of explosive materials while they are
being stored; and must use non-sparking tools to open or close
containers of explosive materials.
---------------------------------------------------------------------------
\5\ This rule uses the term ``markings'' in a manner synonymous
with the term ``marks'' as used in previous ATF regulations and
guidance documents. Although both terms have been used in the past,
ATF intends to generally use the term ``markings'' going forward
based on public feedback that the term ``marks'' can sometimes be
confusing. The regulatory text proposed by this rule accordingly
also uses the term ``markings.''
---------------------------------------------------------------------------
The requirement to store containers so that markings are visible
has been the subject of particular discussion in the past. This
requirement is beneficial in that it helps ensure that containers can
be easily counted and checked, thus allowing efficient and reasonable
inspections while minimizing the need to move explosive materials. This
requirement, however, can also be difficult to implement, and some
licensees/permittees have informed ATF that it is often impractical to
store explosive materials in a way that allows the label on each
container to be visible. For example, shippers often stack multiple
containers of explosive materials on a pallet, but this arrangement
does not lend itself to easy access to each container or the ability to
see each one of its markings. Similarly, space limitations may compel
licensees/permittees to arrange containers in consecutive rows, with
little or no space between the rows. In both situations, the labels and
markings on containers that are not in the front row are not visible,
making it difficult for ATF to inspect them.
After considering these situations and industry input, ATF issued
ATF Ruling 2010-2,\6\ which authorizes licensees/permittees to use a
variance from Sec. 555.214's visible-markings requirement, as long as
the licensees/permittees meet other requirements. If the containers
have identical markings on the labels, licensees/permittees may store
them so that some of the containers or labels are not readily visible,
as long as the stocks of explosive materials can be reasonably
accessed, counted, and checked during an inspection. If the containers
are of different explosive materials, or are of the same materials but
with different dates or shift codes on the labels, licensees/permittees
may store them so that the labels on some of the containers are not
readily visible, as long as the licensee/permittee (1) maintains an
accurate, complete, and updated list of all the explosive materials on
the pallet or in the stacked group, including the markings for each
container and the quantity and type of explosive materials, and (2)
ensures they can be reasonably accessed, counted, and checked during
inspection.
---------------------------------------------------------------------------
\6\ ATF Ruling 2010-2, Visibility of Marks on Explosive
Containers Stored in Magazines (June 4, 2010), <a href="https://www.atf.gov/explosives/docs/ruling/2010-2-visibility-marks-explosives-containers-stored-magazines/download">https://www.atf.gov/explosives/docs/ruling/2010-2-visibility-marks-explosives-containers-stored-magazines/download</a> [<a href="https://perma.cc/CE23-4NWF">https://perma.cc/CE23-4NWF</a>].
---------------------------------------------------------------------------
Additionally, under the regulations at Sec. 555.215, licensees/
permittees must keep the interior of explosive magazines clean; must
clean floors contaminated by explosive materials; must destroy
deteriorated explosive materials according to the manufacturer's
instructions; must keep the area around the magazine clear of rubbish,
brush, or dry grass; and must keep volatile materials more than 50 feet
from an outdoor magazine.
II. Proposed Rule
ATF has embarked on an effort to modernize federal explosives
regulations. This proposed rule would contribute to that ongoing effort
by streamlining explosives storage requirements in 27 CFR 555.212,
555.213, 555.214, and 555.215 by combining the requirements into Sec.
555.212. The proposed new Sec. 555.212 would also incorporate guidance
from ATF Ruling 2010-2, allowing licensees/permittees to store
explosives containers in magazines so that markings on some of the
containers are not visible, as long as the licensee/permittee maintains
an accurate list of the explosive materials and containers. ATF Ruling
2010-2 would be rescinded when the final rule is effective.
Consolidating these regulations would make it easier for persons
who store explosive materials to find all the magazine safety and
maintenance requirements in one section. In addition to consolidating,
ATF also proposes eliminating some requirements to better align with
industry practices without compromising public safety, revising the
requirements to be easier to read, removing extra detail, and grouping
requirements for greater clarity.
The requirements in the current Sec. 555.212, regarding the
prohibition against smoking and open flames, would be consolidated into
a single paragraph in the new Sec. 555.212. That prohibition would be
grouped with a new paragraph that would clarify that transportation
vehicles may temporarily park near a magazine to load and unload
explosive materials.
The requirements in Sec. 555.214, regarding storing explosives
within types 1,2, 3, and 4 magazines, would remain separate paragraphs
in the new Sec. 555.212. The regulation would still require explosive
materials containers to be stored so that the markings are visible
because doing so better facilitates accurate inventories, accounting,
and inspections while minimizing movement of the explosive materials.
However, the proposed rule would permit licensees/permittees to store
explosives containers on a pallet or in a stacked group in which some
of the labels and markings are not visible, as long as the licensee/
permittee maintains an accurate, complete, and updated list of the
explosive materials on the pallet or stacked group.
ATF would revise the general requirement in Sec. 555.214(c) that
persons be at least 50 feet from a magazine when unpacking or repacking
explosive materials except when the materials are in fiberboard or
other nonmetal containers. Rather than stating the exceptions to the
requirement, which are extra details that have been confusing to
members of the regulated public, ATF would clarify that the requirement
applies only to explosives stored in metal containers, thereby changing
it from an apparently broad restriction with two exceptions to a narrow
restriction that clearly applies only when using metal containers. ATF
also would eliminate the unnecessary requirement in Sec. 555.214(c)
that explosives containers must be closed while being stored, due to
changes in modern explosives and storage options.
ATF would retain the requirement in Sec. 555.214(d) that
licensees/permittees may use only tools made of non-sparking materials
to open or close explosives containers. However, this proposed rule
would eliminate the additional specifications on which materials must
be used to make these tools. In addition, licensees/permittees would no
longer need to ensure that the containers of explosive materials are
not placed against the magazine wall or do not interfere with the
ventilation. These proposed changes align with current industry
practices as well as
[[Page 60922]]
developments in technology and magazine construction that have
addressed the concerns that first gave rise to the requirements. Thus,
the proposed changes do not pose a threat to public safety.
The requirements in Sec. 555.215, regarding storing explosives
within relevant magazines, would become separate paragraphs in the new
Sec. 555.212. Licensees/permittees would still have to keep magazines
clean, but the extra details about grit, paper, empty packages, and
containers would be removed. This is because industry practices,
independent of ATF's regulations, have evolved over the years as trade
associations and other industry members have recognized the safety-
related and financial benefits of maintaining magazines, thereby
rendering these aspects of the regulations moot. In addition, ATF would
eliminate the requirement to keep magazines dry because magazines that
meet the construction requirements in subpart K will stay dry inside.
All brooms and other cleaning utensils used in magazines would still
have to be non-sparking. Floors contaminated by explosive materials and
deteriorated explosive materials would still have to be cleaned or
destroyed, respectively, in accordance with manufacturer instructions.
Licensees/permittees would still have to maintain a 25-foot perimeter
surrounding an outdoor magazine that would have to be kept free of
rubbish, brush, or dry grass. However, trees of any height would be
permitted within the 25-foot perimeter because of developments in
industry practices that have rendered the existing regulatory tree
restriction moot.
Finally, the requirement to keep volatile materials at least 50
feet from an outdoor magazine would be incorporated into the paragraph
with smoking and open flames because the same general requirements
apply to these hazards. However, ATF would include a new exception to
the requirement not to store volatile materials in a magazine by
permitting fuel to be stored in vehicular magazines.\7\
---------------------------------------------------------------------------
\7\ A vehicular magazine is, essentially, any vehicle that meets
Department of Transportation requirements for transporting explosive
materials. ATF will be adding a definition of this term to Sec.
555.11 in another rule.
---------------------------------------------------------------------------
III. Statutory and Executive Order Review
A. Executive Orders 12866 and 13563
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 (Improving Regulation and Regulatory Review)
emphasizes the importance of agencies quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting public
flexibility.
The Office of Management and Budget (``OMB'') has determined that
this proposed rule would not be a ``significant regulatory action''
under Executive Order 12866. Therefore, it did not review this rule.
ATF provides the following analysis to comply with Executive Orders
12866 and 13563.
1. Need Statement
This rule proposes several simplifying and deregulatory amendments
to clarify conditions, expectations, and requirements related to
explosives storage in order to reduce burdens on the regulated industry
and increase understanding and compliance, while minimizing public
safety implications. The maintenance requirements in existing
regulations are split apart in an inefficient manner and include
unnecessary requirements that can be confusing without adding safety
benefits. Consolidating the provisions and removing or streamlining
requirements as proposed would address these issues and reduce
compliance burdens.
2. Benefits
The benefits of the proposed regulatory changes are mostly
qualitative and de minimis. They include reducing inconvenience,
aligning regulatory requirements more closely with certain industry
practices--which make certain requirements unnecessary due to changes
in materials and construction options--and avoiding potential confusion
among industry partners. Both ATF and industry partners consider
implementing precautions to safeguard explosives to be a key objective.
In line with that perspective, most explosives industry members have,
since the regulations were last updated, adopted policies and
precautions within their own industry standards to avoid loss of life,
serious bodily harm, and destructive consequences of accidental
detonations on private facilities and public infrastructure.
Streamlining and consolidating the regulatory requirements, eliminating
extra details, and making the writing easier to understand would reduce
potential confusion for industry newcomers and smaller operations and
provide some relief from minor compliance burdens.
3. Costs
ATF does not expect any costs to result from the proposed rule. The
proposed changes are deregulatory in nature and primarily modify
storing and housekeeping regulations to simplify and streamline the
protocols, while retaining key provisions that continue to
substantially enhance public safety. To ATF's knowledge, none of the
provisions ATF proposes removing has been essential to preventing any
explosives incident involving a magazine. As a result, ATF proposes
removing them from the regulations as unnecessary. It is ATF's informed
view, based on decades of experience with the current regulations and
frequent discussions with members of industry, that doing so will not
require sacrificing safety. The qualitative benefits discussed above
are therefore not counterbalanced by material costs or increased public
safety risks.
4. Regulatory Alternatives
Alternative 1: The primary alternative considered to this proposed
rule was to continue under the regulatory status quo. The current
regulatory requirements are broad and repetitive, imposing
inconveniences on regulated industry, requiring practices that are
aligned less closely with industry developments, and causing potential
confusion among industry partners. This alternative was deemed to pose
a larger qualitative burden on the public than the approach adopted in
this proposed rule without any countervailing increase in public
safety.
Alternative 2: ATF considered the alternative of retaining Ruling
2010-2 as a variance while keeping the regulatory requirement for
visible labels and markings intact. However, ATF believes that having
two separate requirements within the ruling based on whether the
markings are similar or different causes unnecessary confusion. ATF
also believes that having one requirement, regardless of the markings
on the packaged explosive materials, would provide industry with a
single clear requirement.
Alternative 3: ATF considered rescinding the regulatory requirement
for visible markings entirely. However, ATF believes that rescinding
the requirement would increase the need to move explosive materials to
verify the markings during ATF inspections and when industry members
conduct their own inventories. Moving explosive materials more often
would increase the risk of accidents because such materials
[[Page 60923]]
are often highly sensitive to motion triggers. Allowing industry
members the option to instead provide ATF with a list of explosive
materials when markings are not visible would decrease the need to move
explosive materials to see markings on other stacks while still
facilitating ATF inspections and industry inventories.
B. Executive Order 14192
Executive Order 14192 (Unleashing Prosperity through Deregulation)
requires an agency, unless prohibited by law, to identify at least ten
existing regulations to be repealed or revised when the agency publicly
proposes for notice-and-comment or otherwise promulgates a new
regulation that qualifies as an Executive Order 14192 regulatory action
(defined in OMB Memorandum M-25-20 as a final significant regulatory
action under section 3(f) of Executive Order 12866 that imposes total
costs greater than zero). In furtherance of this requirement, section
3(c) of Executive Order 14192 requires that any new incremental costs
associated with such new regulations must, to the extent permitted by
law, also be offset by eliminating existing costs associated with at
least ten prior regulations. However, this proposed rule would not be
an Executive Order 14192 regulatory action because it is not a
significant regulatory action as defined by Executive Order 12866 and
would not impose total costs greater than zero. This proposed rule
would simplify and reduce requirements for maintaining storage
magazines to clarify conditions, expectations, and requirements; reduce
burdens on regulated industry members; and increase understanding and
compliance. It would result in qualitative benefits to the public
without increasing costs or burdens. As a result, ATF expects this
rule, if finalized as proposed, to qualify as an Executive Order 14192
deregulatory action (defined by OMB Memorandum M-25-20 as a final
action that imposes total costs less than zero).
C. Executive Order 14294
Executive Order 14294 (Fighting Overcriminalization in Federal
Regulations) requires agencies promulgating regulations with criminal
regulatory offenses potentially subject to criminal enforcement to
explicitly describe the conduct subject to criminal enforcement, the
authorizing statutes, and the mens rea standard applicable to each
element of those offenses. This proposed rule would not create a
criminal regulatory offense and is thus exempt from Executive Order
14294 requirements.
D. Executive Order 13132
This proposed rule would not have substantial direct effects on the
states, the relationship between the federal government and the states,
or the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132 (Federalism), the Director has determined that
this proposed rule would not impose substantial direct compliance costs
on state and local governments, preempt state law, or meaningfully
implicate federalism. It thus does not warrant preparing a federalism
summary impact statement.
E. Executive Order 12988
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice
Reform).
F. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, agencies
are required to conduct a regulatory flexibility analysis of any
proposed rule subject to notice-and-comment rulemaking requirements
unless the agency head certifies, including a statement of the factual
basis, that the proposed rule would not have a significant economic
impact on a substantial number of small entities. Small entities
include certain small businesses, small 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.
The Director certifies, after consideration, that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule is deregulatory because it
proposes to reduce burdens on industry by streamlining magazine
maintenance requirements, eliminating unnecessary requirements, and
consolidating the remaining requirements in one section. It therefore
would reduce time and compliance burdens for small businesses and would
create no costs or barriers to entry.
G. Unfunded Mandates Reform Act of 1995
This proposed rule does not include a federal mandate that might
result in the expenditure by state, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year, and it would not significantly or uniquely affect small
governments. Therefore, the ATF has determined that no actions are
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
H. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (``PRA''), 44 U.S.C.
3501-3521, agencies are required to submit to OMB, for review and
approval, any information collection requirements a rule creates or any
impacts the rule has on existing information collections. An
information collection includes any reporting, recordkeeping,
monitoring, posting, labeling, or other similar actions an agency
requires of the public. See 5 CFR 1320.3(c). This proposed rule, if
finalized, would require revising an existing information collection
covered by the PRA under OMB control number 1140-0030, Records and
Supporting Data: Importation, Receipt, Storage, and Disposition by
Explosives Importers, Manufacturers, Dealers, and Users Licensed under
Title 18 U.S.C. chapter 40 Explosives (the title of which would be
revised to Records and Supporting Data Requirements for Explosives
Licensees/Permittees). It would do so by incorporating into the new 27
CFR 555.212 the requirement currently found in Ruling 2010-2 that
licensees/permittees must maintain an accurate, complete, and updated
list of all the explosive materials in containers being stored on a
pallet or in a stacked group if the containers and their labels are not
all visible. There is no form associated with this information
collection request (``ICR'').
Title: Records and Supporting Data Requirements for Explosives
Licensees/Permittees.
OMB control number: 1140-0030.
ATF form number: None.
Summary of the information collection: 18 U.S.C. 842(f) states that
it is unlawful for any licensee/permittee willfully to manufacture,
import, purchase, distribute, or receive explosive materials without
making such records as are required by regulation, including, but not
limited to, a statement of intended use, the name, birthdate,
birthplace, social security number or taxpayer identification number,
and residence address of any person to whom a licensee/permittee
distributes explosive materials (or comparable information for any
entity to which the licensee/permittee distributes the materials).
ATF regulations at Sec. Sec. 555.121 through 129 set out the
record-keeping requirements for all explosives licensees/permittees.
The records cover daily importing, manufacturing, receiving, storing,
and disposing activities for all explosive materials
[[Page 60924]]
covered under 18 U.S.C. chapter 40. In addition to the information
specified in the statute, each licensee/permittee must maintain all
records on acquiring or disposing of explosive materials, whether
temporarily or permanently. These include records on importing,
producing, shipping, receiving, selling, or other methods of acquiring
or disposing of explosives.
Need for information and proposed use: Title XI of the Organized
Crime Control Act of 1970 was enacted to reduce domestically
perpetrated criminal acts involving explosives and today covers both
domestic and foreign terrorism acts, and ATF's regulations in 27 CFR
part 555 were developed to implement the statute and its safety goals.
The regulations require licensees/permittees to maintain records to
show where and to whom they transfer explosive materials and where
those materials are located. This regime ensures that the licensee/
permittee and ATF will be able to readily notice any diversions and
that ATF will be immediately notified if such materials are lost or
stolen. The records also serve to meet statutory requirements. Without
these records, accounting for explosive materials would be negatively
affected, which in turn would increase the threat to public safety.
Description of the respondents: Federal explosives licensees/
permittees.
Number of respondents: 9,096 respondents.
Frequency of response: Annually.
Burden of response: 12.6 hours. This proposed rule would add 0.1667
additional burden hours per respondent to this ICR.
Annual burden of response: 114,610 hours. This proposed rule would
add 1,516 industry burden hours to the existing burden for a total of
116,126 total hours.
I. Congressional Review Act
This proposed rule would not be a major rule as defined by the
Congressional Review Act, 5 U.S.C. 804.
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 it may be made easier to understand. In addition,
ATF requests comments on the costs or benefits of the proposed rule and
on the appropriate methodology and data for calculating those costs and
benefits.
All comments must reference this document's RIN 1140-AA67 and, if
handwritten, must be legible. If submitting by mail, you must also
include your complete first and last name and contact information. If
submitting a comment through the federal e-rulemaking portal, as
described in section IV.C of this preamble, you should carefully review
and follow the website's instructions on submitting comments. Whether
you submit comments online or by mail, ATF will post them online. If
submitting online as an individual, any information you provide in the
online fields for city, state, zip code, and phone will not be publicly
viewable when ATF publishes the comment on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
However, if you include such personally identifying information
(``PII'') in the body of your online comment, it may be posted and
viewable online. Similarly, if you submit a written comment with PII in
the body of the comment, it may be posted and viewable online.
Therefore, all commenters should review section IV.B of this preamble,
``Confidentiality,'' regarding how to submit PII if you do not want it
published online. ATF may not consider, or respond to, comments that do
not meet these requirements or comments containing excessive profanity.
ATF will retain comments containing excessive profanity as part of this
rulemaking's administrative record but will not publish such documents
on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. ATF will treat all comments as
originals and will not acknowledge receipt of comments. In addition, if
ATF cannot read your comment due to handwriting or technical
difficulties and cannot contact you for clarification, ATF may not be
able to consider your comment.
ATF will carefully consider all comments, as appropriate, received
on or before the closing date.
B. Confidentiality
ATF will make all comments meeting the requirements of this
section, whether submitted electronically or on paper, and except as
provided below, available for public viewing on the internet through
the federal e-rulemaking portal, and subject to the Freedom of
Information Act (5 U.S.C. 552). Commenters who submit by mail and who
do not want their name or other PII posted on the internet should
submit their comments with a separate cover sheet containing their PII.
The separate cover sheet should be marked with ``CUI//PRVCY'' at the
top to identify it as protected PII under the Privacy Act. Both the
cover sheet and comment must reference this RIN 1140-AA67. For comments
submitted by mail, information contained on the cover sheet will not
appear when posted on the internet but any PII that appears within the
body of a comment will not be redacted by ATF and may appear on the
internet. Similarly, commenters who submit through the federal e-
rulemaking portal and who do not want any of their PII posted on the
internet should omit such PII from the body of their comment and in any
uploaded attachments. However, PII entered into the online fields
designated for name, email, and other contact information will not be
posted or viewable online.
A commenter may submit to ATF information identified as proprietary
or confidential business information by mail. To request that ATF
handle this information as controlled unclassified information
(``CUI''), the commenter must place any portion of a comment that is
proprietary or confidential business information under law or
regulation on pages separate from the balance of the comment, with each
page prominently marked ``CUI//PROPIN'' at the top of the page.
ATF will not make proprietary or confidential business information
submitted in compliance with these instructions available when
disclosing the comments that it receives but will disclose that the
commenter provided proprietary or confidential business information
that ATF is holding in a separate file to which the public does not
have access. If ATF receives a request to examine or copy this
information, it will treat it as any other request under the Freedom of
Information Act (5 U.S.C. 552). In addition, ATF will disclose such
proprietary or confidential business information to the extent required
by other legal process.
C. Submitting Comments
Submit comments using either of the two methods described below
(but do not submit the same comment multiple times or by more than one
method). Hand-delivered comments will not be accepted.
<bullet> Federal e-rulemaking portal: ATF recommends that you
submit your comments to ATF via the federal e-rulemaking portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the instructions. 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 that is provided after you have successfully uploaded
your comment.
<bullet> Mail: Send written comments to the address listed in the
ADDRESSES section
[[Page 60925]]
of this document. Written comments must appear in minimum 12-point font
size, include the commenter's first and last name and full mailing
address, and may be of any length. See also section IV.B of this
preamble, ``Confidentiality.''
Disclosure
Copies of this proposed rule and the comments received in response
to it are available through the federal e-rulemaking portal, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (search for RIN 1140-AA67).
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.
For the reasons discussed in the preamble, ATF proposes to amend 27
CFR part 555 as set forth below:
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. Revise Sec. 555.212, including its heading, to read as follows:
Sec. 555.212 Storage safety and maintenance requirements.
(a) Outside a magazine. Licensees/permittees:
(1) Must maintain a 25-foot perimeter around all outdoor magazines
that is free of rubbish, brush, and dry grass;
(2) May temporarily park vehicles that transport explosive
materials near a magazine to load and unload explosive materials;
(3) Must unpack or repack all metal containers of explosive
materials outside a magazine, at least 50 feet from the magazine; and
(4) May not allow smoking, open flames, spark- or flame-producing
devices, and volatile materials (except fuel in temporarily parked
vehicular magazines) within 50 feet of any outdoor magazine.
(b) Inside a magazine. Licensees/permittees:
(1) Must keep magazines clean and clean any magazine contaminated
by explosive materials according to the manufacturer's advice or
instructions;
(2) Must destroy any deteriorating explosive materials in
accordance with the manufacturer's advice or instructions;
(3) May not allow smoking, open flames, spark- or flame-producing
devices, and volatile materials in any magazine or within any room
containing an indoor magazine; and
(4) Must use only non-sparking tools and cleaning utensils within a
magazine. They may use forklifts, pallet jacks, and other similar
equipment within a magazine to safely move explosives.
(c) Storing requirements. Licensees/permittees:
(1) Must store containers of explosive materials so that markings
are visible unless the licensee/permittee maintains and keeps available
for inspection an accurate, complete, and updated list of all the
explosive materials on a pallet or in a stacked group;
(2) May not store detonators in the same magazine with other
explosive materials, except under the following circumstances:
(i) In a type 4 magazine, licensees/permittees may store detonators
that will not mass-detonate with electric squibs, safety fuses, shock
tubes, igniters, and igniter cords; and
(ii) In a type 1 or type 2 magazine, licensees/permittees may store
detonators with delay devices and any of the items listed in paragraph
(c)(2)(i) of this section; and
(3) May not store in magazines forklifts, pallet jacks, or other
similar equipment used to move explosives.
0
3. Amend Sec. 555.213 by removing the designation from paragraph (a)
and removing all of paragraph (b).
0
4. Remove and reserve Sec. 555.214.
Sec. 555.214 [Reserved]
0
5. Remove and reserve Sec. 555.215.
Sec. 555.215 [Reserved]
Robert Cekada,
Director.
[FR Doc. 2026-19691 Filed 9-24-26; 8:45 am]
BILLING CODE 4410-FY-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 25, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.