The ATF still hasn't published their threatened change to the Propellant Actuated Device definition (they still have one more day in May before their latest estimate in the agenda goes bust) but they did publish the final rule on marking explosives.
Their were only two comments. The rule making started with a petition from the Institude of Makers of Explosives (IME) dated 7 March 2000. The ATF then published an advanced Notice of Proposed Rule Making on 13 November 2000 followed by a Notice of Proposed Rule Making on 16 October 2002. Two and a half years to consider two comments. No wonder it is taking them so long to process the 1,000+ comments to NPRM 968.
The new rules are effective 26 July 2005.
The rules require that imported explosives be marked within 15 days of clearing customs. Which is an improvement over the 24 hour requirement that was in the notice. This will impact imports of Cesaroni motors.
The LEUP is dead! Long live the EUP!
It has also removed the explosives class limitation from the permits. Now if I want to purchase high explosives, I do not first have to upgrade my permit. I can just buy them. I expect that this will require a change to the application form to remove the now redundant permit types. I also expect that the ATF will be very slow in making the changes.
The reasoning behind this change in the NPRM was tortured at best. Surprisingly, there were no comments on this change. The original reasoning was that the ATF was inspecting permitees and frequently finding that they had started purchasing/using/storing high explosives when they only had a low explosives permit. The ATF's "solution" to this problem was to delete the distinction between classes of explosives on permits.
If, for some reason, you want to read the final rule (perhaps a case of insomnia) you can find it here:
I just noticed something a bit bizzare. When discussing the cost of marking imported explosives, the ATF referred to a U.S. Census Bureau figure for the amount of explosives imported. Apparantly the agency in charge of regulating explosives has no idea how much is imported!