ATF TEMPORARILY SUSPENDS EXPLOSIVES RULES

ATF TEMPORARILY SUSPENDS EXPLOSIVES RULES    In the last two weeks industry groups in the United States and Canada on have furiously lobbied their governments to get the U.S. Bureau of Alcohol, Tobacco and Firearms to change its mind or clarify several regulations it plans to implement between now and May regarding the transport of explosives, according to government and industry sources.
   One of the rules originally set to go into effect Jan. 24 prohibits non-U.S. residents from possessing explosives, which ATF has determined includes truck drivers. Such a rule likely will cause at least a temporary halt in explosives trade across the border because Canadian drivers handle so many shipments.
   Bernard Etzinger, a spokesman with the Canadian Embassy in Washington, told American Shipper his government sent a diplomatic note to the State Department expressing concern about ATF’s interpretation of Canadian drivers as aliens. “We asked that Canadian companies and individuals be granted national treatment and be treated the same as U.S. firms. We believe that the new regulations may be discriminatory and contrary to [North American Free Trade Agreement] obligations,” he said.
   Lisa Jones, an inspector with ATF’s Public Safety Division, confirmed late Friday that the agency has postponed enforcement of the rules affecting cross-border transportation until close of business Monday, Jan. 27.
   According to government and industry sources, several U.S. agencies have met in the last 10 days to try and sort out the confusion, with the Department of Justice expected to weigh in soon with a decisive ruling on the matter. The Justice Department is involved in the matter because ATF transferred from the Treasury Department to Justice Jan. 24 as part of the massive government reorganization designed to improve law enforcement and domestic security.
      “We are in the process of dealing with [the ATF enforcement plan],” Jim Mitchell, a spokesman for the Transportation Department’s Research and Special Projects Administration, said without commenting further. RSPA is the agency with authority to set rules governing the transport of explosives.
   [For more details please see Jan. 27 Shippers’ News Wire]