ATF FEELS HEAT FOR EXPLOSIVES RULE, GRANTS EXTENSION TO FOREIGN DRIVERS

ATF FEELS HEAT FOR EXPLOSIVES RULE, GRANTS EXTENSION TO FOREIGN DRIVERS    For the second time in a week the Bureau of Alcohol, Tobacco and Firearms has suspended enforcement of a new explosives regulation as it tries to contain a firestorm of criticism that the agency rushed to implement a series of rules without sufficient consultations with industry and other federal agencies.
   A provision of the Safe Explosives Act passed last year prohibits persons who are not legal U.S. residents from possessing explosives, and ATF has determined the rule applies to those transporting the materials between manufacturer and purchaser, potentially affecting the flow of goods moved by Canadian truck drivers.
   The rule was scheduled to go into affect Jan. 24, but ATF postponed implementing the rule until Tuesday to try and clear-up questions of jurisdiction over the transport of explosives, an area typically under the domain of the Department of Transportation, and respond to industry protests that their businesses could be severely affected due to the lack of notice about the rule change.
   According to industry sources ATF has since postponed enforcement of the rule affecting cross-border transportation until the end of the day on Feb. 3, and given the Transportation Department until then to come up with an interim final rule that pertains to Canadian drivers. If ATF finds the interim final rule acceptable it will let that rule go into affect instead of ATF's rules, a source said.
   Industry anger and confusion arises in part from the fact that ATF has set an enforcement deadline but has not publicized how it plans to implement background checks on drivers and other employees who handle explosives. The background checks appear to be a key component of application process by which foreign drivers can apply to have their explosives privileges reinstated.
   An ATF spokesman did not respond to a request to confirm the extension.