November 2005
11/30/05 Macquarie Bank Completes Acquisition - Oslow,Norway / Sydney,Australia. A consortium of investors led by Macquarie Bank Limited announced on November 30, 2005 that it has completed its acquisition of Dyno Nobel Holding ASA. The transaction was signed originally with the current owners, Industri Kaptial and Ensign-Bickford Industries on September 19.

11/29/05 ATF Issues Guidance on Inhabited Buildings - ATF has issued a ruling providing guidance on two situations involving structures and whether they are "inhabited buildings" under the explosives regulations.

11/01/05 The Government Accountability Office (GAO) Releases Testimony - The GAO today released the following Testimony before the Subcommittee on National Security, Emerging Threats, and International Relations, Committee on Government Reform, House of Representatives, entitled: ATF: Thefts of Explosives from State and Local Government Storage Facilities Are Few but May Be Underreported.

October 2005
10/31/05 ATF Asst Dir Lew Raden Testifies on Storage Security - ATF Assistant Director, Lew Raden testified today before the Subcommittee on National Security, Emerging Threats, and International Relations which is part of the Committee on Government Reform of the US House of Representatives. The hearing focused on Homeland Security: Surveillance and Monitoring of Explosive Storage Facilities and Enforcement Programs and Services.

September 2005
09/28/05 SEE Foundation Programs and Contribution Information Are Now at Your Fingertips - The International Society of Explosives Engineers has recently added newly designed Education Foundation web pages to its main homepage. The new pages highlight the Society and the Foundation's commitment to creating an exceptional array of programs, services, and scholarship offerings, providing members with better access to Foundation information, an opportunity to participate more fully, and to more easily contribute to the education activities of the Society.

09/19/05 Special Notice to Federal Explosives Licensees and Permittees in Hurricane Katrina Damaged Areas - In anticipation of numerous questions relating to Federal explosives licensees and permittees affected by Hurricane Katrina, ATF has devised Procedures to Follow When Explosives Are Lost or Stolen.

09/19/05 A Consortium of Investors to Acquire Dyno Nobel
Sydney, AUSTRALIA – A consortium of investors (Consortium) led by Macquarie Bank Limited (Macquarie), announced it was successful in its bid to acquire Dyno Nobel Holding ASA (Dyno Nobel Holding) for a total consideration of US$1,698 million.

09/18/05 ATF Announces Hotline Numbers for Katrina Affected Areas - NEW ORLEANS. Special Agent in Charge Mark Chait of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced two temporary ATF crisis hotline numbers.

The first number (1-800-366-9501) has been established for firearms and explosives industry members to report the status of their premises, records, and inventory. ATF agents have been visiting dealers in the area to determine if storefronts are secure and some dealers will discover that information has been left to assist them in the reestablishment of their businesses. An ATF representative will be available on the hotline to assist them between the hours of 7:00AM to 7:00PM (CST) seven days a week. After these hours they can leave their name and phone number and an ATF representative will return their call.

The second number (1-504-581-GUNS) of (4867) has been established for citizens to report information regarding violent criminals with firearms. Rewards will be given for the recovery of illegal and/or stolen firearms. ATF agents will be available 24 hours a day to answer this hotline.

09/17/05 Ensign-Bickford to Close Utah Plant - According to published reports, the Ensign-Bickford Company announced Friday that their Spanish Fork plant will close no later than February 28. EB had decided to get out of the commercial explosives business in 2003 and attempted unsuccessfully to sell the plant in Spanish Fork. The company will continue to manage shutdown and cleanup activities.

09/12/05 ATF Issues Guidance on the Definition of Public Highways - ATF has issued a ruling providing guidance to the explosives industry as to the meaning of the term “highway.”

09/01/05 Hours of Service Rules Lifted for Relief Efforts – As a result of the Presidential declaration of emergency, the "Relief from Regulations" section of the Federal Motor Carrier Regulations (49 CFR 390.23) is officially and automatically triggered. When triggered, this section provides automatic relief from most of the truck safety regulations including HOS for any motor carrier and driver providing "emergency relief during an emergency." To provide more information, the American Trucking Association has launched a "Katrina Relief Effort" website to get truckers the newest relevant information on the catastrophe and to direct motor carriers that wish to assist with the relief effort. The package includes notices of trucking-specific efforts by governors and the Federal Motor Carrier Safety Administration, as well as information on road closures, changes to operating regulations, and other critical information. The site will be updated as new information becomes available, the ATA says.

August 2005
08/26/05 IME Files Legal Challenge in PA – The Institute of Makers of Explosives (IME), the safety and security institute of the commercial explosives industry and the Pennsylvania Coal Association, joined by seven companies involved in the manufacture, storage and use of commercial explosives in Pennsylvania filed suit Wednesday, August 24, 2005 in the Commonwealth Court of Pennsylvania to block the further implementation and enforcement of regulations that impose unreasonable and unnecessary burdens on many Pennsylvania small businesses.

08/22/05 US DOJ Resubmits Explosives User Tax Proposal to Senate and House – This week the Department of Justice resubmitted the explosives user tax proposal to the US Senate and House. According to US Assistant Attorney General William Moschella, the legislative proposal would authorize the Attorney General to impose a user fee on explosives manufacturers and allow the ATF to use the funds for their programs, "...including administering and enforcing the Federal explosives laws."

08/19/05 USDOT FMCSA Issues New Hours-of-Service Rule – that spells out the length of time commercial drivers can operate trucks before they are required to take a break. According to FMCSA, the new rule is Based on Review of Medical Research and Traffic Safety Data - the product of years of research meant to keep drivers healthy and make highways safer, officials said today.
The new rule replaces Hours-of-Service regulations that were last updated in 2003. Parts of the rule, including the maximum driving time and minimum rest limits remain the same. However, the rule unveiled today includes changes affecting short-haul operators and longer distance drivers who use in-cab sleeper-berths for their rest.
  As in the 2003 regulations, the new rule prohibits truckers from driving more than eleven hours in a row, working longer than 14 hours in a shift and driving more than 60 hours over a seven day period or 70 hours over an eight day period, Administrator Sandberg said. In addition, the new rule requires truckers to rest for at least ten hours between shifts and provides a 34-hour period to recover from cumulative fatigue.
  FMCSA said it tasked driver health and safety experts to review over 1,000 health- and fatigue-related articles and studies and considered thousands of comments received from drivers, truck companies, safety advocates and researchers before settling on the new safety provisions. Based on this research, FMCSA concluded the new rule will keep drivers healthy and reduce the 5.5 percent of fatal truck crashes that are caused by driver fatigue.
  The most important change under the new rule now allows short-haul operators not required to hold a commercial drivers license, like landscape crews and delivery drivers who work within a 150 mile radius of their starting point, to extend their work day twice a week. They also will no longer have to maintain logbooks. The change was prompted by safety data that show short haul drivers make up over half the commercial fleet yet are involved in less than seven percent of the nation's fatigue-related fatal truck crashes, Administrator Sandberg said.
  Another change contained in the new rule requires truckers who use sleeper-berths to rest for eight hours in a row, and take another two consecutive hours off duty before resetting their daily driving schedule. Studies show that drivers are less likely to be fatigued if they take a single eight hour block of rest than if they break their rest into smaller periods of time as they were allowed under the previous rule.
  As in 2003, the new rule announced today applies only to commercial truck drivers, and not to passenger motor coach operators. Motor coach drivers are still covered by the Hours-of-Service rules in effect prior to 2003.
  The new rule will go into effect October 1, 2005. Sandberg pledged to work with states and the trucking community for the first three months the rule is in effect allowing them time to update educational materials, train employees and re-program driving schedules. During this transitional period, FMCSA and state law enforcement officials will monitor carriers for egregious violations of the new rule and pursue enforcement action where necessary. For more information, or to review the new Hours-of-Service rule, please go to www.fmcsa.dot.gov.

July 2005
07/18/05 ATF Posts Industry Newsletter – ATF has posted the most recent industry newsletter with discussions about a number of issues relating to regulation and licensing.

07/08/05 MSHA Blasting Alert Posted – An unplanned detonation of a blast hole occurred at a surface coal mine in Indiana in June. A total of 189 blast holes had been drilled, loaded, and primed for blasting. The mine was using the Orica electronic blasting system to set up the blast, check the circuitry, log and assign delay sequence timing, program and arm the electronic detonators for blasting, and to detonate the round. In preparation for the blast and once all personnel were off of the blast area at a point of safety, the blaster connected the Orica Logger to the Orica Blaster and then began the calibration and programming process. While the electronic detonators were being programmed, the number 173 blast hole unexpectedly detonated after a short time into the programming sequence. No injuries or property damage occurred. Thunderstorms and lightning had been noted in the area at the time of the incident. This incident is currently under investigation to determine the cause of the unplanned initiation of the number 173 blast hole.

June 2005
06/24/05 US Senate and House Reject Explosives User Tax - This month the House Appropriations Committee approved the FY 06 Science-State-Justice-Commerce appropriations bill which does not include new explosives regulatory fees. This week the Senate Subcommittee on Commerce, Justice and Science approved its version of the FY 06 Justice appropriations with funding for ATF but rejected the President's user tax/fee requests. A final Bill still needs to pass the Senate/House Conference Committee. According to the Senate committee, "...it would take the Department 18 to 24 months to implement the rule necessary to collect this fee." And, The Committee is disappointed by the Department's proposal of a $120,000,000 legislative fee on the explosives industry and a permit fee on users to fund existing base operations and programs of the ATF. The Committee understands the legislative proposal for the fee has yet to be transmitted to Congress and that if this fee were enacted today, it would take 2 years to put the regulatory structure in place before any funds could be collected. The Committee finds it is irresponsible to budget for ongoing fiscal year 2006 law enforcement operations with funds that do not exist. These types of creative financing schemes create significant problems for the Committee and could ultimately lead to a disruption to the Department's law enforcement programs. (Thanks to Cynthia Hilton for her work on behalf of the SSAFE Coalition on the Hill).

06/20/05 PA Regulations - A PA DEP Representative has told ISEE that DEP will be using enforcement discretion for the next 2 weeks with regards to the notification and daily inspections requirements (of PA 211) so that magazine licensees can implement these provisions more effectively.

06/17/05 DHS Fact Sheet Addressing Homeland Security - During remarks before the Senate Homeland Security and Government Affairs Committee, Acting Under Secretary for Information Analysis and Infrastructure Protection Directorate (IAIP) Robert Stephan announced that Secretary Chertoff has Outlined a Number of Core Principles that Should Guide the Development of a Regulatory Framework and that the Department has Not Waited for Legislation to Assist in Securing the Nation's Chemical Sector, in order to close remaining security gaps and further reduce risks to our nation's chemical sector.

06/16/05 PA Regulations Effective June 18....ISEE has received reports that the PA DEP regulations under Chapter 211 have been approved by the State Attorney General and will go into effect as of June 18, 2005. The notice is set to be published in the PA Bulletin on Saturday, June 18 - see their website for details at http://www.pabulletin.com. Note that the 24-hour inspection requirement comes into effect immediately when the notice is published and the 60-day countdown begins to submit plans to meet the new security requirements. PA DEP will be conducting informational meetings for licensees in various parts of the state in the coming weeks.

06/03/05 ATF Names Robert Pumpelly as New Explosives Industry Liaison....
ATF has named Inspector Robert Pumpelly as the new Explosives Industry Liaison to replace Gene Baker who retired in December. The Industry Liaison works closely with the Society to resolve member compliance concerns and helps to cut through red tape. Mr. Pumpelly is from Portland, Oregon, but will be serving in the post covering the entire country. According to Technical Vice President, Jerry Wallace, "Robert Pumpelly has been an integral part of the explosives industry in the Pacific Northwest for several years. He has participated as speaker and panel member at numerous meetings of the Pacific Northwest Chapter of the ISEE, and at ISEE sponsored Regulatory Conferences. Mr. Pumpelly has been forthright, willing to answer the tough questions and to resolve issues regarding the new Safe Explosives Act. Mr. Pumpelly has encouraged new ATF agents within his jurisdiction to obtain advanced training in explosives including through ISEE training courses. Bob is knowledgeable about the industry, a fact that should lead to continued good communication and further the interests of all in assuring the safe use, handling and storage of explosives for both workers and the general public."

06/01/05 TSA Begins third phase of Hazmat Threat Assessment Program - The Transportation Security Administration (TSA) began the third and final implementation phase of the Hazmat Threat Assessment Program this week with the fingerprinting of commercial truck drivers applying to renew or transfer the hazardous materials endorsement (HME) on their State-issued commercial drivers licenses. During phase one of the Hazmat Threat Assessment Program, TSA conducted name-based security threat assessments on all 2.7 million licensed hazardous materials (Hazmat) drivers to determine whether any presented a potential terrorist threat. Phase two augmented this effort by adding a fingerprint-based FBI criminal history records check and immigration status check for new HME applicants. This third and final phase will require drivers seeking to renew or transfer their current HME to undergo the fingerprint-based security threat assesssment. Under Federal Motor Carrier Safety Administration rules, drivers must renew the HME at least once every five years, although a State may require more frequent renewals.

06/01/05 ISEE Annual Membership Directory and Desk Reference is now available - The 2005/2006 Directory provides the most comprehensive individual listing of blasters in the industry. Listings include member references by geography and specialities as well as Government agencies that impact manufacturing, transportation, storage and use of explosives in the United States, Canada, Australia, Mexico and the United Nations. Also included are the Who's Who Yellow Pages and the popular, updated ISEE Explosives Product Guide. The Directory is distributed as a member benefit to more than 4,500 members in 90 countries and is offered for sale through the ISEE Blasters Library.

May 2005
05/27/05 ATF Publishes Final Rule on Identification Marks on Imported Explosives - The Department of Justice is amending the current regulations of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to require licensed importers to identify by marking all explosive materials they import for sale or distribution. Licensed manufacturers currently are required to place identification markings on explosive materials manufactured in the United States. Similar marking requirements, however, do not currently exist for imported explosive materials. Identification markings are needed on explosives to help ensure that these materials can be effectively traced for criminal enforcement purposes. Although ATF does not have regulatory oversight over foreign manufacturers, it does have authority over licensed importers of explosive materials. According to the published notice in the U.S. Federal Register, this rule will impose identification requirements on licensed importers of explosive materials that are substantially similar to the marking requirements imposed on domestic manufacturers. In addition, the final rule incorporates into the regulations the provisions of ATF Ruling 75-35, relating to methods of marking containers of explosive materials. This final rule also amends the regulations to remove the requirement that a licensee or permittee file for an amended license or permit in order to change the class of explosive materials described in their license or permit from a lower to a higher classification. ISEE had asked that imported explosives be required to have the same identification marks as domestically produced explosives. This rule is effective July 26, 2005.

05/05/05 ISEE and IME Update Guidance on Passing Through Airport Security Checkpoints for Commercial Explosives Professionals - The ISEE and the Institute of Makers of Explosives (IME) have updated their guidance document to assist commercial explosives professionals passing through airport security checkpoints. ISEE members may obtain a copy of the updated guidance on the Blasters Toolkit page on the ISEE website.

April 2005
04/29/05 ISEE Makes Available the 2006 Awards Recommendataions and Board of Directors Nominations Online - The members of the Awards Committee requests that members of the ISEE participate in the selection process for choosing the Distinguished Service Award and the Blasters Leadership Award receipients.

04/20/05 ATF Offers Reward for Information About Explosives Theft - Point Pleasant, W. VA - ATF announced today a $5,000 reward for information about an explosives theft that occurred last year in Point Pleasant. Between Oct. 5 and Oct. 8, 2004, approximately 30 pounds of high explosives were stolen from the Talon Manufacturing Co. storage facility in Point Pleasant. ATF is requesting the public's help in solving this crime, and will pay up to $5,000 for information leading to the arrest and conviction of those responsible for the theft. Anyone with information concerning the theft should contact the ATF Charleston Field Office at (304) 347-5249 or ATF toll free at 1-888-ATF-BOMB (1-888-283-2662).

04/18/05 MSHA has made available an online update to 30 CFR Update - A composite update containing a downloadable version of 44 files of the 30 CFR is now available from MSHA.

04/13/05 ATF Issues Fact Sheet on Explosives Search in Rudolph Case - On Tuesday, April 5, 2005, an Explosives Recovery Search Team assembled in Murphy, NC to recover explosives from five separate sites in North Carolina. The Explosives Ordinance Disposal Team (EOD) was composed of ATF Explosives Enforcement Officers (EEO) and FBI bomb technicians. The Explosives Search Team was made up of ATF and FBI agents, ATF explosives detection K-9's, US Forest Service Agents, US Park Service Agents, Cherokee County Sheriff's Department and North Carolina Wildlife Division of Enforcement. The North Carolina State Patrol, the North Carolina National Guard and several Assistant US Attorneys from Atlanta and Birmingham also supported the operations. ATF and FBI were equally assigned to all duties. As of Friday, April 8, 2005, all of the sites were located. Evidence collected was hand-carried to the ATF Forensic Science Laboratory in Atlanta, GA. Recovery operations were conducted at the following sites.

04/07/05 Canadian "Clear Language" Revision of Explosives Regulations Now Available - Natural Resources Canada, Explosives Regulatory Division, has embarked on an Explosives Regulations project that involves modernizing regulations to conform to existing policies, practices, and changes in technology with the ultimate goal to deliver regulations that are easier to use and understand. Department of Justice Canada drafters and the Natural Resources Canada policy analysts have been going through the existing regulations line by line. Some requirements have become obsolete; some are now covered by other legislation.

04/06/05 PA DEP Issues changes to Proposed Regulation - The PA DEP has issued changes to its proposed regulations under Chapter 211. The changes will be reviewed by the Environmental Quality Board (EQB) at its April 19^th meeting. If EQB votes to approve the changes, the next step is another hearing before the IRRC, the Independent Regulatory Review Commission, possibly in May. Changes include reduction of the inner perimeter distance from the storage magazine from 25 feet to 6 feet, allowing more use of electronic monitoring devices as alternative methods, change Type 4 magazine requirements, and adjusting implementation deadlines.

04/06/05 British MSRE to Take Effect - The Manufacture and Storage of Explosives Regulations was sent to Parliament and will take effect on April 26.

04/04/05 ATF Issues Statement in Response to DOJ Inspector General Report - ATF has reviewed the findings of the US DOJ Inspector General Report regarding ATF's implementation of the Safe Explosives Act. The ATF response cited many accomplishments including 1) development and publishing of the required regulations and forms; 2) providing educational material to the explosives industry; 3) assisting thousands of firms to continue or begin their businesses; 4) conducting tens of thousands employee background checks on the more than 12,000 Federal Explosives Licensees and Permittees.

04/04/05 US Dept of Justice releases OIG Report on ATF Implementation of the SEA – USDOJ Office of the Inspector General today released a 132-page report, which is the third OIG review of ATF regulatory enforcement operations since the ATF transferred to the Department of Justice in March 2003.  In July 2004, the OIG released two reports, the first examining the ATF’s programs for regulating firearms dealers and the second reviewing the ATF’s enforcement of Brady Act violations identified by the FBI. In addition, the OIG issued a report in October 2004 examining the arson and explosives intelligence databases of the ATF and the FBI.

The OIG report makes ten recommendations including that the ATF needs to implement procedures to ensure that background checks are requested in every case and that any identified prohibited persons are denied access to explosives; ATF should establish controls to ensure the clearance process is completed; ATF needs to implement quality control procedures to rectify incomplete or incorrect records; and ATF needs to provide more training for ATF Inspectors and establish a central point of contact at ATF Headquarters to answer explosives-related inquiries. Additional recommendations address the ATF’s need to complete plans for establishing a National Explosives Licensing Center and implement a process for collecting and cataloging explosives at the ATF National Laboratory.

04/01/05 ATF Federal Explosives Licensing Center (FELC) Posts New Toll Free Number - The newly established federal explosives licensing center located in Martinsburg, West Virginia has a new toll-free number: 1-877-283-3352.  Please contact the FELC for any concerns regarding the federal explosives licensing process or questions you may have about your explosives license or permit application.  The FELC is currently servicing most states and U.S. Territories.

04/01/05 ISEE Conference Program Committee Issues Industry-Wide Call for Papers - ISEE Conference Program Committee has issued an industry-wide Call for Papers to be presented at the 32^nd Annual Conference and published in the Conference Proceedings. Here's your chance to share your techniques, strategies, solutions, product innovations, and research discoveries with your peers. Your idea should be submitted in the form of a 200-400 word abstract (summary) highlighting the major points of your 10-15 page paper. Non-workshop papers may not be commercial in nature. The 2006 Conference on Explosives and Blasting Technique will be held at the Gaylord Texan Resort in Dallas, Texas, January 31 - February 6, 2006.

March 2005
03/10/05 Pennsylvania's Rule Review Commission Rejects PA DEP's Proposed Explosives Regulations - PA's Independent Regulatory Review Commission (IRRC) voted today to reject the PA Department of Environmental Protection's (PADEP) security related changes to the State's Chapter 211 Explosives Regulations. The commissioners voted 3-2 to reject the proposal with one commissioner chastising PA DEP, PA Office of Homeland Security (OHS), and the State Police for not including industry in the rulemaking process. A 40-day time period is now open for PA DEP to redo the explosives security changes.

03/08/05 Quarry Bill With New Blasting Regulations Filed in Texas - SB 785, filed on Monday by State Senator Troy Fraser (R-Horseshoe Bay), would give the Texas Commission on Environmental Quality the authority to regulate rock quarries. Fraser called it a "major step toward increasing regulations for quarries and rock crushing operations." SB 785 is designed to address public concerns over water protection, blasting safety and traffic control, which are needed to provide greater public safety. Senator Fraser recently chaired the Advisory Committee on Rock Crushers and Quarries, a committee created by Governor Perry to study the permitting process for rock crushers and quarries.

Under Fraser's bill, the quarry permit would require:
A site plan, assessing the environmental soundness of the proposed operations, including a report from an independent hydrologist.
A blasting plan, including a requirement that all blasting be monitored with a seismograph or vibration monitor.
A reclamation plan detailing how all affected land at the proposed quarry site will be returned to a use purpose, and
A requirement that quarry operators properly construct and maintain al access driveways, acceleration-deceleration lanes, and turn lanes when needed so that the site entrances are safe for the traveling public.

03/01/05 Bill Introduced in WVA to require reporting of Explosives Inventory to State Police Senate Bill No. 420 was recently introduced by Senators Bailey, Kessler, Love and Unger.  The bill, which was referred to Judiciary Committee, would require anyone who uses any kind of explosive material to make a quarterly inventory and usage report to the State Police which lists when and where such materials were used.

03/01/05 Oklahoma Ammonium Nitrate Bill is Signed into Law - Oklahoma Governor Brad Henry last week signed legislation into law that will regulate the sale of ammonium nitrate. The Oklahoma Agriculture Department rules make Oklahoma the third state, along with Nevada and South Carolina, to require identification from people buying ammonium nitrate and to track purchases.

Retailers will be required to get the name, address, telephone and drivers license numbers of purchasers of ammonium nitrate. They also will have to maintain records, including the date of the sale and the amount purchased, for at least two years. The administrative guidelines authorize retailers to refuse to sell ammonium nitrate when it is being purchased out of season, in unusual quantities or under any other suspicious circumstances.

03/01/05 Kansas Passes Fertilizer Preemption Bill - Yesterday, the Kansas House of Representatives unanimously passed H.B. 2341, its fertilizer preemption bill, by a vote of 123 to 0. Specifically, the bill would prevent cities and counties from regulating fertilizer use.

The bill was introduced in response to cities and counties in other states attempting to ban or regulate phosphates. Without a statewide uniform regulation of fertilizer, a patchwork of rules can develop that would require retailers to know the rules for each of their customers. TFI has encouraged each of its affiliated state associations to seek the adoption of fertilizer preemption legislation and thanks the Kansas Agribusiness Retailers Assocation for its efforts on this front.

February 2005
02/22/05 More than 1500 attend Annual Explosives Conference in Orlando - (Cleveland, OH) The Distinguished Service Award was presented to Claude Cunningham at the 31st Annual Conference on Explosives & Blasting Technique.....

02/19/05 - Safety Standard Limit for Perchlorate Issued - (Washington, DC) According to the Associated Press, due to the thyroid Illnesses link to chemicals used in explosives, the government yesterday issued its first safety standard for perchlorate, which is used in rocket fuel and explosives and that has been blamed for contamination of drinking water, especially near many military sites.

The EPA's limit will be used primarily for Superfund cleanups and to determine if EPA might establish regulations for perchlorate as a drinking-water contaminant. The limit, 24.5 parts per billion for drinking water, is what the National Academy of Sciences recommended in January but is higher than the EPA proposed a couple of years ago. California and Massachusetts have proposed limits on perchlorate contamination far more restrictive than the level the EPA chose.

2/14/2005 Federal Explosives Regulation User and Licensing Fees Proposed (Washington, DC) The recently released federal budget included a provision to allow the Department of Justice to impose new user and license fees. The user fees would apply to all explosives manufactured in or imported into the United States. According to the budget document, a fee of $0.02/pound should generate $120 million in additional revenue for the FY 2006. These new fees could be increased in the future by the Attorney General. The budget also included a proposal to authorize ATF to impose a 10-fold increase on the cost of obtaining a license. This increase is designed to fund ATF explosives related activities.

2/11/2005 Ringleader in Stolen Explosives Case Sentenced to 51 Months — (California) According to the U.S. Attorney's Office for the Northern District of California, Michael Allan was sentenced to 51 months in prison for his involvement in stealing 716 pounds of Explosives materials from law enforcement bunkers in San Mateo County in July 2004.....

02/07/05 ATF Director Truscott Addresses Explosives Industry at ISEE Annual Conference - (Orlando, FL) Carl J. Truscott Director, Bureau of ATF served as keynote speaker at the ISEE's Annual Conference on Explosives and Blasting Technique in Florida. Director Truscott began his remarks saying, "Jeff [Dean], thank you for that introduction. I know that both you and Dale [Ramsey] have worked hard to fulfill ISEE's mission: to advance the art and science of explosives engineering. I appreciate your commitment to the positive relationship between ISEE and ATF. Earlier this morning, I met with your Board of Directors, and I enjoyed the opportunity to talk with them. Now I'm delighted to meet many more of you, and to be with you as you begin your conference."

January 2005
01/31/05 TSA begins background checks on Hazmat drivers - (Washington, D.C.) The Transportation Security Administration (TSA) began the second phase of the Hazmat Threat Assessment Program today with the fingerprinting of commercial truck drivers applying to obtain a hazardous materials endorsement (HME) on their state-issued commercial drivers license (CDL).

01/26/05 Guidance issued for ATF Inspections - As many concerns have risen over ATF inspections, the use of certain ATF questionnaires and interviews with company personnel, ISEE has worked with the SSAFE coalition to develop a guidance document for our members. This guidance is intended to identify the limits of ATF authority in connection with inspections and the rights of companies and employees in response to ATF inspection techniques.

01/25/05 Explosives Industry Group Meets with PA's IRRC and Gov. Rendell's Office - Industry representatives met with Pennsylvania's Independent Regulatory Review Commission (IRRC) and, in a separate meeting, with representatives of Gov. Rendell's administration to discuss issues surrounding Pennsylvania DEP's recently issued regulations. Industry members were hopeful that some modifications can be made in the regulations that were approved by the PA EQB Board last week. Licensees had no prior notice or opportunity to comment on the sweeping changes to Section 211. Representatives of the American Pyrotechnics Assocation (APA), Institute of Makers of Explosives (IME), the Eastern PA Chapter of ISEE, the Mid-Atlantic Chapter, and International Society of Explosives Engineers (ISEE) voiced industry's concerns about the potential impact of the new regulations and the rushed manner in which the regulations were put together. More information will be sent to the IRRC and administration officials to consider within the next week or two. APA, IME and ISEE will work together to develop recommendations.

01/19/05 Meeting Scheduled with PA Gov. Rendell - Industry representatives will meet in the offices of PA Governor Rendell in Harrisburg on Monday, January 24th, with the Governor's staff and representatives of PA DEP, PA Homeland Security, and PA State Police to discuss the sweeping changes in PA DEP's explosives security regulations. Industry members are hopeful that some modifications can be made in the regulations that were approved by the PA EQB Board yesterday. The measure was portrayed as an emergency measure which allowed the agency to avoid the normal rulemaking process. Changes to PA Blasting Regulations were announced without notice to licensees. Changes include the requirement for two sets of perimeter barriers to include concertina razor wire, site inspections every 24 hours, and more.

01/17/05 ISEE Adopts Environmental Policy - Recognizing that the earth's resources are limited, that life on this planet depends on those resources, and that responsible management of the environment is essential for the preservation of our quality of life, the International Society of Explosives Engineers has adopted the following Environmental Statement:

1. The Society believes that responsible management of our environment is good business and good public policy.
2. The Society urges its members to exercise responsible management of the environment in all activities.
3. The Society encourages its members to meet or exceed all environmental laws and regulations.
4. The Society believes that environmental law must be based on sound scientific, engineering, and medical research and principles.
5. The Society will work with and encourage its members to work with community leaders, public policymakers and regulators to make available expertise to help in shaping environmental policy.
6. The Society encourages its members to work to improve the environment when possible by supporting programs that protect and develop clean air, clean water, pleasing landscapes and proper wildlife habitats.

The Society encourages its members to participate in communicating to the public the importance to society of an environmentally responsible explosives industry and in educating the youth of our country about the benefits of safe, secure, controlled and environmentally responsible use of explosives for the benefit of mankind.

01/15/05 PA DEP's Environmental Quality Board Approves Sweeping Changes to PA Blasting Reg's - At a meeting in Harrisburg today, Pennsylvania DEP's EQB approved a series of sweeping changes in the state's explosives security regulations. The changes to PA Blasting Regulations were announced without notice to licensees and with no public comment period. Changes include the requirement for two sets of perimeter barriers to include concertina razor wire, site inspections every 24 hours, and more. Despite only two actual security breaches with respect to commercial explosives in the period cited by the department, the measure was portrayed as an emergency measure which allowed the agency to avoid the normal rulemaking process. Only due to the insistence of our members at meetings in December, was input from industry allowed at all, and a time period of only seven days was given for responses. That exchange resulted in the removal of the ridiculous requirement for 15" hoods on magazine locks.

01/13/05 TSA Issues Final Rule on Fees for Hazmat CDL Endorsements - In response to recent statutory requirements, the Transportation Security Administration (TSA) is establishing a fee for security threat assessments that TSA is required to perform on individuals who apply for or renew a hazardous materials endorsement for a commercial driver's license. TSA also is establishing a fee for collection and transmission of fingerprints and biographical information, which is necessary to perform the security threat assessments. TSA intends to use fees collected under this rule to pay for the costs of the security threat assessments and the costs of collection and transmission of fingerprints and biographical information. This rule is effective January 31, 2005. If you emply drivers required to have hazmat endorsements on their commercial driver's licenses, you should review the following Federal Register final rule 70 FR 2542; January 13, 2005.

01/13/05 ATF Announces Identification of Suspicious Purchasers of Ammonium Nitrate - The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) said today that the person and company who attempted to purchase between 500 and 1,000 metric tons of ammonium nitrate have been identified as legitimate.

Lewis P. Raden, Assistant Director for Enforcement Programs and Services, said, "ATF appreciates the immediate response we received from industry members and law enforcement in helping to identify the person and company involved in the alert. The inquiries were legitimate."

01/12/05 Industry SSAFE Coalition Meets with ATF - Representatives of the recently re-established industry coalition, SSAFE, which includes explosives industry association representatives, met with ATF officials in Washington, DC recently to discuss ATF's enforcement process. There was much discussion about separating ATF's enforcement activity from education programs and non-regulatory recommendations. ATF officials expressed an interest and agreed to some of the coalition's suggestions. Both groups agreed to continue to cooperate with education and technical assistance to licensees that will help with compliance efforts and help industry members with security and accountability of inventories - especially to improve accuracy in counting packaged product and documenting discrepancies. Discussion also centered around the need to reduce the intimidation effect at field inspections and how industry can better communicate with liaison officials to remedy difficult inspection situations. All in all, the meeting was very helpful and productive. Both groups agreed to continue to meet.

ATF officials will be attending the ISEE Annual Conference in Orlando in February where more discussions will take place at the ISEE Regulatory Panel Discussion, with Director Truscott's keynote address on Monday morning and at ATF's industry briefing on Wednesday afternoon.

01/12/05 Industry SSAFE Coalition Re-established - Representatives of a number of explosives industry associations met in Washington, DC recently and decided to re-establish the Safe Alliance for Explosives under the new name, the Safe and Secure Alliance for Explosives (SSAFE). The new, SSAFE will include the International Society of Explosives Engineers, the American Pyrotechnics Association, the Industrial Minerals Association, the Institute of Makers of Explosives, and the National Sand, Stone, and Gravel Association. The group plans to meet regularly to discuss current legislative and regulatory issues concerning explosives.

01/05/05 ISEE Hosts Bulk Explosives Forum - ISEE today hosted a Bulk Explosives Forum in Baltimore to begin to establish a consensus on best practices. ISEE organized the forum after recent discussions with ATF on the need to develop a workable method of bulk inventory accounting that will satisfy federal explosives law and have a minimally intrusive effect on commerce. Stakeholders recognized the complexity of the task and all agreed that it was necessary to move forward on this project. Among other items discussed was identification of inventory controls with respect to flow and change of status of materials.

01/04/05 ATF Issues Security Alert - Today ISEE received an alert notice from The Bureau of Alcohol, Tobacco, Firearms and Explosives, Arson and Explosives Division regarding a suspicious attempt by an individual to purchase mass quantities of ammonium nitrate, specifically between 500 to 1000 metric tons. The individual, who uses a middle eastern name, purports to be a representative of a construction corporation however, indications are that this is most likely false. The individual has previously made contact with other industry members via email seeking the large amounts of "fertilizer grade" ammonium nitrate.

If industry members have been contacted by anyone under similar circumstances, or who is similarly seeking unusually large quantities of ammonium nitrate, you are asked to please contact the Bureau of Alcohol, Tobacco, Firearms and Explosives, Phoenix Field Division Intelligence Group at (602) 776-5501, or (602) 776-5449, or the ATF National Enforcement Operations Center at 1-800-800-3855. ATF has asked us to advise our members/contacts that suspicious activity has occurred an is being investigated. We are asking all of our members to be extra vigilant and report the slightest suspicion of something occurring near their facilities. Also view AP article from USA Today.

01/03/05 ANSI A10.7, the Construction Safety Standard for Blasting is being Opened for Revision - ISEE Governmental Affairs Chairman, Roger Prescott, who is also chairman of the ANSI A10.7 Committee announced that the Committee will be reviewing the construction safety standards for blasting. Roger has been back at work and expresses his appreciation for the outpouring of well wishes and support he received during his recent recovery.