IME Files Comments Urging a Bright Line Between ATF and DHS Regulation of Explosives and Explosive Precursors


IME has a century-long tradition of advocacy for the safety and security of explosive products, which includes working with federal agencies to identify safety and security gaps and ways to close those gaps.  However, IME does not support rules that are duplicative and redundant.  Such rules impose unnecessary costs on the government and the regulated community with no commensurate safety or security benefit.  In comments to an advance notice of proposed rulemaking issued by DHS on suggestions to improve the Chemical Facility Anti-terrorism Standards (CFATS) program, an action item stemming from the President’s EO 13650, IME recommends that DHS eliminate explosives from the CFATS “chemicals of interest” list in deference to ATF’s comprehensive regulation of explosives.  At the same time, IME recommends that DHS do a better job of regulating explosive precursors.  IME also asks DHS to revise the proposed Personnel Surety Program to be consistent with legislation pending in Congress that would direct the agency to accept, with no preconditions, vetting done under other equivalent federal programs, including ATF’s vetting of explosive possessors, as sufficient to satisfy CFATS standards.