Commerce in Explosives; 2023 Annual List of Explosive Materials
This notice publishes the 2023 List of Explosive Materials, as required by law. The 2023 list is the same as the 2022 list published by ATF, except the 2023 list adds "pyrotechn...
Bureau of Alcohol, Tobacco, Firearms, and Explosives
[Docket No. 2023N-01]
AGENCY:
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Department of Justice.
( printed page 88656)
ACTION:
Notice of list of explosive materials.
SUMMARY:
This notice publishes the 2023 List of Explosive Materials, as required by law. The 2023 list is the same as the 2022 list published by ATF, except the 2023 list adds “pyrotechnic stars.” These materials are “pyrotechnic compositions” and have long been covered under that term. ATF is adding “pyrotechnic stars” for clarity.
DATES:
The list becomes effective December 22, 2023.
FOR FURTHER INFORMATION CONTACT:
Marianna Mitchem, Chief; Firearms and Explosives Industry Division; Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States Department of Justice; 99 New York Avenue NE, Washington, DC 20226; (202) 648-7120.
SUPPLEMENTARY INFORMATION:
Pursuant to 18 U.S.C. 841(d) and 27 CFR 555.23, the Department of Justice must publish and revise at least annually in the
Federal Register
a list of explosives determined to be within the coverage of 18 U.S.C. 841et seq.
The list covers not only explosives, but also blasting agents and detonators, all of which are defined as “explosive materials” in 18 U.S.C. 841(c).
Each material listed, as well as all mixtures containing any of these materials, constitute “explosive materials” under 18 U.S.C. 841(c). Materials constituting blasting agents are marked by an asterisk. Explosive materials are listed alphabetically, and, where applicable, followed by their common names, chemical names, and/or synonyms in brackets. This list supersedes the List of Explosive Materials published in the
Federal Register
on December 20, 2022 (Docket No. 2022N-11, 87 FR 77888).
The Department is adding “pyrotechnic stars” to the 2023 List of Explosive Materials. Pyrotechnic stars are pellets, cubes, balls, or similar configurations of explosive materials that are typically used in aerial fireworks to create color effects. Pyrotechnic stars have long been on the List under the current term “pyrotechnic compositions.” To eliminate any confusion as to whether the term “pyrotechnic compositions” covers pyrotechnic stars, and to clarify that pyrotechnic stars are covered under the Federal explosives regulations at 27 CFR part 555, ATF is adding the term “pyrotechnic stars” to the List.
The 2023 List of Explosive Materials is a comprehensive list but is not all-inclusive. The definition of “explosive materials” includes “[e]xplosives, blasting agents, water gels and detonators. Explosive materials, include, but are not limited to, all items in the `List of Explosive Materials' provided for in § 555.23.” 27 CFR 555.11. Accordingly, the fact that an explosive material is not on the annual list does not mean that it is not within coverage of the law if it otherwise meets the statutory definition of “explosives” in 18 U.S.C. 841(d) and (j). Subject to limited exceptions in 18 U.S.C. 845 and 27 CFR 555.141, only Federal explosives licensees and permittees may possess and use explosive materials, including those on the Annual List.
Notice of the 2023 Annual List of Explosive Materials
Use this for formal legal and research references to the published document.
88 FR 88655
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Commerce in Explosives; 2023 Annual List of Explosive Materials,” thefederalregister.org (December 22, 2023), https://thefederalregister.org/documents/2023-28253/commerce-in-explosives-2023-annual-list-of-explosive-materials.