OSHA: BP & reloading components, no more shipping?

[Ol Gabe]

NCOWS Pards, Pardettes & E-Friends, All,
The following is a post seen on the Shilohrifle.com forum relating to recent information about the upcoming OSHA rules changes and public comments. This has been discussed on many of the other Shooting Sports forums but has been strangely quiet here. After reading the post, discussion will surely follow as it effects every area of the Shooting Sports, Law Enforcement, Wildlife Mgmt., Hunter Safety Instructors, and the list goes on including those involved in Trap & Skeet competition, reloading of any kind, fireworks, distributors and Granpa that just wants to buy a box of .22's at the local WalMart and take his grandson out to the farm to shoot some tin cans.
For those that may not be aware of it, the OSHA regs set up here were originally created under Executive Order #12866 in 1993 by former Pres. Bill Clinton.
I implore all to read and act accordingly, especially our NCOWS Officials, Senators & Posse Reps., as it ain't over yet!
Best regards and good reading!
'Ol Gabe
NCOWS #925
...
The following is a letter from the NSSA site at.
http://www.nssf.org/news/PR_idx.cfm?PRloc=common/PR/&PR=BP070207.cfm
The link to the printable letter is in the text near the bottom of the page. (seen below)

If anything this is far worse than initially thought.
Print it and send it or use it as a guide for a hand written letter. This simply cannot be allowed to go into effect.

Dan Phariss


OSHA Docket Office
Docket No. OSHA–2007–0032
U.S. Department of Labor
Room N–2625 200
Constitution Avenue, NW
Washington, DC 20210


RE: Docket No. OSHA–2007–0032
Request to Extend Public Comment Period and Request for Hearing on
"Significant Regulatory Action" as Defined in Executive Order 12866

Dear Secretary Chao:

I am writing to request an extension for public comment set to expire on July 12, 2007 for Preliminary & Initial General Observations on OSHA Explosives Proposed Rule (29 CFR Part 1910) - Published at Federal Register Vo. 72, No. 71, at P. 18792 (April 13, 2007).

After reviewing the proposed regulations it is my belief that the proposed rule is a "significant regulatory action" as defined in Executive Order 12866 (1993) Sec. 1(f)(1) in that it will clearly "adversely affect in a material way" the retail sector of the firearms and ammunition industry, productivity, competition and jobs and that the annual compliance cost for all retailers of ammunition will far exceed $100 million dollars.

Below is a bulleted list of what I am most concerned about:

• Massive Costs: The cost to comply with the proposed rule for the ammunition industry, including manufacturer, wholesale distributors and retailers, will be massive and easily exceed $100 million. For example, ammunition and smokeless propellant manufacturers would have to shut down and evacuate a factory when a thunderstorm approached. The proposal mistakenly states that this is an industry standard practice. A retailer would have to do likewise. Thus retailers, such as Wal-Mart, selling ammunition would have to close down and evacuate customers. This is simply not realistic.

• Exacerbate Ammunition Shortage to DoD and Law Enforcement: The proposed rule has major National security and homeland defense implications. There is already a shortage of ammunition for our troops and law enforcement. The Department of Defense has contracted to purchase ammunition from the commercial market because the Department's arsenal cannot meet demand. The rule will delay production and massively increase prices, making the ammunition shortage even more severe. In addition, the rule applies to the DoD arsenal, which is run by a commercial manufacturer under DoD contract.

• Unrealistic Assumptions: Portions of the proposed rule are not feasible and cannot realistically be complied with. The concept of evacuation to "a safe remote location" in case of thunderstorms or accident is untenable to manufacturers and retailers and is in disagreement with the DoD Safety Manual for Ammunition and Explosives.

• One Size Fits All Approach: The provisions in this proposal treat all explosives as if they have the same degree of hazard to employees. Retail outlets for small arms ammunition, primers and smokeless propellants, including massive facilities such as Wal-Mart, must maintain a fifty-foot barrier and specifically authorize all customers to enter only after searching them for matches or lighters (c.3.iii.A) and determining that they are not under the influence of drugs or alcohol (c.1.vii). This is despite the fact that small arms ammunition is extremely safe even when subjected to open flame, heat and shock. A customer still wouldn't be able to purchase the ammunition because under this rule they are not allowed to carry it from the counter to the exit (c.3.iii.C). Even more damaging, the many "mom and pop" firearm outlets located in strip malls would be forced to shutdown as they have neighbor stores fewer than 50-feet away.

• Shipping is Halted: Proposed restrictions on transportation exceed current DOT Regulations. Mandating wood-covered, non-spark-producing material in trailers for small arms ammunition shipments would bring the transportation of ammunition to a near halt. There are simply not enough trailers in existence today that would be able to substitute for traditional, metal covered surfaces. Small package carriers such as UPS and Fed-Ex would be prohibited from carrying ammunition and components which would shut down mail order houses such as Cabalas and Bass Pro shops and many business to business transactions. This section alone, with all it would entail (such as two drivers at all times), is capable of paralyzing our industry.

• National Fire Prevention Association (NFPA) Rules Exceeded: Proposed restrictions exceed NFPA regulations and would, for example, reduce commercial establishment displays of smokeless propellant from 50 to 20 lbs with no commensurate increase in safety. This will only add to dramatically increasing the cost to manufacturers and consumers.

It bears noting that scientific testing and safety records clearly illustrate that small arms ammunition is inherently an extremely safe product. I cannot recall a single instance where fire, shock, heat or lightening has resulted in injury from the accidental detonation of small-caliber ammunition. Billions of rounds of ammunition are sold each year in the U.S. and records demonstrate that current production and safety requirements are working.


I urge OSHA to grant an extension to this critical regulatory process.

Sincerely,

[Ol Gabe]

UPDATE!!!!!!!! The following was posted on the NRA-ILA website, an extension has been extended to get more public comments in. Please follow the simple instructions below and submit a firmly-worded response, use the sample letter at the bottom or the one seen in the initial post above, both have had great success but the effort needs to be kept up now that the 4th of July holday is past and the government is back at work.
Best regards and good reading!
'Ol Gabe
NCOWS #925
...

Proposed "Safety" Regulations Would Dry Up Ammunition Sales

Tuesday, July 03, 2007

The Occupational Safety and Health Administration (OSHA) has proposed new rules that would have a dramatic effect on the storage and transportation of ammunition and handloading components such as primers or black and smokeless powder. The proposed rule indiscriminately treats ammunition, powder and primers as "explosives." Among many other provisions, the proposed rule would:

    * Prohibit possession of firearms in commercial "facilities containing explosives"—an  obvious problem for your local gun store.
    * Require evacuation of all "facilities containing explosives"—even your local Wal-Mart—during any electrical storm.
    * Prohibit smoking within 50 feet of "facilities containing explosives."

It's important to remember this is only a proposed rule right now, so there's still time for concerned citizens to speak out before OSHA issues its final rule. The National Rifle Association, National Shooting Sports Foundation, and Sporting Arms and Ammunition Manufacturers' Institute will all be commenting on these proposed regulations, based on the severe effect these regulations (if finalized) would have on the availability of ammunition and reloading supplies to safe and responsible shooters.

The public comment period was originally scheduled to end July 12 but has been extended sixty (60) days until September 10, 2007. To read the OSHA proposal click here (PDF file).

According to OSHA, you may submit comments, identified by Docket No. OSHA-2007- 0032, by any of the following methods:

    * Electronically: You may submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions on-line for making electronic submissions.
    * Fax: If your comments, including attachments, do not exceed 10 pages, you may fax them to the OSHA Docket Office at (202) 693-1648.
    * Mail, hand delivery, express mail, messenger or courier service: You must submit three copies of your comments and attachments to:
      OSHA Docket Office, Docket No. OSHA-2007-0032
      U.S. Department of Labor, Room N-2625
      200 Constitution Avenue, NW.
      Washington, DC 20210
      telephone (202) 693-2350 (OSHA"s TTY number is (877) 889-5627).

Instructions: All submissions must include the Agency name and the docket number for this rulemaking (Docket No. OSHA-2007-0032). All comments, including any personal information you provide, are placed in the public docket without change and may be made available online at http://www.regulations.gov. Therefore, OSHA cautions you about submitting personal information such as social security numbers and birthdates.

For further information on submitting comments, plus additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of the OSHA proposal.

-----------------------------

OSHA Docket Office Docket No. OSHA-2007-0032 U.S. Department of Labor, Room N-2625 200 Constitution Ave., N.W. Washington, DC 20210

Re.: Docket No. OSHA-2007-0032 (Explosives—Proposed Rule)

Dear Sir or Madam:

I am writing in strong opposition to OSHA's proposed rules on "explosives," which go far beyond regulating true explosives. These proposed rules would impose severe restrictions on the transportation and storage of small arms ammunition—both complete cartridges and handloading components such as black and smokeless powder, primers, and percussion caps. These restrictions go far beyond existing transportation and fire protection regulations.

As a person who uses ammunition and components, I am very concerned that these regulations will have a serious effect on my ability to obtain these products. OSHA's proposed rules would impose restrictions that very few gun stores, sporting goods stores, or ammunition dealers could comply with. (Prohibiting firearms in stores that sell ammunition, for example, is absurd—but would be required under the proposed rule.)

The proposed transportation regulations would also affect shooters' ability to buy these components by mail or online, because shipping companies would also have great difficulty complying with the proposed rules.

There is absolutely no evidence of any new safety hazard from storage or transportation of small arms ammunition or components that would justify these new rules. I also understand that organizations with expertise in this field, such as the National Rifle Association, National Shooting Sports Foundation, and Sporting Arms and Ammunition Manufacturers' Association, will be submitting detailed comments on this issue. I hope OSHA will listen to these organizations' comments as the agency develops a final rule on this issue.

Sincerely,

   
   

Copyright 2007, National Rifle Association of America, Institute for Legislative Action.
This may be reproduced. It may not be reproduced for commercial purposes.

[Digger]

Hi Y'all,

I ran across this thread doing some searches.  Anybody know the current status of this issue?

Thanks,
Digger

[Fox Creek Kid]

Yes, it was killed.