I really wish the news sources would cite the actual newsletter released by the ATF when they write pieces like this, and then perhaps do some research before writing such an inflammatory piece.
I swear sometimes we are our own worst enemy.
Nitrocellulose with a concentration greater than 12.6% nitrogen is, and has ALWAYS been a high explosive. The Department of Transportation granted the exception for wetted nitrocellulose, not the ATF.
Most, but not all smokeless powder for small arms ammo is less than 12.6% nitrogen. Single base powders tend to be under the 12.6%, while double or triple base powders can be higher. Powder used for artillery pieces is almost always higher than 12.6%.
Most large powder manufacturers already have type 1 or type 2 powder magazines - a magazine contains fires and explosions should they occur. Also, most of them store Nitrocellulose "wet" because it is less likely to ignite when stored in bulk.
Either the BATFE is either clarifying their point, or they are going to start looking closer at how the manufacturers store their powder. They have also acknowledged that they will grant variances, just like they always have.
Here is the the article, word for word from the ATF.
https://www.atf.gov/file/106536/download
Note: Bold text added by me.
Quote:
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ATF was recently asked about the status of nitrocellulose under the Federal explosives laws and regulations. “Nitrocellulose explosive” is on ATF’s List of Explosive Materials. ATF has determined that nitrocellulose containing greater than 12.6 percent nitrogen is a high explosive under 27 CFR, Part 555 (nitrocellulose containing 12.6 percent or less nitrogen is generally not an explosive material under Part 555). Therefore, it must be stored in a type 1 or type 2 magazine. We are aware that the U.S. Department of Transportation may assign a nonexplosive classification to nitrocellulose when it has been wetted with water or alcohol. This is based, in part, on the diminished likelihood of explosion in a transportation accident. Because the nitrocellulose retains its explosive characteristics when the water or alcohol is removed, the wetted nitrocellulose remains a nitrocellulose explosive, subject to the licensing, safety and security requirements of the Federal explosives regulations. However, based upon the diminished likelihood of wetted nitrocellulose exploding, ATF will consider variance requests to store the wetted material under an alternative arrangement
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I suspect that this MAY hinder powder manufacturers for a short time IF they don't already have a type 1 or type 2 magazine.