ATF- Explosives Laws and Regulations

Bureau of Alcohol, Tobacco, and Firearms - Department of the Treasury

ATF P 5400.7 (6/90)

FEDERAL EXPLOSIVES LAW

Organized Crime Control Act of 1970, Title XI

Regulation of Explosives

Public Law 91-452, Approved October 15, 1970 (as Amended)

[NOTE: Any reference to the Internal Revenue Code of 1954 refers to the Internal Revenue Code of 1986 (SS 2, Public Law 99-514, 100 Stat. 2085, October 22, 1986.)]

PURPOSE

SEC. 1 1 01. The Congress hereby declares that the purpose of this title is to protect interstate and foreign commerce against interference and interruption by reducing the hazard to persons and property arising from misuse and unsafe or insecure storage of explosive materials. It is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, storage, or use of explosive materials for industrial, mining, agricultural, or other lawful purposes, or to provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title.

SEC. 1 1 02. Title 18, United States Code, is amended by adding after chapter 39 the following chapter:

Chapter 40. -IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS

Editor's Note
The sections of law set out herein were newly added by Public Law 91- 452, Title XI, SS1102(a), Oct. 15, 1970, 84 Stat. 952-959, and remain unchanged unless otherwise footnoted.

Sec.
841. Definitions.
842. Unlawful acts.
843. Licensing and user permits.
844. Penalties.
845. Exceptions; relief from disabilities.
846. Additional powers of the Secretary.
847. Rules and regulations.
848. Effect on State law.

SS 841. Definitions
As used in this chapter ---
(a) "Person" means any individual, corporations, company, association, firm, partnership, society, or joint stock company.
(b) "Interstate or foreign commerce" means commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, and commerce between places within the same State but through any place outside of that State. "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).
(c) "Explosive materials" means explosives, blasting agents, and detonators.
(d) Except for the purposes of subsections (d), (e), (f), (g), (h), (i), and (j) of section 844 of this title, "explosives" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion- the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The Secretary shall publish and rise at least annually in the Federal Register a list of these and any additional explosives which he determines to be within the coverage of this chapter. For the purposes of subsections (d), (e), (f), (g), (h), and (i) of section 844 of this title, the term "explosive" is defined in subsection 0) of such section 844.
(e) "Blasting agent" means any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive: Provided, That the finished product, as mixed for use of shipment, cannot be detonated by means of a numbered 8 test blasting cap when unconfined.
(f) "Detonator" means any device containing a detonating charge that is used for initiating detonation in an explosive; the term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating-cord delay connectors.
(g) "Importer" means any person engaged in the business of importing or bringing explosive materials into the United States for purposes of sale or distribution.
(h) "Manufacturer" means any person enaaaed in the business of manufacturing explosive materials for purposes of sale of distribution or for his own use. (I) "Dealer" means any person engaged in the business of distributing explosive materials at wholesale or retail.
(j) "Permittee" means any user of explosives for a lawful purpose, who has obtained a user permit under the provisions of this chapter.
(k) "Secretary" means the Secretary of the Treasury or his delegate.
(1) "Crime punishable by imprisonment for a term exceeding one year" shall not mean (1) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices as the Secretary may by regulation designate, or (2) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
(m) "Licensee" means any importer, manufacturer, or dealer licensed under the provisions of this chapter.
(n) "Distribute" means sell, issue, give, transfer, or otherwise dispose of.

SS 842. Unlawful acts
(a) It shall be unlawful for any person
(1) to engage in the business of importing, manufacturing, or dealing in explosive materials without a license issued under this chapter;
(2) knowingly to withhold information or to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the provisions of this chapter; and
(3) other than a licensee or permittee knowingly
(A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials, except that a person who lawfully purchases explosive materials from a licensee in a State contiguous to the State in which the purchaser resides may ship, transport, or cause to be transported such explosive materials to the State in which he resides and may receive such explosive materials in the State in which he resides, if such transportation, shipment, or receipt is permitted by the law of the State in which he resides; or
(B) to distribute explosive materials to any person (other than a licensee or permittee) who the distributor knows or has reasonable cause to believe does not reside in the State in which the distributor resides.
(b) It shall be unlawful for any licensee knowingly to distribute any explosive materials to any person except
(1) a licensee;
(2) a permittee; or
(3) a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence.
(c) It shall be unlawful for any licensee to distribute explosive materials to any person who the licensee has reason to believe intends to transport such explosive materials into a State where the purchase, possession, or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into it or to receive explosive materials in it.
(d) It shall be unlawful for any licensee knowingly to distribute explosive materials to any individual who:
(1) is under twenty-one years of age;
(2) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(3) is under indictment for a crime punishable by imprisonment for a term exceeding one year;
(4) is a fugitive from justice;
(5) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
(6) has been adjudicated a mental defective.
(e) It shall be unlawful for any licensee knowingly to distribute any explosive materials to any person in any State where the purchase, possession, or use by such person of such explosive materials would be in violation of, any State law or any published ordinance applicable at the place of distribution.
(f) It shall be unlawful for any licensee or permittee willfully to manufacture, import, purchase, distribute, or receive explosive materials without making such records as the Secretary may by regulation require, including, but not limited to, a statement of intended use, the name, date, place of birth, social security number or taxpayer identification number, and place of residence of any natural person to whom explosive materials are distributed. If explosive materials are distributed to a corporation or other business entity, such records shall include the identity and principal and local places of business and the name, date, place of birth, and place of residence of the natural person acting as agent of the corporation or other business entity in arranging the distribution.
(g) It shall be unlawful for any licensee or permittee knowingly to make any false entry in any record which he is required to keep pursuant to this section or regulations promulgated under section 847 of this title.
(h) It shall be unlawful for any person to receive, conceal, transport, ship, store, barter, sell, or dispose of any explosive materials knowing or having reasonable cause to believe that such explosive materials were stolen.
(1) It shall be unlawful for any person
(1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution; to ship or transport any explosive in interstate or foreign commerce or to receive any explosive which has been shipped or transported in interstate or foreign commerce.
(j) It shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Secretary. In promulgating such regulations, the Secretary shall take into consideration the class, type, and quantity of explosive materials to be stored, as well as the standards of safety and security recognized in the explosives industry.
(k) It shall be unlawful for any person who has knowledge of the theft or loss of any explosive materials from his stock, to fall to report such theft or loss within twenty-four hours of discovery thereof, to the Secretary and to appropriate local authorities.
(Amended by Public Law 100-690, Title VI, SS 6474(c),(d), Nov. 18, 1988, 102 Stat. 4380.)

SS 843. Licenses and user permits
(a) An application for a user permit or a license to import, manufacture, or deal in explosive materials shall be in such form and contain such information as the Secretary shall by regulation prescribe. Each applicant for a license or permit shall pay a fee to be charged as set by the Secretary, said fee not to exceed $200 for each license or permit. Each license or permit shall be valid for no longer than three years from date of issuance and shall be renewable upon the same conditions and subject to the same restrictions as the original license or permit and upon payment of a renewal fee not to exceed one-half of the original fee.
(b) Upon the filing of a proper application and payment of the prescribed fee, and subject to the provisions of this chapter and other applicable laws, the Secretary shall issue to such applicant the appropriate license or permit if(1) the applicant (including in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not a person to whom the distribution of explosive materials would be unlawful under section 842(d) of this chapter;
(2) the applicant has not willfully violated any of the provisions of this chapter or regulations issued hereunder;
(3) the applicant has in a State premises from which he conducts or intends to conduct business;
(4) the applicant has a place of storage for explosive materials which meets such standards of public safety and security against theft as the Secretary by regulations shall prescribe; and
(5) the applicant has demonstrated and certified in writing that he is familiar with all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business.
(c) The Secretary shall approve or deny an application within a period of forty-five days beginning on the date such application is received by the Secretary.
(d) The Secretary may revoke any license or permit issued under this section if in the opinion of the Secretary the holder thereof has violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter, or has become ineligible to acquire explosive materials under section 842(d). The Secretary's action under this subsection may be reviewed only as provided in subsection (e)(2) of this section.
(e)(1) Any person whose application is denied or whose license or permit is revoked shall receive a written notice from the Secretary stating the specific grounds upon which such denial or revocation is based. Any notice of a revocation of a license or permit shall be given to the holder of such license or permit prior to or concurrently with the effective date of the revocation.
(2) If the Secretary denies an application for, or revokes a license, or permit, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation, the Secretary may upon a request of the holder stay the effective date of the revocation. A hearing under this section shall be at a location convenient to the aggrieved party. The Secretary shall give written notice of his decision to the aggrieved party within a reasonable time after the hearing. The aggrieved party may, within sixty days after receipt of the Secretary's written decision, file a petition with the United States court of appeals for the district in which he resides or has his principal place of business for a judicial review of such denial or revocation, pursuant to sections 701-706 of title 5, United States Code.
(f) Licensees and permittees shall make available for inspection at all reasonable times their records kept pursuant to this chapter or the regulations issued hereunder, and shall submit to the Secretary such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe. The Secretary may enter during business hours the premises (including places of storage) of any licensee or permittee, for the purpose of inspecting or examining (1) any records or documents required to be kept by such licensee or permittee, under the provisions of this chapter or regulations issued hereunder, and
(2) any explosive materials kept or stored by such licensee or permittee at such premises.
Upon the request of any State or any political subdivision thereof, the Secretary may make available to such State or any political subdivision thereof, any information which he may obtain by reason of the provisions of this chapter with respect to the identification of persons within such State or political subdivision thereof, who have purchased or received explosive materials, together with a description of such explosive materials.
(g) Licenses and permits issued under the provisions of subsection (b) of this section shall be kept posted and kept available for inspection on the premises covered by the license and permit.

SS 844. Penalties
(a) Any person who violates subsections (a) through (i) of section 842 of this chapter shall be fined not more than $1 0,000 or imprisoned not more than ten years, or both.
(b) Any person who violates any other provision of section 842 of this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(c) Any explosive materials involved or used or intended to be used in any violation of the provisions of this chapter or any other rule or regulation promulgated thereunder or any violation of any criminal law of the United States shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter.
(d) Whoever transports or receives, or attempts to transport or receive, in interstate or foreign cornme.@ce any explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property, shall be imprisoned for not more than ten years, or fined not more than $10,000, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not more than twenty years or fined not more than $20,000, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment as provided in section 34 of this title.
(e) Whoever, through the use of the mail, telephone, telegraph, or other instrument of commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be imprisoned for not more than five years or fined not more than $5,000, or both.
(f) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned, possessed, or used by, or leased to, the United States, any department or agency thereof or any institution or organization receiving Federal financial assistance shall be imprisoned for not more than ten years or fined not more than $10,000, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not more than twenty years or fined not more than $20,000, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment as provided in section 34 of this title.
(g)(1) Except as provided in paragraph (2), whoever possesses an explosive in an airport that is subject to the regulatory authority of the Federal Aviation Administration, or in any building in whole or in part owned, possessed, or used by, or leased to, the United States or any department or agency thereof, except with the written consent of the agency, department, or other person responsible for the management of such building or airport, shall be imprisoned for not more than five years, or fined under this title, or both.
(2) The provisions of this subsection shall not be applicable to
(A) the possession of ammunition (as that term is defined in regulations issued pursuant to this chapter) in an airport that is subject to the regulatory authority of the Federal Aviation Administration if such ammunition is either in checked baggage or in a closed container; or
(B) the possession of an explosive in an airport if the packaging and transportation of such explosive is exempt from, or subject to and in accordance with, regulations of the Research and Special Projects Administration for the handling of hazardous materials pursuant to the Hazardous Materials Transportation Act (49 App.U.S.C. 1801, et seq.).
(h) Whoever
(1) uses fire or an explosive to commit any felony which may be prosecuted in a court of the United States, or
(2) carries an explosive during the commission of any felony which may be prosecuted in a court of the United States, including a felony which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device shall, in addition to the punishment provided for such felony, be sentenced to imprisonment for five years. In the case of a second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for ten years. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the felony in which the explosive was used or carried.
(I) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not more than ten years or fined not more than $1 0,000, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by*.is subsection, shall be imprisoned for not more than twenty years or fined not more than $20,000, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment as provided in section 34 of this title.
0) For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section, the term "explosive" means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible unit, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.
(Amended by Public Law 97-298, SS 2, Oct. 12, 1982, 96 Stat. 1319; Public Law 98- 473, Title 11, SS 1014, Oct. 12, 1984, 98 Stat. 2142; Public Law 100-690, Title VI, SS 6474(a) th). Nov. 18, 1988, 102 Stat. 4379, 4380.)

SS 845. Exceptions; relief from disabilities
(a) Except in the case of subsections (d), (e), (f), (g), (h), and (i) of section 844 of this title, this chapter shall not apply to:
(1) any aspect of the transportation of explosive materials via railroad, water, highway, or air which are regulated by the United States Department of Transportation and agencies thereof;
(2) the use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United States Pharmacopeia, or the National Formulary;
(3) the transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any State or political subdivision thereof;
(4) small arms ammunition and component thereof;
(5) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in section 921 (a)(1 6) of title 18 of the United States Code, or in antique devices as exempted from the term "destructive device" in section 921(a)(4) of title 18 of the United States Code; and
(6) the manufacture under the regulation of the military department of the United States of explosive materials for, or their distribution to or storage or possession by the military or naval services or other agencies of the United States; or to arsenals, navy yards, depots, or other establishments owned by, or operated by or on behalf of, the United States.
(b) A person who had been indicted for or convicted of a crime punishable by imprisonment for a term exceeding one year may make application to the Secretary for relief from the disabilities imposed by this chapter with respect to engaging in the business of importing, manufacturing, or dealing in explosive materials, or the purchase of explosive materials, and incurred by reason of such indictment or conviction, and the Secretary may grant such relief if it is established to his satisfaction that the circumstances regarding the indictment or conviction, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief will not be contrary to the public interest. A licensee or permittee who makes application for relief from the disabilities incurred under this chapter by reason of indictment or conviction, shall not be barred by such indictment or conviction from further operations under his license or permit pending final action on an application for relief filed pursuant to this section.
(Amended by Public Law 99-639, SS 101, Jan. 4, 1975, 88 Stat. 2217.)

SS 846. Additional powers of the Secretary
The Secretary is authorized to inspect the site of any accident, or fire, in which there is reason to believe that explosive materials were involved, in order that if any such incident has been brought about by accidental means, precautions may be taken to preverit similar accidents from occurring.
In order to carry out the purpose of this subsection, the Secretary is authorized to enter into or upon any property where explosive materials have been used, are suspected of having been used, or have been found in an otherwise unauthorized Jw@cation. Nothing in this chapter shall be construed as modifying or otherwise affecting in any way the investigative authority of any other Federal agency. In addition to any other investigatory authority they have with respect to violations of provisions of this chapter, the Attorney General and the Federal Bureau of Investigation, together with the Secretary, shall have authority to conduct investigations with respect to violations of subsection (d), (e), (f), (g), (h), or (i) of section 844 of this title.

SS 847. Rules and regulations
The administration of this chapter shall be vested in the Secretary. The Secretary may prescribe such rules and regulations as he deems reasonably necessary to carry out the provisions of this chapter. The Secretary shall give reasonable public notice, and afford to interested parties opportunity for hearing, prior to prescribing such rules and regulations.

SS 848. Effect on State law
No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.

Title 27, Code of Federal Regulations
Part 55, Commerce in Explosives

-SUBJECT INDEX TO PART 55-
[NOTE: This listing is not necessarily all-inclusive]
APPLICANT/APPLICATION:
Abandoned Application .48
Applicant Must be 21 or Older .49(b)(1)
Applicant Must be Familiar With State and Local Explosives Laws .49(b)(7)
Applicant Must Have Appropriate Storage Facilities .49(b)(6)
Applicant Must Have Premises For Business or Operation .49(b)(5)
Applicant Must Not Be Willful Violator of Law or Regulations .49(b)(3)
Applicant Must Not Have Either Withheld or Made False Statement .49(b)(4)
Application Delay, When .49(c),.83,.142
Approval/Denial Must be Within 45 Days;
Exceptions .49(c)
Approved if Certain Criteria Met .49(b)
Fees.42,.43
Fees Not Refundable .44
Filing For License/Permit .41 (b),.45,.46
Insufficient Fee .47
Water Pollution Control Act Certificate Required .49(b)(8)

BLACK POWDER:
Importation by Nonlicensees/ Nonpermittees .1 08(b)
Nonlicensees/Nonpermittees, Purchase by .26(a)(2),.106(d)
Surplus Stocks to Nonlicensees/ Nonpermittees .105(g)

BUSINESS DISCONTINUANCE: .61,.128

CERTIFIED:
Copies of Licenses and Permits .104
List of Authorized Agents .105(e)
Statement of Intended Use Furnished to Supplier .103(d)

DEFINITIONS; TERMS USED: .11
Disclosure of Information to State and Subdivisions by Request .25

DISTRIBUTIONS TO NONLICENSEES/ NONPERMITTEES:
ATF Form 5400.8, Use of .105(f)
Contiguous State Enactment .105(c)
Disposing of Surplus Stocks .105(d)
Same State Residents (Use Form 5400.4) .1 05(b)

ENTRY AND EXAMINATION:
During Business Hours .24,.121(b)
Right of, by ATF .24,.31,.121(b)
Site of Accident/Fire .31
Use/Storage Locations .24,.31,.121(b)

EXCEPTIONS; EXEMPTIONS:
Black Powder Not Over 50# Used in Antique Firearms/Devices .26,.141(b)
Caps, Fuses, Quills, Matches, Primers .1 41 (b)
Contiguous State Provision .41(a),.105,.126
Distribution, Storage, Possession of Explosive Materials by U.S. .141(a)(5)
Establishments Owned/Operated by/For the United States .141(a)(6)
Gasoline, Fertilizers, Propellant Actuated Devices/Tools .141(a)(8)
Importation/Distribution of DOT "Class C" and "Common Fireworks" .141(a)(7)
Industrial/Laboratory Chemicals .141(a)(9)
Small Arms Ammunition and Components .1 41 (a)(4)
Special Explosive Devices (ATF Approval Required) .32
Transportation, Shipment, Receipt, Importation to tne U.S./State Governments .1 41 (a)(3)
Transportation of Explosive Materials Regulated by DOT .141(a)(1)
Use of Explosive Materials in Prescribed Medicines/Medicinal Agents .141(a)(2)

EXPORTATION: .129

FIREWORKS:
Classes of Explosive Materials .202(a),(b)
Daily Summary of Magazine Transactions .127
Location of Magazines .206(b)
Quantity of Explosive Materials in Process .221
Records-Licensed Dealers .124(b),(c)
Records-Licensed Importers .122(b),(c)
Records-Licensed Manufacturers .1 23(b),(c),(d)
Records-Manufacturers-Limited and Permittees .1 25
Requirements (Effective 1990 and 1991) .201 (d),(e)
Table of Distances Between Process Buildings & Nonprocess Buildings .222
Table of Distances Between Process Buildings & Other Specified Areas .223
Table of Distances For Storage of Special Fireworks (except bulk salutes) .224

FORMS (Obsolete Numbers in Parentheses)
ATF F 5400.4 (471 0), Explosives Transaction Record .105,.126
ATF F 5400.5 (4712), Report of Theft or Loss of Explosive Materials, .30
ATF F 5400.6 (4709), User-Limited Permit .46(b)
ATF F 5400.8 (4721), Explosives Delivery Record .103(a)(4),.105(f)
ATF F 5400.9 (4718), Order After Denial or Revocation Hearing .76
ATF F 5400.10 (4717), Notice of Revocation of License or Permit .74
ATF F 5400.11 (4716), Notice of Denial of Application For License or Permit .72,.74
ATF F 5400.12 (4715), Notice of Contemplated Denial or Revocation of License or Permit .71
ATF F 5400.13/5400.16, (4705; 4707) Application For License or Permit .45(a),(b),.46(b)
ATF F 5400.14/5400.15, Part 1 (4706, Part 1; 4708, Part 1), License or Permit .46
ATF F 5400.14/5400.15, Part III (4706, Part 111; 4708, Part 111), Renewal of Explosives License or Permit .46(a)
ATF F 5400.21, Application/Permit User-Limited Special Fireworks .103(e)
Prescribed by Director, ATF .21
Requests For (How to Obtain) .21(c)

GENERAL PROVISIONS:
Alternate methods or procedures .22(a)
Approved Variations, Retention of .22(c)
Daily Summary of Magazine Transactions .30
Disclosures to State/Local Jurisdictions .25
Emergency variations from requirements .22(b)
Explosive Materials, List of (Annual Publication); Availability .23
Forms prescribed by Director, ATF .21 (a)
Inspection of Site Accidents/Fires-Right of Entry by ATF .31
Loss of Explosive Materials-Reporting .30,.127
Operations After Notice of Denial or Revocation .83
Out-of-State Disposition of Explosive Materials .27
Prohibited Shipment, Transportation, Receipt of Explosive Materials .26
Public Use Forms (Pub 1322.1) .21(b)
Record Retention Period is Five Years .121(a)
Reporting Theft or Loss of Explosive Materials to ATF; Toll-Free Number .30
Requests For Forms (How to Obtain) .21(c)
Right of Entry and Examination .24
Special Explosive Devices-Request For Exemption .32
Stolen Explosive Materials, Prohibited Transactions In .28
Unlawful Storage .29

Identification of Explosive Materials .109

Law: Relation Between State and Federal .62

LICENSE/PERMIT PROCEEDINGS:
Appeal to Director From Decision .79
Cause For Stay of Adverse Action .76
Certification and Transfer of Hearing Record .73,.75
Compliance Opportunity in Absence of Willful Violation .71
Contemplated Revocation .71
Denial of Initial Application .72
Denial of Renewal .74
Hearing-27 CFR Part 200 Incorporated .82
Hearing-Action on License/Permit After .76
Hearing-After Denial or Revocation .75
Hearing-After Initial Application Denied .73
Hearing-Notices Served .81
Hearing-Revocation .74
Judicial Review .80
Operations After Notice of Denial or Revocation .83
Place of Hearing .77
Representation at Hearing .78

LICENSES/PERMITS:
Additional License, When Not Required .41 (b)(1),(2)
Address, Change of .54
Administrator Carrying on Business .59(a)(1)
Alternate Methods or Procedures .22(a)
Amendment Due to Change in Class of Explosives; Magazines .55
Black Powder Exception .41(a)(2)
Business Continuance-Right of Succession .59
Cannot be Issued to Person Prohibited From Receiving, etc. .49(b)(2)
Certain Contiguous States-Exception .41 (a)(1)
Change in Trade Name .56
Change of Address .54
Change of Control .57
Continuing Business While License/Permit Being Amended, Etc. .60
Continuing Partnerships (Death of a Partner) .58
Correction of Error .50
Dealer's License Not Needed, When .41(b)(3)
Duration .51
Executor Carrying on Business .59(a)(1)
Issuance of .49
License Issued to Manufacturer-Limited Valid For Only 30 Days .46(b)
License-Requirements, Restrictions, Duration .41(b),.51,.52
Limitations .52
Manufacturer-Limited Licensee-Authorized Operations .102(a),.103(a)
Nonrenewable Licenses and Permits; Duration of .46(b),.51
Not Transferable .53
Original; Requirements .45
Permit Issued to User-Limited Valid For Single Purchase .46(b)
Permit-Requirements, Restrictions, Duration .41 (b),.51,.52
Permittee-Authorized Operations .102(a)
Posting of .101
Receiver/Trustee in Bankruptcy Situation .59(a)(2)
Recipient to Examine For Accuracy .50 Renewal; Requirements .46(a)
Required To Engage in Business or Activity .41
Sales Up to 45 Days After Expiration .1 03(a)(1)
Separate License Required For Each Business .41(b)
Spouse; Child; Other Legal Representatives Carrying on Business .59(a)(1)
Status Must be Verified Before Sale/Distribution .103(a)(2),(4)
User-Limited Permit-Valid For a Single Purchase; Nonrenewable .51,.103(e)

Loss or Theft of Explosive Materials Must be Reported to ATF .30,.127

MAGAZINES; STORAGE:
Additional (Constructed or Acquired); ATF Notification Requirements .63(d),.201
Change in Class of Explosive Materials; Storage Facilities .55
Change in Construction When Change in Class of Explosive Materials .55
Change in Construction-Method/Timing Notification of ATF .63(a)(4),(c)
Change in Construction-SS 55.63 Must be Met Before Use .63(c),.201
Classes of Explosive Materials .202
Considered "Suitable" if Construction and Table of Distances are Met .63(a)(3)
Federal Standards Confer No Right to Violate State or Other Law .201

FIREWORKS:
Location of Magazines .206(b)
Requirements (Effective 1990 and 1991) .201 (d),(e)
Table of Distances For Storage of Special Fireworks (except bulk salutes) .224
Location; Inhabited Buildings, Other Explosives, etc. .206,.203,.213
Location; Tables of Distances or Separation .206,.218-.220
Magazine to be Inspected Every 7 Days For Possible Unauthorized Entry .204
Magazines-Smoking, Flames, Sparks .212,.29
Magazines Used Under 24 Hours are "Temporary" .63(a)(1)
Quantity and Storage Restrictions .213

STORAGE:
Magazine Housekeeping .215
Magazine Repair .216
Magazines; Lighting Within .217
Must be in Accordance With Regulations .201
Must be in Effect For Explosive Materials; Exceptions .205
Table of Distances For Explosive Materials .218
Table of Distances For Low Explosives .219
Table of Separation Distances: Ammonium Nitrate/Blasting Agents From Explosives .220
Unlawful .29,.212
Within Types 1, 2, 3, and 4 Magazines .214

TYPE:
Type 1 Magazines-Construction, Permanent .207,.206,.213
Type 1 Magazines-Perrnanent, High Explosives .203(a),.207,.213
Type 2 Magazines-Construction of Detonator Boxes .206,.208(c),.213
Type 2 Magazines-Construction of Indoor; Quantity and Class Limitations .208(b),.206,.213
Type 2 Magazines-Construction of Outdoor .208(a),.206,.213
Type 2 Magazines-Mobile and Portable, Indoor and Outdoor, High Explosives .203(b),.208,.213
Type 3 Magazines-Construction of Day Box or Other Portable Magazines .209,.206,.213
Type 3 Magazines-Portable, "Day Box," Temporary Storage, High Explosives .203(c),.209,.213
Type 4 Magazines-Construction of Indoor .21 0(b),.211,.213
Type 4 Magazines-Construction of Outdoor .210(a),.206,.213
Type 4 Magazines-Low Explosives, Detonators That Will Not Mass Detonate .203(d),.210,.213
Type 5 Magazines-Blasting Agents .203(e),.211,.213
Type 5 Magazines-Construction of Indoor .206,.21 1 (b),. 21 3
Type 5 Magazines-Construction of Outdoor .206,.21 1 (a),.213

RECORD RETENTION PERIOD IS FIVE YEARS .1 21 (a)

RECORDS AND REPORTS:
DEALERS:
Acquisition or Disposition .124(d) Alternate Records-Authority For Use .1 24(e)
Distribution to Licensees/Permittees or For Own Use .124(c)
Distribution to Nonlicensees/Nonpermittees .1 24(f),. 1 26
Inventories .124(a),.127 Purchase/Acquisition .124(b)
IMPORTERS:
Alternate Records-Authority For Use .1 22(d)
Distribution to Licensees/Permittees .122(c) Distribution to Nonlicensees/Nonpermittees .1 22(e)
Importation/Acquisition .122(b)
Inventories .122(a)
MANUFACTURERS:
Alternate Records-Authority For Use .1 23(e)
Distribution to Licensees/Permittees .123(c) Distribution to Nonlicensees/Nonpermittees .1 23(f)
Inventories .123(a)
Manufacture For Own Use; Exception .1 23(d)
Manufacture/Acquisition .123(b)
MANUFACTURERS-LIMITED:
Disposition of Surplus Stocks to Licensees/Permittees .125(b)(1)
Disposition of Surplus Stocks to Nonlicensees/Nonpermittees .125(b)(2)
Inventories .125(a)
PERMITTEES:
Acquisition .125(c)
Alternate Records-Authority For Use .1 25(f)
Disposition of Surplus to Licensee/Permittee .125(d)
Disposition of Surplus to Nonlicensees/Nonpermittees .125(e)
Inventories .125(a)

Relation of Part 55 to Other Provisions of Law .2

RELIEF FROM EXPLOSIVES DISABILITY:
Any Person May Make Application For .142(a) Application For, Filed With ATF Director .1 42(b)
Application From Corporation/Officer Requires Additional Information .142(b)
Application Supported by Data Applicant Considers Appropriate .142(b)
Explosives Licensee/Permittee Under Disability .142
Incurred by Indictment, Information or Conviction .142
May be Granted by the Director; When .1 42(c)
When Granted, Relieved of Disabilities Relative to Explosives Business .142(d)

Return of Explosive Materials to Manufacturer .1 03(a)(3)

Scope of Regulations .1

Surplus Stocks, Distribution of .1 02(b),. 1 03(a),(b),. 1 05(d)

Transactions Among Licensees/Permittees .103

UNLAWFUL ACTS; PENALTIES:
Any Explosive Materials Involved in Violation of Any U.S. Criminal Law .166
Any Person Engaging in Business Without a License .161
Failure to Make Entry in Records .121(c)
Failure to Report Theft or Loss of Explosive Materials .165
False Entry in Record by Any Licensee or Permittee .163
False Statement or Representation by Any Person .162
Knowingly Make False Entry in Records .1 21 (c)
Prohibited Disposition, Distribution, or Receipt of Explosive Materials .26,.27,.106
Prohibited Persons .26(b),.106(b),(c)
Unlawful Storage by Any Person .164

VARIATIONS FROM PART 55:
Approvals-Retention of .22(c) Alternate Methods .22(a) Emergency .22(b)

Verification of Business Organizations; Individuals .103(b),(c)

--SECTION INDEX TO PART 55--

Subpart A--Introduction

Sec.
55.1 Scope of regulations.
55.2 Relation to other provisions of law.

Subpart B-Definitions

55.11 Meaning of terms.

Subpart C-Administrative and Miscellaneous Provisions

55.21 Forms prescribed.
55.22 Alternate methods and procedures; emergency variations from requirements.
55-23 List of explosive materials.
55.24 Right of entry and examination.
55.25 Disclosure of information.
55.26 Prohibited shipment, transportation, or receipt of explosive materials.
55-27 Out-of-State disposition of explosive materials.
55.28 Stolen explosive materials.
55.29 Unlawful storage.
55.30 Reporting theft or loss of explosive materials.
55.31 Inspection of site of accidents or fires; right of entry.
55.32 Special explosive devices.

Subpart D-Licenses and Permits

55.41 General.
55.42 License fees.
55.43 Permit fees.
55.44 License or permit fee not refundable.
55.45 Original license or permit.
55.46 Renewal of license or permit.
55.47 Insufficient fee.
55.48 Abandoned application.
55.49 Issuance of license or permit.
55.50 Correction of error on license or permit.
55.51 Duration of license or permit.
55.52 Limitations on license or permit.
55.53 License and permit not transferable.
55.54 Change of address.
55.55 Change in class of explosive materials.
55.56 Change in trade name.
55.57 Change of control.
55.58 Continuing partnerships.
55.59 Right of succession by certain persons.
55.60 Certain continuances of business or operations.
55.61 Discontinuance of business or operations.
55.62 State or other law.
55.63 Explosives magazine changes.

Subpart E-License and Permit Proceedings

55.71 Opportunity for compliance.
55.72 Denial of initial application.
55.73 Hearing after initial application is denied.
55.74 Denial of renewal application or revocation of license or permit.
55.75 Hearing after denial of renewal application or revocation of license or permit.
55.76 Action by regional director (compliance).
55.77 Designated place of hearing.
55.78 Representation at a hearing.
55.79 Appeal on petition to the Director.
55.80 Court review.
55.81 Service on applicant, licensee, or permittee.
55.82 Provisions of Part 200 made applicable.
55.83 Operations by licensees or permittees after notice of denial or revocation.

Subpart F-Conduct of Business or Operations

55.101 Posting of license or permit.
55.102 Authorized operations by permittees and certain licensees.
55.103 Transactions among licensees/permittees.
55.104 Certified copy of license or permit.
55.105 Distributions to nonlicensees and nonpermittees.
55.106 Certain prohibited distributions.
55.107 Record of transactions.
55.108 Importation.
55.109 Identification of explosive materials.

Subpart G--Records and Reports

55.121 General.
55.122 Records maintained by licensed importers.
55.123 Records maintained by licensed manufacturers.
55.124 Records maintained by licensed dealers.
55.125 Records maintained by licensed manufacturers-limited and permittees.
55.126 Explosives transaction record.
55.127 Daily summary of magazine transactions.
55.128 Discontinuance of business.
55.129 Exportation.

Subpart H--Exemptions

55.141 Exemptions.
55.142 Relief from disabilities incurred by indictment, information or conviction.

Subpart I -- Unlawful Acts, Penalties, Seizures, and Forteitfures

55.161 Engaging in business without a license.
55.162 False statement or representation.
55.163 False entry in record.
55.164 Unlawful storage.
55.165 Failure to report theft or loss.
55.166 Seizure or forfeiture.

Subpart K-Storage

55.201 General.
55.202 Classes of explosive materials.
55.203 Types of magazines.
55.204 Inspection of magazines.
55.205 Movement of explosive materials.
55.206 Location of magazines.
55.207 Construction of type 1 magazines.
55.208 Construction of type 2 magazines.
55.209 Construction of type 3 magazines.
55.210 Construction of type 4 magazines.
55.211 Construction of type 5 magazines.
55.212 Smoking and open flames.
55.213 Quantity and storage restrictions.
55.214 Storage within types 1, 2, 3, and 4 magazines.
55.215 Housekeeping.
55.216 Repair of magazines.
55.217 Lighting.
55.218 Table of distances for storage of explosive materials.
55.219 Table of distances for storage of low explosives.
55.220 Table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents.
55.221 Requirements for special fireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks.
55.222 Table of distances between fireworks process buildings and between fireworks process and fireworks nonprocess buildings.
55.223 Table of distances between fireworks process buildings and other specified areas.
55.224 Table of distances for the storage of special fireworks (except bulk salutes).

AUTHORITY. 18 U.S.C. 847.
SOURCE: TD. ATF-87, 46 FR 40384, Aug. 7, 1981, unless otherwise noted.

Subpart A-Introduction

SS 55.1 Scope of regulations.
(a) In general
. The regulations contained in this part relate to commerce in explosives and implement Title XI, Regulation of Explosives (18 U.S.C. Chapter 40; 84 Stat. 952), of the Organized Crime Control Act of 1970 (84 Stat. 922).
(b) Procedural and substantive requirements. This part contains the procedural and substantive requirements relative to:
(1) The interstate of foreign commerce in explosive materials;
(2) The licensing of manufacturers and importers of, and dealers in, explosive materials;
(3) The issuance of user permits;
(4) The conduct of business by licensees and operations by permittees;
(5) The storage of explosive materials;
(6) The records and reports required of licensees and permittees;
(7) Relief from disabilities under this part; and
(8) Exemptions, unlawful acts, penalties, seizures, and forfeitures.

SS 55.2 Relation to other provisions of law.
The provisions in this part are in addition to, and are not in lieu of, any other provision of law, or regulations, respecting commerce in explosive materials. For regulations applicable to commerce in firearms and ammunition, see Part 178 of this chapter. For regulations applicable to traffic in machine guns, destructive devices, and certain other firearms, see Part 179 of this chapter. For statutes applicable to the registration and licensing of persons engaged in the business of manufacturing, importing or exporting arms, ammunition, or implements of war, see section 38 of the Arms Export Control Act (22 U.S.C. 2778), and regulations of Part 47 of this chapter and in Parts 121 through 128 of Title 22, Code of Federal Regulations. For statutes applicable to nonmailable materials, see 18 U.S.C. 1716 and implementing regulations. For statutes applicable to water quality standards, see 33 U.S.C. 1341.

Subpart B-Definitions

SS 55.11 Meaning of terms.
When used in this part, terms are defined as follows in this section. Words in the plural form include the singular, and vice versa, and words indicating the masculine gender include the feminine. The terms "includes" and "including" do not exclude other things not named which are in the same general class or are otherwise within the scope of the term defined.
Act. 18 U.S.C. Chapter 40.
Ammunition. Small arms ammunition or cartridge cases, primers, bullets, or smokeless propellants designed for use in small arms, including percussion caps, and 3/32 inch and other external burning pyrotechnic hobby fuses. The term does not include black powder.
Approved storage facility. A place where explosive materials are stored, consisting of one or more approved magazines, conforming to the requirements of this part and covered by a license or permit issued under this part.
Artificial barricade. An artificial mound or revetted wall of earth of a minimum thickness of three feet, or any other approved barricade that offers equivalent protection.
ATF officer. An officer or employee of the Bureau of Alcohol, Tobacco and Firearms (ATF) authorized to perform any function relating to the administration or enforcement of this part.
Barricaded. The effective screening of a magazine containing explosive materials from another magazine, a building, a railway, or a highway, either by a natural barricade or by a artificial barricade. To be properly barricaded, a straight line from the top of any sidewall of the magazine containing explosive materials to the eave line of any other magazine or building, or to a point 12 feet above the center of a railway or highway, will pass through the natural or artificial barricade.
Blasting agent. Any material or mixture, consisting of fuel and oxidizer, that is intended for blasting and not otherwise defined as an explosive; if the finished product, as mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined. A number 8 test blasting cap is one containing 2 grams of a mixture of 80 percent mercury fulminate and 20 percent potassium chlorate, or a blasting cap of equivalent strength. An equivalent strength cap comprises 0.40-0.45 grams of PETN base charge pressed in an aluminum shell with bottom thickness not to exceed 0.03 of an inch, to a specific gravity of not less than 1.4 g/cc, and primed with standard weights of primer depending on the manufacturer.
Bulk salutes. Salute components prior to final assembly into aerial shells, and finished salute shells held separately prior to being packed with other types of special fireworks.
Bullet-sensitive explosive materials. Explosive materials that can be exploded by 150-grain M2 ball ammunition having a nominal muzzle velocity of 2700 fps (824 mps) when fired from a .30 caliber rifle at a distance of 100 ft (30.5 m), measured perpendicular. The test material is at a temperature of 70 to 75 degrees F (21 to 24 degrees C) and is placed against a 1,6 inch (12.4 mm) steel backing plate.
Bureau. The Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, Washington, DC.
Business premises. When used with respect to a manufacturer, importer, or dealer, the property on which explosive materials are manufactured, imported, stored or distributed. The premises include the property where the records of a manufacturer, importer, or dealer are kept if different than the premises where explosive materials are manufactured, imported, stored or distributed. When used with respect to a user of explosive materials, the property on which the explosive materials are received or stored. The premises includes the property where the records of the users are kept if different than the premises where explosive materials are received or stored.
Chief, Firearms and Explosives Licensing Center. The ATF official responsible for the issuance and renewal of licenses and permits under this part.
Common fireworks. Any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials. Common fireworks are classified as Class C explosives by the U.S. Department of Transportation (DOT). 49 CFR 173.100(r).
Crime punishable by imprisonment for a term exceeding one year. Any offense for which the maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of one year. The term does not include:
(a) Any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or
(b) Any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
Customs officer. Any officer of the Customs Service or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person authorized to perform the duties of an officer of the Customs Service.
Dealer. Any person engaged in the business of distributing explosive materials at wholesale or retail.
Detonator. Any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps.
Director. The Director, Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, Washington, DC.
Distribute. To sell, issue, give, transfer, or otherwise dispose of. The term does not include a mere change of possession from a person to his agent or employee in connection with the agency or employment.
Executed under penalties of perjury. Signed with the required declaration under the penalties of perjury as provided on or with respect to the return, form, or other document or, where no form of declaration is required, with the declaration:
"I declare under the penalties of perjury that this- (insert type of document, such as, statement, application, request, certificate), including the documents submitted in support thereof, has been examined by me and, to the best of my knowledge and belief, is true, correct, and complete."
Explosive actuated device. Any tool or special mechanized device which is actuated by explosives, but not a propellent actuated device.
Explosive materials. Explosives, blasting agents, water gels and detonators. Explosive materials include, but are not limited to, all items in the List of provided for in SS 55.23.
Explosives. Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters.
Fireworks. Any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of "common fireworks" or "special fireworks" described by U.S. Department of Transportation in 49 CFR 173.88 and 173.100.
Fireworks mixing building. Any building or area used for mixing and blending pyrotechnic compositions except wet sparkler mix.
Fireworks nonprocess building. Any office building, fireworks plant warehouse, or other building or area in a fireworks plant where no fireworks, pyrotechnic compositions or explosive materials are processed or stored.
Fireworks plant. All land and buildings thereon used for or in connection with the assembly or processing of fireworks, including warehouses used with or in connection with fireworks plant operations.
Fireworks plant warehouse. Any building or structure used exclusively for the storage of materials which are neither pyrotechnic compositions nor explosive materials used to assemble fireworks.
Fireworks process building. Any mixing building; any building in which pyrotechnic compositions or explosive materials is pressed or otherwise prepared for finished and assembly; or any finishing or assembly building.
Fireworks shipping building. A building used for the packing of assorted special fireworks into shipping cartons for individual public displays and for the loading of packaged displays for shipment to purchasers.
Flash powder. An explosive material intended to produce an audible report and a flash of light when ignited and typically containing potassium perchlorate, sulfur or antimony sulfide, and aluminum metal.
Fugitive from justice. Any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. The term also includes any person who has been convicted of any crime and has fled to avoid imprisonment.
Hardwood. Oak, maple, ash, hickory, or other hard wood, free from loose knots, spaces, or similar defects.
Highway. Any public street, alley, or road. Public highways of class A to D are highways with an average traffic volume of 3,000 or less vehicles per day as specified in American Civil Engineering Practice (Abbett, Vol. 1, Table 46, Section 3-74, 1956 Edition, John Wiley and Sons).
Importer. Any person engaged in the business of importing or bringing explosive materials into the United States for purposes of sale or distribution.
Indictment. Includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.
Inhabited building. Any building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other structure where people are accustomed to assemble, except any building occupied in connection with the manufacture, transportation, storage, or use of explosive materials.
Interstate or foreign commerce. Commerce between any place in a State and any place outside of that State, or within any possession of the United States or the District of Columbia, and commerce between places within the same State but through any place outside of that State.
Licensed dealer. A dealer licensed under this part.
Licensed importer. An importer licensed under this part.
Licensed manufacturer. A manufacturer licensed under this part to engage in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use.
Licensed manufacturer-limited. A manufacturer licensed under this part to engage in the business of manufacturing explosive materials for his own use and not for sale or distribution.
Licensee. Any importer, manufacturer, or dealer licensed under this part.
Magazine. Any building or structure, other than an explosives manufacturing building, used for storage of explosive materials.
Manufacturer. Any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use.
Manufacturer-limited. Any person engaged in the business of manufacturing explosive materials for his own use and not for sale or distribution.
Mass detonation (mass explosion). Explosive materials mass detonate (mass explode) when a unit or any part of a larger quantity of explosive material explodes and causes all or a substantial part of the remaining material to detonate or explode.
Natural barricade. Natural features of the ground, such as hills, or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the magazine when the trees are bare of leaves.
Number 8 test blasting cap. (See definition of "blasting agent.")
Permittee. Any user of explosives for lawful purpose, who has obtained a user permit under this part.
Person. Any individual, corporation, company, association, firm, partnership, society, or joint stock company.
Plywood. Exterior, construction grade (laminated wood) plywood.
Propellant actuated device. Any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge.
Pyrotechnic compositions. A chemical mixture which, upon burning and without explosion, produces visible, brilliant displays, bright lights, or sounds.
Railway. Any steam, electric, or other railroad or railway which carries passengers for hire.
Region. A geographical region of the Bureau of Alcohol, Tobacco and Firearms.
Regional director (compliance). The principal regional official responsible for administering regulations in this part.
Salute. An aerial shell, classified as a special firework, that contains a charge of flash powder and is designed to produce a flash of light and a loud report as the pyrotechnic effect.
Screen barricade. Any barrier that will contain the embers and debris from a fire or deflagration in a process building, thus preventing propagation of fire to other buildings or areas. Such barriers shall be constructed of metal roofing, 1/4 to 1/6 inch (6 to 13 mm) mesh screen, or equivalent material. The barrier extends from floor level to a height such that a straight line from the top of any side wall of the donor building to the eave line of any exposed building intercepts the screen at a point not less than 5 feet (1.5 m) from the top of the screen. The top 5 feet (1.5 m) of the screen is inclined towards the donor building at an angle of 30 to 45 degrees.
Softwood. Fir, pine, or other soft wood, free from loose knots, spaces, or similar defects.
Special fireworks. Large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more than 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "common fireworks." Special fireworks are classified as Class B explosives by the U.S. Department of Transportation. 49 CFR 173.88(d).
State. A State of the United States. The term includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States.
State of residence. The State in which an individual regularly resides or maintains his home. Temporary stay in a State does not mal(e the State of temporary stay the State of residence.
U.S.C. The United States Code.
User-limited permit. A user permit valid only for a single purchase transaction, a new permit being required for a subsequent purchase transaction.
User permit. A permit issued to a person authorizing him:
(a) To acquire for his own use explosive materials from a licensee in a State other than the State in which he resides or from a foreign country, and
(b) To transport explosive materials in interstate or foreign commerce.
Water gels. Explosives or blasting agents that contain a substantial proportion of water
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226) [Amended by TD. ATF- 92, 46 FR 46916, Sept. 23, 1981; TD. ATF-200, 50 FR 10497, Mar. 15, 1985; TD. ATF-290, 54 FR 53053, Dec. 27, 1989; TD. ATF-293, 55 FR 3720, Feb. 5, 1990]

Subpart C-Administrative and Miscellaneous Provisions

SS 55.21 Forms prescribed.
(a)
The Director is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished as indicated by the headings on the form and the instructions on or pertaining to the form. In addition, information called for in each form shall be furnished as required by this part.
(b) Public Use Forms (ATF Publication 1322.1), is a numerical listing of forms issued or used by the Bureau of Alcohol, Tobacco and Firearms. This publication is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.
(c) Requests for forms should be mailed to the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153.
[Amended by TD. ATF-92, 46 FR 46916, Sept. 23, 1981; TD. ATF-249, 52 FR 5961, Feb. 27, 1987]

SS 55.22 Alternate methods or procedures; emergency variations from requirements.
(a)
Alternate methods or procedures. The permittee or licensee, on specific approval by the Director as provided by this paragraph, may use an alternate method or procedure in lieu of a method or procedure specifically prescribed in this part. The Director may approve an alternate method or procedure, subject to stated conditions, when he finds that:
(1) Good cause is shown for the use of the alternate method or procedure;
(2) The alternate method or procedure is within the purpose of, and consistent with the effect intended by, the specifically prescribed method or procedure and that the alternate method or procedure is substantially equivalent to that specifically prescribed method or procedure; and
(3) The alternate method or procedure will not be contrary to any provision of law and will not result in an increase in cost to the Government or hinder the effective administration of this part.
Where the permittee or licensee desires to employ an alternate method or procedure, he shall submit a written application to the regional director (compliance), for transmittal to the Director. The application shall specifically describe the proposed alternate method or procedure and shall set forth the reasons for it. Alternate methods or procedures may not be employed until the application is approved by the Director. The permittee or licensee shall, during the period of authorization of an alternate method or procedure, comply with the terms of the approved application. Authorization of any alternate method or procedure may be withdrawn whenever, in the judgment of the Director, the effective administration of this part is hindered by the continuation of the authorization. As used in this paragraph, alternate methods or procedures include alternate construction or equipment.
(b) Emergency variations from requirements. The Director may approve construction, equipment, and methods of operation other than as specified in this part, where he finds that an emergency exists and the proposed variations from the specified requirements are necessary and the proposed variations:
(1) Will afford security and protection that are substantially equivalent to those prescribed in this part;
(2) Will not hinder the effective administration of this part; and
(3) Will not be contrary to any provisions of law.
Variations from requirements granted under this paragraph are conditioned on compliance with the procedures, conditions, and limitations set forth in the approval of the application. Failure to comply in good faith with the procedures, conditions, and limitations shall automatically terminate the authority for the variations and the licensee or permittee shall fully comply with the prescribed requirements of regulations from which the variations were authorized.
Authority for any variation may be withdrawn whenever, in the judgment of the Director, the effective administration of this part is hindered by the continuation of the variation. Where the licensee or permittee desires to employ an emergency variation, he shall submit a written application to the regional director (compliance) for transmittal to the Director The application shall describe the proposed variation and set forth the reasons for it.
Variations may not be employed until the application is approved, except when the emergency requires immediate action to correct a situation that is threatening to life or property Corrective action may then be taken concurrent with the filing of the application and notification of the Director via telephone.
(c) Retention of approved variations. The licensee or permittee shall retain, as part of his records available for examination by ATF officers, any application approved by the Director under this section.

SS 55.23 List of explosive materials.
The Director shall compile a list of explosive materials, which shall be published and revised at least annually in the Federal Register The List of Explosive Materials (ATF Publication 5400.8), is available at no cost upon request from the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153.
[Amended by TD. ATF-92, 46 FR 46916, Sept. 23, 1981; TD. ATF-290, 54 FR 53054, Dec. 27, 19891

SS 55.24 Right of entry and examination.
Any ATF officer may enter during business hours the premises, including places of storage, of any licensee or permittee for the purpose of inspecting or examining any records or documents required to be kept under this part, and any explosive materials kept or stored at the premises.

SS 55.25 Disclosure of information.
Upon receipt of written request from any State or any political subdivision of a State, the regional director (compliance) may make available to the State or political subdivision any information which the regional director (compliance) may obtain ur,,der the Act with respect to the identification c,@@ persons within the State or political subdivision, who have purchased or received explosive materials, together with a description of the explosive materials.

SS 55.26 Prohibited shipment, transportation, or receipt of explosive materials.
(a)
No person, other than a licensee or permittee, shall transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials. This paragraph does not apply to:
(1) The transportation, shipment, or receipt of explosive materials by a nonlicensed person or nonpermittee who lawfully purchases explosive materials from a licensee in a State contiguous to the purchaser's State of residence if:
(i) The purchaser's State of residence has enacted legislation, currently in force, specifically authorizing a resident of that State to purchase explosive materials in a contiguous State,
(ii) The provisions of SS 55.105(c) are fully complied with, and
(iii) The purchaser is not otherwise prohibited under paragraph (b) of this section from shipping or transporting explosive materials in interstate or foreign commerce or receiving explosive materials which have been shipped or transported in interstate or foreign commerce; or,
(2) The lawful purchase by a nonlicensee or nonpermittee of commercially manufactured black powder in quantities not to exceed 50 pounds, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921 (a)(1 6), or in antique devices as exempted from the term "destructive device" in 18 U.S.C. 921(a)(4).
(b) No person may ship or transport any explosive material in interstate or foreign commerce or receive any explosive materials which have been shipped or transported in interstate or foreign commerce who:
(1) Is under indictment or information for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year,
(2) Is a fugitive from justice,
(3) Is an unlawful user of or addicted to marijuana, or any depressant or stimulant drug, or narcotic drug (as these terms are defined in the Controlled Substances Act; 21 U.S.C. 802), or
(4) Has been adjudicated as a mental defective or has been committed to a mental institution. [Amended by TD. ATF-293, 55 FR 3721, Feb. 5, 1990]

SS 55.27 Out-of-State disposition of explosive materials.
No nonlicensee or nonpermittee shall distribute any explosive materials to any other nonlicensee or nonpermittee who the distributor knows or has reasonable cause to believe does not reside in the State in which the distributor resides.

SS 55.28 Stolen explosive materials.
No person shall receive, conceal, transport, ship, store, barter, sell, or dispose of any stolen explosive materials knowing or having reasonable cause to believe that the explosive materials were stolen.

SS 55.29 Unlawful storage.
No person shall store any explosive materials in a manner not in conformity with this part.

SS 55.30 Reporting theft or loss of explosive materials.
(a) Any licensee or permittee who has knowledge of the theft or loss of any explosive materials from his stock shall, within 24 hours of discovery, report the theft or loss by telephoning 800- 424-9555 (nationwide toll free number) and on ATF F 5400.5 (formerly Form 4712) in accordance with the instructions on the form. Theft or loss of any explosive materials shall also be reported to appropriate local authorities.
(b) Any other person, except a carrier of explosive materials, who has knowledge of the theft or loss of any explosive materials from his stock shall, within 24 hours of discovery, report the theft or loss by telephoning 800-424-9555 (nationwide toll free number) and in writing to the nearest ATF office. Theft or loss shall be reported to appropriate local authorities.
(c) Reports of theft or loss of explosive materials under paragraphs (a) and (b) of this section must include the following information, if known:
(1) The manufacturer or brand name.
(2) The manufacturer's marks of identification (date and shift code).
(3) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, etc.).
(4) Description (dynamite, blasting agents, detonators, etc,),
(5) Size (length and diameter).
(d) A carrier of explosive materials who has knowledge of the theft or loss of any explosive materials shall, within 24 hours of discovery, report the theft or loss by telephoning 800-424-9555 (nationwide toll free number). Theft or loss shall also be reported to appropriate local authorities. Reports of theft or loss of explosive materials by carriers shall include the following information, if known:
(1) The manufacturer or brand name.
(2) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, etc.).
(3) Description (Class A, B, or C explosives, or nitrocarbo-nitrates, as classified by the U.S. Department of Transportation in the Hazardous Materials Table).

SS 55.31 Inspection of site accidents or fires; right of entry.
Any ATF officer may inspect the site of any accident or fire in which there is reason to believe that explosive materials were involved. Any ATF officer may enter into or upon any property where explosive materials have been used, are suspected of having been used, or have been found in an otherwise unauthorized location.

SS 55.32 Special explosive devices.
The Director may exempt certain explosive actuated devices, explosive actuated tools, or similar devices from the requirements of this part. A person who desires to obtain an exemption under this section for any special explosive device, which as designed does not constitute a public safety or security hazard, shall submit a written request to the Director. Each request shall be executed under the penalties of perjury and contain a complete and accurate description of the device, the name and address of the manufacturer or importer, the purpose of and use for which it is intended, and any photographs, diagrams, or drawings as may be necessary to enable the Director to make a determination. The Director may require that a sample of the device be submitted for examination and evaluation. If it is not possible to submit the device, the person requesting the exemption shall advise the Director and designate the place where the device will be available for examination and evaluation.

Subpart D-Licenses and Permits

SS 55.41 General.
(a)
Each person intending to engage in business as an importer or manufacturer of, or a dealer in, explosive materials, including black powder, shall, before commencing business, obtain the license required by this subpart for the business to be operated. Each person who intends to acquire for use explosive materials from a licensee in a State other than the State in which he resides, or from a foreign country, or who intends to transport explosive materials in interstate or foreign commerce, shall obtain a permit under this subpart;
Except that it is not necessary to obtain a permit if the user intends to lawfully purchase:
(1) Explosive materials from a licensee in a State contiguous to the user's State of residence and the user's State of residence has enacted legislation, currently in force, specifically authorizing a resident of that State to purchase explosive materials in a contiguous State, or
(2) Commercially manufactured black powder in quantities not to exceed 50 pounds, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or in antique devices.
(b) Each person intending to engage in business as an explosive materials importer, manufacturer, or dealer shall file an application, with the required fee (see SS 55.42), with ATF in accordance with the instructions on the form (see SS 55.45). A license shall, subject to law, entitle the licensee to transport, ship, and receive explosive materials in interstate or foreign commerce, and to engage in the business specified by the license, at the location described on the license (and in the case of a licensed manufacturer, on site within the same region), for the period stated on the license. A separate license must be obtained for each business premises at which the applicant is to manufacture, import, or distribute explosive materials; except under the following circumstances:
(1) A separate license shall not be required for storage facilities operated by the licensee as an integral part of one business premises or to cover a location used by the licensee solely for maintaining the records required by this part.
(2) A separate license shall not be required of a licensed manufacturer with respect to his on-site manufacturing within the same region.
(3) It shall not be necessary for a licensed importer or a licensed manufacturer (for purposes of sale or distribution) to also obtain a dealer's license in order to engage in business on his licensed premises as a dealer in explosive materials.
(c) Except as provided in paragraph (a) of this section, each person intending to acquire explosive materials from a licensee in a State other than a State in which he resides, or from a foreign country, or who intends to transport explosive materials in interstate or foreign commerce, shall file an application, with the required fee (see SS 55.43), with ATF in accordance with the instructions on the form (see SS 55.45). A permit shall, subject to law, entitle the permittee to acquire, transport, ship, and receive in interstate or foreign commerce explosive materials of the class authorized by this permit. Only one permit is required under this part.
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226)) [Amended by TD. ATF- 200, 50 FR 10497, Mar. 15, 1985]

SS 55.42 License fees.
(a) Each applicant shall pay a fee for obtaining a license, a separate fee being required for each business premises, as follows:
(1) Manufacturer-$50.
(2) Manufacturer-limited (nonrenewable)-$5.
(3) Importer-$50.
(4) Dealer-$20.
(b) Each applicant for a renewal of a license shall pay a fee for a three year license as follows:
(1) Manufacturer-$25.
(2) Importer-$25.
(3) Dealer-$l 0.

SS 55.43 Permit fees.
(a)
Each applicant shall pay a fee for obtaining a permit as follows:
(1) User-$20.
(2) User-limited (nonrenewable)-$2.
(b) Each applicant for a renewal of a user permit shall pay a fee of $10 for a three year permit.

SS 55.44 License or permit fee not refundable.
No refund of any part of the amount paid as a license or permit fee will be made where the operations of the licensee or permittee are, for any reason, discontinued during the period of an issued license or permit. However, the license or permit fee submitted with an application for a license or permit will be refunded if that application is denied, withdrawn, or abandoned, or if a license is cancelled subsequent to having been issued through administrative error.

SS 55.45 Original license or permit.
(a)
Any person who intends to engage in business as an explosive materials importer, manufacturer, or dealer, or who has not timely submitted application for renewal of a previous license issued under this part, shall file with ATF an application for an explosive license on ATF F 5400.13/5400.16 with ATF in accordance with the instructions on the form. The application must be executed under the penalties of perjury and the penalties imposed by 18 U.S.C. 844(a).
The application is to be accompanied by the appropriate fee in the form of a money order or check made payable to the Bureau of Alcohol, Tobacco and Firearms. ATF F 5400.13/5400.16 may be obtained from any ATF office.
(b) Any person, except as provided in SS 55.41 (a), who intends to acquire explosive materials from a licensee in a State other than the State in which that person resides, or from a foreign country, or who intends to transport explosive materials in interstate or foreign commerce, or who has not timely submitted application for renewal of a previous permit issued under this part, shall file an application for an explosives permit on ATF F 5400.13/5400.16 with ATF in accordance with the instructions on the form. The application must be executed under the penalties of perjury and the penalties imposed by 18 U.S.C. 844(a).
The application is to be accompanied by the appropriate fee in the form of a money order or check made payable to the Bureau of Alcohol, Tobacco and Firearms. ATF F 5400.13/5400.16 may be obtained from any ATF office.
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226))
[Amended by ID. ATF-200, 50 FR 10497, Mar. 15, 1985]

SS 55.46 Renewal of license or permit.
(a)
If a licensee or permittee intends to continue the business or operation described on a license or permit issued under this part after the expiration date of the license or permit, he shall, unless otherwise notified in writing by the Chief, Firearms and Explosives Licensing Center, execute and file prior to the expiration of his license or permit an application for license renewal, or an application for permit renewal, on ATF F 5400.14/5400.15 (Part 111), accompanied by the required fee, with ATF in accordance with the instructions on the form. In the event the licensee or permittee does not timely file a renewal application, he shall file an original application as required by SS 55.45, and obtain the required license or permit in order to continue business or operations.
(b) A license issued to a manufacturer-limited is not renewable and is only valid for 30 days from the date of issuance. A user-limited permit is not renewable and is valid for a single purchase transaction. All applications for manufacturer-limited licenses or user-limited permits must be filed on ATF F 5400.13/ATF F 5400.16, as required by SS 55.45.
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226))
[Amended by ID. ATF- 200, 50 FR 10497, Mar. 15, 1985; ID. ATF-290, 54 FR 53053, Dec. 27, 19891]

SS 55.47 Insufficient fee.
If an application is filed with an insufficient fee, the application and fee submitted will be returned to the applicant.
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226))
[Amended by ID. ATF- 200, 50 FR 10498, Mar. 15, 19851

SS 55.48 Abandoned application.
Upon receipt of an incomplete or improperly executed application, the applicant will be notified of the deficiency in the application. If the application is not corrected and returned within 30 days following the date of notification, the application will be considered as having been abandoned and the license or permit fee returned.

SS 55.49 Issuance of license or permit.
(a) The Chief, Firearms and Explosives Licensing Center, shall issue a license or permit if:
(1) A properly executed application for the license or permit is received, and
(2) Through further inquiry or investigation, or otherwise, it is found that the applicant is entitled to the license or permit.
The license or permit will be forwarded to the applicant. Each license or permit will bear a serial number and, except in the case of a nonrenewable license or permit (see SS 55.42 and SS55.43), this number may be assigned to the licensee or permittee to whom issued for as long as he maintains continuity of renewal in the same region.
(b) The Chief, Firearms and Explosives Licensing Center, shall approve a properly executed application for a license or permit, if:
(1) The applicant is 21 years of age or over;
(2) The applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not a person to whom distribution of explosive materials is prohibited under the Act;
(3) The applicant has not willfully violated any provisions of the Act or this part;
(4) The applicant has not knowingly withheld information or has not made any false or fictitious statement intended or likely to deceive, in connection with his application;
(5) The applicant has in a State, premises from which he conducts business or operations subject to license or permit under the Act or from which he intends to conduct business or operations;
(6) The applicant has storage for the class (as described in SS 55.202) of explosive materials described on the application, unless he establishes to the satisfaction of the regional director (compliance) that the business or operations to be conducted will not require the storage of explosive materials.
(7) The applicant has certified in writing that he is familiar with and understands all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business; and
(8) The applicant for a license has submitted the certificate required by section 21 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1341).
(c) The Chief, Firearms and Explosives Licensing Center, shall approve or the regional director (compliance) shall deny any application for a license or permit within the 45-day period beginning on the date a properly executed application was received.
However, when an applicant for license or permit renewal is a person who is, under the provisions of SS 55.83 or SS 55.142, conducting business or operations under a previously issued license or permit, action regarding the application will be held in abeyance pending the completion of the proceedings against the applicant's existing license or permit, or renewal application, or final action by the Director on an application for relief submitted under SS 55.142, as the case may be.
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226)) [Amended by TD. ATF-200, 50 FR 10498, Mar. 15, 1985; TD. ATF-290, 5,f FR 53054, Dec. 27, 1989]

SS 55.50 Correction of error on license or permit.
(a) Upon receipt of a license or permit issued under this part, each licensee or permittee shall examine the license or permit to insure that the information on it is accurate.
If the license or permit is incorrect, the licensee or permittee shall return the license or permit to the Chief, Firearms and Explosives Licensing Center, with a statement showing the nature of the error. The Chief, Firearms and Explosives Licensing Center, shall correct the error, if the error was made in his office, and return the license or permit.
However, if the error resulted from information contained in the licensee's or permittee's application for the license or permit, the Chief, Firearms and Explosives Licensing Center, shall require the licensee or permittee to file an amended application setting forth the correct information and a statement explaining the error contained in the application. Upon receipt of the amended application and a satisfactory explanation of the error, the Chief, Firearms and Explosives Licensing Center, shall make the correction on the license or permit and return it to the licensee or permittee.
(b) When the Chief, Firearms and Explosives Licensing Center, finds through any means other than notice from the licensee or permittee that an incorrect license or permit has been issued:
(1) The Chief, Firearms and Explosives Licensing Center, may require the holder of the incorrect license or permit to return the license or permit for correction, and
(2) If the error resulted from information contained in the licensee's or permittee's application for the license or permit, the Chief, Firearms and Explosives Licensing Center, shall require the licensee or permittee to file an amended application setting forth the correct information, and a statement satisfactorily explaining the error contained in the application. The Chief, Firearms and Explosives Licensing Center, then shall make the correction on the license or permit and return it to the licensee or permittee.
[Amended by TD. ATF-290, 54 FR 53054, Dec. 27, 1989]

SS 55.51 Duration of license or permit.
An original license or permit is issued for a period of one year. A renewal license or permit is issued for a period of three years. However, a manufacturer-limited license is issued for a period of 30 days and a user-limited permit is valid only for a single purchase transaction.

SS 55.52 Limitations on license or permit.
(a) The license covers the business and class (as described in SS 55.202) of explosive materials specified in the license at the licensee's business premises (see SS 55.41(b)).
(b) The permit is valid with respect to the type of operations and class (as described in SS 55.202) of explosive materials specified in the permit.

SS 55.53 License and permit not transferable.
Licenses and permits issued under this part are not transferable to another person. In the event of the lease, sale, or other transfer of the business or operations covered by the license or permit, the successor must obtain the license or permit required by this part before commencing business or operations. However, for rules on right of succession, see SS 55.59.

SS 55.54 Change of address.
During the term of a license or permit, a licensee or permittee may move his business or operations to a new address at which he intends to regularly carry on his business or operations, without procuring a new license or permit. However, in every case, the licensee or permittee shall:
(a) Give notification of the new location of the business or operations to the Chief, Firearms and Explosives Licensing Center at least 1 0 days before the move; and
(b) Submit the license or permit to the Chief, Firearms and Explosives Licensing Center. The Chief, Firearms and Explosives Licensing Center will issue an amended license or permit, which will contain the new address (and new license or permit number, if any).
[Amended by TD. ATF-290, 54 FR 53054, Dec. 27, 1989]

SS 55.55 Change in class of explosive materials.
A licensee or permittee who intends to change the class of explosive materials described in his license or permit from a lower to a higher classification (see SS 55.202) shall file an application on ATF F 5400.13/5400.16 with the Chief, Firearms and Explosives Licensing Center for an amended license or permit. If the change in class of explosive materials would require a change in magazines, the amended application must include a description of the type of construction as prescribed in this part. Business or operations with respect to the new class of explosive materials may not be commenced before issuance of the amended license or amended permit. Upon receipt of the amended license or amended permit, the licensee or permittee shall submit his superseded license or superseded permit and any copies furnished with the license or permit to the Chief, Firearms and Explosives Licensing Center.
[Amended by TD. ATF-290, 54 FR 53053, Dec. 27, 19891

SS 55.56 Change in trade name.
A licensee or permittee continuing to conduct business or operations at the location shown on his license or permit is not required to obtain a new license or permit by reason of a mere change in trade name under which he conducts his business or operations. However, the licensee or permittee shall furnish his license or permit and any copies furnished with the license or permit for endorsement of the change to the Chief, Firearms and Explosives Licensing Center, within 30 days from the date the licensee or permittee begins his business or operations under the new trade name. [Amended by TD. ATF-290, 54 FR 53054, Dec. 27, 1989]

SS 55.57 Change of control.
In the case of a corporation or association holding a license or permit under this part, if actual or legal control of the corporation or association changes, directly or indirectly, whether by reason of change in stock ownership or control (in the corporation holding a license or permit or in any other corporation), by operation of law, or in any other manner, the licensee or permittee shall, within 30 days of the change, give written notification executed under the penalties of perjury, to the Chief, Firearms and Explosives Licensing Center. Upon expiration of the license or permit, the corporation or association shall file an ATF F 5400.13/5400.16 as required by SS 55.45, and pay the fee prescribed in SS 55.42(b) or in SS 55.43(b).
[Amended by TD. ATF-290, 54 FR 53054, Dec. 27, 1989]

SS 55.58 Continuing partnerships.
Where, under the laws of the particular State, the partnership is not terminated on death or insolvency of a partner, but continues until the winding up of the partnership affairs is completed, and the surviving partner has the exclusive right to the control and possession of the partnership assets for the purpose of liquidation and settlement, the surviving partner may continue to conduct the business or operations under the license or permit of the partnership. If the surviving partner acquires the business or operations on completion of settlement of the partnership, he shall obtain a license or permit in his own name from the date of acquisition, as provided in SS 55.45. The rule set forth in this section will also apply where there is more than one surviving partner.

SS 55.59 Right of succession by certain persons. (a) Certain persons other than the licensee or permittee may secure the right to carry on the same explosive materials business or operations at the same business premises for the remainder of the term of license or permit. These persons are:
(1) The surviving spouse or child, or executor, administrator, or other legal representative of a deceased licensee or permittee; and
(2) A receiver or trustee in bankruptcy, or an assignee for benefit of creditors.
(b) In order to secure the right of succession, the person or persons continuing the business or operations shall submit the license or permit and all copies furnished with the license or permit for endorsement of the succession to the Chief, Firearms and Explosives Licensing Center, within 30 days from the date on which the successor begins to carry on the business or operations.
[Amended by TD. ATF-290, 54 FR 53054, Dec. 27, 19891

SS 55.60 Certain continuances of business or operations.
A licensee or permittee who furnishes his license or permit to the Chief, Firearms and Explosives Licensing Center, for correction, amendment, or endorsement, as provided in this subpart, may continue his business or operations while awaiting its return.
[Amended by TD. ATF-290, 54 FR 53054, Dec. 27, 19891

SS 55.61 Discontinuance of business or operations.
Where an explosive materials business or operations is either discontinued or succeeded by a new owner, the owner of the business or operations discontinued or succeeded shall, within 30 days, furnish notification of the discontinuance or succession and submit his license or permit and any copies furnished with the license or permit to the Chief, Firearms and Explosives Licensing Center. (See also SS 55.128.)
[Amended by TD. ATF-290, 54 FR 53054, Dec. 27, 19891

SS 55.62 State or other law.
A license or permit issued under this part confers no right or privilege to conduct business or operations, including storage, contrary to State or other law. The holder of a license or permit issued under this part is not, by reason of the rights and privileges granted by that license or permit, immune from punishment for conducting an explosive materials business or operations in violation of the provisions of any State or other law. Similarly, compliance with the provisions of any State or other law affords no immunity under Federal law or regulations.

SS 55.63 Explosives magazine changes.
(a) General.
(1) The requirements of this section are applicable to magazines used for other than temporary (under 24 hours) storage of explosives.
(2) A magazine is considered suitable for the storage of explosives if the construction requirements of this part are met during the time explosives are stored in the magazine.
(3) A magazine is considered suitable for the storage of explosives if positioned in accordance with the applicable table of distances as specified in this part during the time explosives are stored in the magazine.
(4) For the purposes of this section, notification of the regional director (compliance) may be by telephone or in writing. However, if notification of the regional director (compliance) is in writing it must be at least three business days in advance of making changes in construction to an existing magazine or constructing a new magazine, and at least five business days in advance of using any reconstructed magazine or added magazine for the storage of explosives.
(b) Exception. Mobile or portable type 5 magazines are exempt from the requirements of paragraphs (c) and (d) of this section, but must otherwise be in compliance with paragraphs (a)(2) and (3) of this section during the time explosives are stored in such magazines.
(c) Changes in magazine construction. A licensee or permittee who intends to make changes in construction of an existing magazine shall notify the regional director (compliance) describing the proposed changes prior to making any changes. Unless otherwise advised by the regional director (compliance), changes in construction may commence after explosives are removed from the magazine. Explosives may not be stored in a reconstructed magazine before the regional director (compliance) has been notified in accordance with paragraph (a)(4) of this section that the changes have been completed.
(d) Additional magazines. A licensee or permittee who intends to construct or acquire additional magazines shall notify the regional director (compliance) in accordance with paragraph (a)(4) of this section describing the additional magazines and the class and quantity of explosives to be stored in the magazine.
Unless otherwise advised by the regional director (compliance), additional magazines may be constructed, or acquired magazines may be used for the storage of explosives. Explosives must not be stored 'in a magazine under construction. The regional director (compliance) must be notified that construction has been completed.

Subpart E-License and Permit Proceedings

SS 55.71 Opportunity for compliance.
Except in cases of willfulness or those in which the public interest requires otherwise, and the regional director (compliance) so alleges in the notice of denial of an application or revocation of a license or permit, no license or permit will be revoked or renewal application denied without first calling to the attention of the licensee or permittee the reasons for the contemplated action and affording him an opportunity to demonstrate or achieve compliance with all lawful requirements and to submit facts, arguments, or proposals of adjustment.
The notice of contemplated action, ATF F 54(,O.12, will afford the licensee or permittee 15 -,-Ia@ 3 fror-r the date of receipt of the notice to respond. If no response is received within the 15 ,days, or if after consideration of relevant matters presented by the licensee or permittee, the regional director (compliance) finds that the licensee or permittee is not likely to abide by the law and regulations, he will proceed as provided in SS 55.74.

SS 55.72 Denial of initial application.
Whenever the regional director (compliance) has reason to believe that an applicant for an original license or permit is not eligible to receive a license or permit under the provisions of SS 55.49, he shall issue a notice of denial on ATF F 5400.1 1.
The notice will set forth the matters of fact and law relied upon in determining that the application should be denied, and will afford the applicant 15 days from the date of receipt of the notice in which to request a hearing to review the denial. If no request for a hearing is filed within that time, a copy of the application, marked "Disapproved", will be returned to the applicant.

SS 55.73 Hearing after initial application is denied.
If the applicant for an original license or permit desires a hearing, he shall file a request with the regional director (compliance) within 15 days after receipt of the notice of denial. The request should include a statement of the reasons for a hearing. On receipt of the request, the regional director (compliance) shall refer the matter to an administrative law judge who shall set a time and place (see SS 55.77) for a hearing and shall serve notice of the hearing upon the applicant and the regional director (compliance) at least 10 days in advance of the hearing date.
The hearing will be conducted in accordance with the hearing procedures prescribed in Part 200 of this chapter (see SS 55.82). Within a reasonable time after the conclusion of the hearing, and as expeditiously as possible, the administrative law judge shall render his recommended decision. He shall certify to the complete record of the proceedings before him and shall immediately forward the complete certified record, together with four copies of his recommended decision, to the regional director (compliance) for decision.

SS 55.74 Denial of renewal application or revocation of license or permit.
If following the opportunity for compliance under SS 55.71, or without opportunity for compliance under SS 55.71, as circumstances warrant, the regional director (compliance) finds that the licensee or permittee is not likely to comply with the law or regulations or is otherwise not eligible to continue operations authorized under his license or permit, the regional director (compliance) shall issue a notice of denial of the renewal application or revocation of the license or permit, ATF F 5400.11 or ATF F 5400.10, as appropriate.
In either case, the notice will set forth the matters of fact constituting the violations specified, dates, places, and the sections of law and regulations violated. The notice will, in the case of revocation of a license or permit, specify the date on which the action is effective, which date will be on or after the date the notice is served on the licensee or permittee. The notice will also advise the licensee or permittee that he may, within 15 days after receipt of the notice, request a hearing and, if applicable, a stay of the effective date of the revocation of his license or permit.

SS 55.75 Hearing after denial of renewal application or revocation of license or permit.
If a licensee or permittee whose renewal application has been denied or whose license or permit has been revoked desires a hearing, he shall file a request for a hearing with the regional director (compliance). In the case of the revocation of a license or permit, he may include a request for a stay of the effective date of the revocation.
On receipt of the request the regional director (compliance) shall advise the licensee or permittee whether the stay of the effective date of the revocation is granted. If the stay of the effective date of the revocation is granted, the regional director (compliance) shall refer the matter to an administrative law judge who shall set a time and place (see SS 55.77) for a hearing and shall serve notice of the hearing upon the licensee or permittee and the regional director (compliance) at least 10 days in advance of the hearing date.

If the stay of the effective date of the revocation is denied, the licensee or permittee may request an immediate hearing. In this event, the regional director (compliance) shall immediately refer the matter to an administrative law judge who shall set a date and place for a hearing, which date shall be no later than 10 days from the date the licensee or permittee requested an immediate hearing. The hearing will be held in accordance with the applicable provisions of Part 200 of this chapter.
Within a reasonable time after the conclusion of the hearing, and as expeditiously as possible, the administrative law judge shall render his decision. He shall certify to the complete record of the proceeding before him and shall immediately forward the complete certified record, together with two copies of his decision, to the regional director (compliance), serve one copy of his decision on the licensee or permittee or his counsel, and transmit a copy to the Attorney for the Government.

SS 55.76 Action by regional director (compliance). (a) Initial application proceedings.
If, upon receipt of the record and the recommended decision of the administrative law judge, the regional director (compliance) decides that the license or permit should be issued, the regional director (compliance) shall cause the application to be approved, briefly stating, for the record, his reasons. If he contemplates that the denial should stand, he shall serve a copy of the administrative law judge's recommended decision on the applicant, informing the applicant of his contemplated action and affording the applicant not more than 10 days in which to submit proposed findings and conclusions or exceptions to the recommended decision with supporting reasons.
If the regional director (compliance), after consideration of the record of the hearing and of any proposed findings, conclusions, or exceptions filed with him by the applicant, approves the findings, conclusions and recommended decision of the administrative law judge, the regional director (compliance) shall cause the license or permit to be issued or disapprove the application accordingly.
If he disapproves the findings, conclusions, and recommendation of the administrative law judge, in whole or in part, he shall by order make such findings and conclusions as in his opinion are warranted by the law and the facts in the record. Any decision of the regional director (compliance) ordering the disapproval of an initial application for a license or permit shall state the findings and conclusions upon which it is based, including his ruling upon each proposed finding, conclusion, and exception to the administrative law judge's recommended decision, together with a statement of his findings and conclusions, and reasons or basis for his findings and conclusions, upon all material issues of fact, law or discretion presented on the record. A signed duplicate original of the decision will be served upon the applicant and the original copy containing certificate of service will be placed in the official record of the proceedings.
If the decision of the regional director (compliance) is in favor of the applicant, he shall'issue the license or permit, to be effective on issuance.
(b) Renewal application and revocation proceedings.
Upon receipt of the complete certified records of the hearing, the regional director (compliance) shall enter an order confirming the revocation of the license or permit, or disapproving the application, in accordance with the administrative law judge's findings and decision, unless he disagrees with the findings and decision. A signed duplicate original of the order, ATF F 5400.9, will be served upon the licensee or permittee and the original copy containing certificate of service will be placed in the official record of the proceedings.
If the regional director (compliance) disagrees with the findings and decision of the administrative law judge, he shall file a petition with the Director for review of the findings and decision, as provided in SS 55.79.
In either case, if the renewal application denial is sustained, a copy of the application marked "Disapproved" will be returned to the applicant. If the renewal application denial is reversed, a license or permit will be issued to become effective on expiration of the license or permit being renewed, or on the date of issuance, whichever is later.
If the proceedings involve the revocation of a license or permit which expired before a decision is in favor of the licensee or permittee, the regional director (compliance) shall:
(1) If renewal application was timely filed and a stay of the effective date of the revocation was granted, cause to be issued a license or permit effective on the date of issuance;
(2) If renewal application was not timely filed but a stay of the effective date of the revocation had been granted, request that a renewal application be filed and, following that, cause to be issued a license or permit to be effective on issuance; or,
(3) If a stay of the effective date of the revocation had not been granted, request that an application be filed as provided in SS 55.45, and process it in the same manner as for an application for an original license or permit.
(c) Curtailment of stay of revocation effective date.
If, after approval of a request for a stay of the effective date of an order revoking a license or permit but before actions are completed under this subpart, the regional director (compliance) finds that it is contrary to the public interest for the licensee or permittee to continue the operations or activities covered by his license or permit, the regional director (compliance) may issue a notice of withdrawal of the approval, effective on the date of issuance. Notice of withdrawal will be served upon the licensee or permittee in the manner provided in SS 55.81.
[Amended by TD. ATF-290, 54 FR 53054, Dec. 27, 1989]

SS 55.77 Designated place of hearing.
The designated place of hearing set as provided in SS 55.73 or SS 55.75, will be at the location convenient to the aggrieved party.

SS 55.78 Representation at a hearing.
An applicant, licensee, or permittee may be represented by an attorney, certified public accountant, or other person recognized to practice before the Bureau of Alcohol, Tobacco and Firearms as provided in 31 CFR Part 8, if he has otherwise complied with the applicable requirements of 26 CFR 601.521 through 601.527. The regional director (compliance) shall be represented in proceedings under SSSS 55.73 and 55.75 by an attorney in the office of the chief counsel or regional counsel who is authorized to execute and file motions, briefs, and other papers in the proceedings, on behalf of the regional director (compliance), in his own name as "Attorney for the Government".
[Amended by TD. ATF-92, 46 FR 46916, Sept. 23, 1981]

SS 55.79 Appeal on petition to the Director.
An appeal to the Director is not required prior to filing an appeal with the U.S. Court of Appeals for judicial review. An appeal may be taken by the applicant, licensee, or permittee to the Director from a decision resulting from a hearing under SS 55.73 or SS 55.75. An appeal may also be taken by a regional director (compliance) from a decision resulting from a hearing under SS 55.75 as provided in SS 55.76(b). The appeal shall be taken by filing a petition for review on appeal with the Director within 15 days of the service of an administrative law judge's decision or an order. The petition will set forth facts tending to show:
(a) Action of an arbitrary nature,
(b) Action without reasonable warrant in fact, or
(c) Action contrary to law and regulations.
A copy of the petition will be filed with the regional director (compliance) or served on the applicant, licensee, or permittee, as the case may be. In the event of appeal, the regional director (compliance) shall immediately forward the complete original record, by certified mail, to the Director for his consideration, review, and disposition as provided in Subpart I of Part 200 of this chapter. When, on appeal, the Director affirms the initial decision of the regional director (compliance) or the administrative law judge, as the case may be, the initial decision will be final.

SS 55.80 Court review.
An applicant, licensee, or permittee may, within 60 days after receipt of the decision of the administrative law judge or the final order of the regional director (compliance) or the Director, file a petition for a judicial review of the decision, with the U.S. Court of Appeals for the district in which he resides or has his principal place of business. The Director, upon notification that a petition has been filed, shall have prepared a complete transcript of the record of the proceedings.
The regional director (compliance) or the Director, as the case may be, shall certify to the correctness of the transcript of the record, forward one copy to the attorney for the Government in the review of the case, and file the original record of the proceedings with the original certificate in the U.S. Court of Appeals.

SS 55.81 Service on applicant, licensee, or permiftee.
All notices and other formal documents required to be served on an applicant, licensee, or permittee under this subpart will be served by certified mail or by personal delivery. Where service is by personal delivery, the signed duplicate original copy of the formal document will be delivered to the applicant, licensee, or permittee, or, in the case of a corporation, partnership, or association, by delivering it to an officer, manager, or general agent, or to its attorney of record.

SS 55.82 Provisions of Part 200 made applicable.
The provisions of Subpart G of Part 200 of this chapter, as well as those provisions of Part 200 relative to failure to appear, withdrawal of an application or surrender of a permit, the conduct of hearings before an administrative law judge, and record of testimony, are hereby made applicable to application, license, and permit proceedings under this subpart to the extent that they are not contrary to or incompatible with this subpart.

SS 55.83 Operations by licensees or permittees after notice of denial or revocation.
In any case where a notice of revocation has been issued and a request for a stay of the effective
(c) Curtailment of stay of revocation effective date.
If, after approval of a request for a stay of the effective date of an order revoking a license or permit but before actions are completed under this subpart, the regional director (compliance) finds that it is contrary to the public interest for the licensee or permittee to continue the operations or activities covered by his license or permit, the regional director (compliance) may issue a notice of withdrawal of the approval, effective on the date of issuance. Notice of withdrawal will be served upon the licensee or permittee in the manner provided in SS 55.81.
[Amended by TD. ATF-290, 54 FR 53054, Dec. 27, 1989]

SS 55.77 Designated place of hearing.
The designated place of hearing set as provided in SS 55.73 or SS 55.75, will be at the location convenient to the aggrieved party.

SS 55.78 Representation at a hearing.
An applicant, licensee, or permittee may be represented by an attorney, certified public accountant, or other person recognized to practice before the Bureau of Alcohol, Tobacco and Firearms as provided in 31 CFR Part 8, if he has otherwise complied with the applicable requirements of 26 CFR 601.521 through 601.527. The regional director (compliance) shall be represented in proceedings under SSSS 55.73 and 55.75 by an attorney in the office of the chief counsel or regional counsel who is authorized to execute and file motions, briefs, and other papers in the proceedings, on behalf of the regional director (compliance), in his own name as "Attorney for the Government".
[Amended by TD. ATF-92, 46 FR 46916, Sept. 23, 1981]

SS 55.79 Appeal on petition to the Director.
An appeal to the Director is not required prior to filing an appeal with the U.S. Court of Appeals for judicial review. An appeal may be taken by the applicant, licensee, or permittee to the Director from a decision resulting from a hearing under SS 55.73 or SS 55.75. An appeal may also be taken by a regional director (compliance) from a decision resulting from a hearing under SS 55.75 as provided in SS 55.76(b). The appeal shall be taken by filing a petition for review on appeal with the Director within 15 days of the service of an administrative law judge's decision or an order. The petition will set forth facts tending to show:
(a) Action of an arbitrary nature,
(b) Action without reasonable warrant in fact, or
(c) Action contrary to law and regulations.
A copy of the petition will be filed with the regional director (compliance) or served on the applicant, licensee, or permittee, as the case may be. In the event of appeal, the regional director (compliance) shall immediately forward the complete original record, by certified mail, to the Director for his consideration, review, and disposition as provided in Subpart I of Part 200 of this chapter. When, on appeal, the Director affirms the initial decision of the regional director (compliance) or the administrative law judge, as the case may be, the initial decision will be final.

SS 55.80 Court review.
An applicant, licensee, or permittee may, within 60 days after receipt of the decision of the administrative law judge or the final order of the regional director (compliance) or the Director, file a petition for a judicial review of the decision, with the U.S. Court of Appeals for the district in which he resides or has his principal place of business. The Director, upon notification that a petition has been filed, shall have prepared a complete transcript of the record of the proceedings.
The regional director (compliance) or the Director, as the case may be, shall certify to the correctness of the transcript of the record, forward one copy to the attorney for the Government in the review of the case, and file the original record of the proceedings with the original certificate in the U.S. Court of Appeals.

SS 55.81 Service on applicant, licensee, or permiftee.
All notices and other formal documents required to be served on an applicant, licensee, or permittee under this subpart will be served by certified mail or by personal delivery. Where service is by personal delivery, the signed duplicate original copy of the formal document will be delivered to the applicant, licensee, or permittee, or, in the case of a corporation, partnership, or association, by delivering it to an officer, manager, or general agent, or to its attorney of record.

SS 55.82 Provisions of Part 200 made applicable.
The provisions of Subpart G of Part 200 of this chapter, as well as those provisions of Part 200 relative to failure to appear, withdrawal of an application or surrender of a permit, the conduct of hearings before an administrative law judge, and record of testimony, are hereby made applicable to application, license, and permit proceedings under this subpart to the extent that they are not contrary to or incompatible with this subpart.

SS 55.83 Operations by licensees or permittees after notice of denial or revocation.
In any case where a notice of revocation has been issued and a request for a stay of the effective date of the revocation has not been granted, the licensee or permittee shall not engage in the activities covered by the license or permit pending the outcome of proceedings under this subpart. In any case where notice of revocation has been issued but a stay of the effective date of the revocation has been granted, the licensee or permittee may continue to engage in the activities covered by his license or permit unless, or until, formally notified to the contrary:
Provided, That in the event the license or permit would have expired before proceedings under this subpart are completed, timely renewal application must have been filed to continue the license or permit beyond its expiration date. In any case where a notice of denial of a renewal application has been issued, the licensee or permittee may continue to engage in the activities covered by the existing license or permit after the date of expiration of the license or permit until proceedings under this subpart are completed.

Subpart F-Conduct of Business or Operations

SS 55.101 Posting of license or permit.
A license or permit issued under this part, or a copy of a license or permit, will be posted and available for inspection on the business premises at each place where explosive materials are manufactured, imported, or distributed.

SS 55.102 Authorized operations by permittees and certain licensees.
(a) In general.
The license issued to a manufacturer-limited does not authorize that licensee to engage in another class of business required to be licensed under the Act or this part. Therefore, if a licensed manufacturer-limited intends to manufacture explosive materials for purposes of sale or distribution or to deal in explosive materials, he shall qualify for the appropriate license. Similarly, a permit issued under this part does not authorize the permittee to engage in the business of manufacturing, importing, or dealing in explosive materials. Accordingly, if a permittee's operations bring him within the definition of a manufacturer, importer, or dealer under this part, he shall qualify for the appropriate license.
(b) Distributions of surplus stocks.
Licensed manufacturers-limited and permittees are not authorized to engage in the business of sale or distribution of explosive materials. However, these licensees or permittees may dispose of surplus stocks of explosive materials to other licensees or permittees in accordance with SS 55.103, and to nonlicensees or to nonpermittees in accordance with SS 55.105(d).

SS 55.103 Transactions among licensees/permiftees.

(a) General.
(1) A licensed importer, licensed manufacturer or licensed dealer selling or otherwise distributing explosive materials (or a permittee or a licensed manufacturer-limited disposing of surplus stock to another licensee or permittee) who has the certified information required by this section may sell or distribute explosive materials to a licensee or permittee for not more than 45 days following the expiration date of the distributee's license or permit, unless the distributor knows or has reason to believe that the distributee's authority to continue business or operations under this part has been terminated.
(2) A licensed importer, licensed manufacturer or licensed dealer selling or otherwise distributing explosive materials (or a permittee or a licensed manufacturer-limited disposing of surplus stock to another licensee or permittee) shall verify the license or permit status of the distributes prior to the release of explosive materials ordered, as required by this section.
(3) Licensees or permittees desiring to return explosive materials to a licensed manufacturer may do so without obtaining a certified copy of the manufacturer's license.
(4) Where possession of explosive materials is transferred at the distributor's premises, the distributor shall in all instances verify the identity of the person accepting possession on behalf of the distributee before relinquishing possession. Before the delivery at the distributor's premises of explosive materials to an employee of a licensee or permittee, or to an employee of a carrier transporting explosive materials to a licensee or permittee, the distributor delivering explosive materials shall obtain an executed ATF F 5400.8 from the employee before releasing the explosive materials. The ATF F 5400.8 must contain all of the information required on the form and required by this part.
Example 1. An ATF F 5400.8 is required when:
a. An employee of the purchaser takes possession at the distributor's premises.
b. An employee of a carrier hired by the purchaser takes possession at the distributor's premises.
Example 2. An ATF F 5400.8 is not required when:
a. An employee of the distributor takes possession of the explosives for the purpose of transport to the purchaser.
b. An employee of a carrier hired by the distributor takes possession of the explosives for the purpose of transport to the purchaser.
(b) License/permit verification of individuals.
(1) The distributes shall furnish a certified copy
(or, in the case of a user-limited, the original) of the license or permit. The certified copy need be furnished only once during the current term of the license or permit. Also, a licensee need not furnish certified copies of licenses to other licensed locations operated by such licensee.
(2) The distributor may obtain any additional verification as the distributor deems necessary.
(c) License/permit verification of business organizations.
(1) A business organization may (in lieu of furnishing a certified copy of a license) furnish the distributor a certified list which contains the name, address, license number and date of license expiration of each lice,-ised location. The certified list need be furnished only once during the current term of the license or permit. Also, a business organization need not furnish a certified list to other licensed locations operated by such business organization.
(2) A business organization shall, prior to ordering explosive materials, furnish the licensee or permittee a current certified list of the representatives or agents authorized to order explosive materials on behalf of the business organization showing the name, address, and date and place of birth of each representative or agent. A licensee or permittee shall not distribute explosive materials to a business organization on the order of a person who does not appear on the certified list of representatives or agents and, if the person does appear on the certified list, the licensee or permittee shall verify the identity of such person.
(d) Licensee/permittee certified statement.
(1) A licensee or permittee ordering explosive materials from another licensee or permittee shall furnish a current, certified statement of the intended use of the explosive materials; e.g., resale, mining, quarrying, agriculture, construction, road building, oil well drilling, seismographic research, to the distributor.
(2) For individuals, the certified statement of intended use must specify the name, address, date and lace of birth, and social security number of the distributes.
(3) For business organizations, the certified statement of intended use must specify the taxpayer identification number, the identity and the principal and local places of business.
(4) The licensee or permittee purchasing explosive materials need revise the furnished copy of the certified statement only when the information is no longer current.
(e) User-limited permit transactions.
A user-limited permit issued under the provisions of this part is valid for only a single purchase transaction and is not renewable (see SS55.51)Accordingly, at the time a user-limited permittee orders explosive materials, the licensed distributor shall write on the front of the user- limited permit the transaction date, his signature, and the distributor's license number prior to returning the permit to the user-limited permittee.

SS 55.104 Certified copy of license or permit.
Except in the case of a nonrenewable user's permit (see SSSS 55.43 and 55.51), each person issued a license or permit under this part who desires an additional copy of his license or permit for certification and for use under SS 55.103, shall,
(a) Make a reproduction of his license or permit and execute the certification on it;
(b) Make a reproduction of his license or permit, enter on the reproduction the statement:
"I certify that this is a true copy of a (insert the word license or permit) issued to me to engage in the specified business or operations"
and sign his name next to the statement; or (c) Submit a request, in writing, for certified copies of his license or permit to the Chief, Firearms and Explosives Licensing Center. The request will show the name, trade name (if any), and address of the licensee or permittee and the number of copies of the license or permit desired. There is a fee of $1 for each copy of a license or permit issued by the Chief, Firearms and Explosives Licensing Center, under this paragraph.
Fee payment must accompany each request for additional copies of a license or permit. The fee must be paid by money order or check made payable to the Bureau of Alcohol, Tobacco and Firearms.
[Amended by TD. ATF-290, 54 FR 53054, Dec. 27, 1989]

SS 55.105 Distributions to nonlicensees and nonpermittees.
(a) This section will apply in any case where distribution of explosive materials to the distributes is not otherwise prohibited by the Act or this part.
(b) Except as provided in paragraph (c) of this section, a licensed importer, licensed manufacturer, or licensed dealer may distribute explosive materials to a nonlicensee or nonpermittee if the nonlicensee or nonpermittee is a resident of the same State in which the licensee's business premises are located, and the nonlicensee or nonpermittee furnishes to the licensee the explosives transaction record, ATF F 5400.4, required by SS 55.126. Disposition of ATF F 5400.4 will be made in accordance with SS 55.126.

(c) A licensed importer, licensed manufacturer, or licensed dealer may sell or distribute explosive materials to a resident of a State contiguous to the State in which the licensee's place of business is located if the purchaser's State or re,,.,!dence has enacted legislation, currently in force, specifically authorizing a resident of that State to purchase explosive materials in a contiguous State and the purchaser and the licensee have, prior to the distribution of the explosive materials, complied with all the requirements of paragraphs (b), (e), and (@ of this section applicable to intrastate transactions occurring on the licensee's business premises.

(d) A licensed manufacturer-limited or a permittee may dispose of surplus stocks of explosive materials to a nonlicensee or nonpermittee if the nonlicensee or nonpermittee is a resident of the same State in which the licensee's or permittee's business premises or operations are located, or is a resident of a State contiguous to the State in which the licensee's or permittee's place of business or operations are located, and if the requirements of paragraphs (b), (c), (e) and (f) of this section are fully met.

(e) A licensed importer, licensed manufacturer, or licensed dealer selling or otherwise distributing explosive materials to a business entity shall verify the identity of the representative or agent of the business entity who is authorized to order explosive materials on behalf of the business entity. Each business entity ordering explosive materials shall furnish the distributing licensee prior to or with the first order of explosive materials a current certified list of the names of representatives or agents authorized to order explosive materials on behalf of the business entity. The business entity ordering explosive materials is responsible for keeping the certified list current. A licensee shall not distribute explosive materials to a business entity on the order of a person whose name does not appear on the certified list.

(f) Where the possession of explosive materials is transferred at the distributor's premises, the distributor shall in all instances verify the identity of the person accepting possession on behalf of the distributes before relinquishing possession. Before the delivery at the distributor's premises of explosive materials to an employee of a nonlicensee or nonpermittee, or to an employee of a carrier transporting explosive materials to a nonlicensee or nonpermittee, the distributor delivering explosive materials shall obtain an executed ATF F 5400.8 from the employee before releasing the explosive materials. The ATF F 5400.8 must contain all of the information required on the form and by this part. (See examples in SS 55.103(a).)

(g) A licensee or permittee disposing of surplus

stock may sell or distribute commercially manufactured black powder in quantities of 50 pounds or

less to a nonlicensee or nonpermittee if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16), or in antique devices as exempted from the term "destructive device" in 18 U.S.C. 921(a)(4). [Amended by TD. ATF-293, 55 FR 3721, Feb. 5, 1990]

SS 55.106 Certain prohibited distributions.

(a) A licensee shall not distribute explosive materials to any person not licensed or holding a permit under this part, who the licensee knows or has reason to believe does not reside in the State in which the licensee's place of business is located. This paragraph does not apply to the distribution of explosive materials to a resident of a State contiguous to the State in which the licensee's place of business is located, if the requirements of SS 55.105(c) are fully met.

(b) A licensee shall not distribute any explosive materials to any person:

(1) Who the licensee knows is less than 21 years of age;

(2) In any State where the purchase, possession, or use by a person of explosive materials would be in violation of any State law or any published ordinance applicable at the place of distribution;

(3) Who the licensee has reason to believe intends to transport the explosive materials into a

State where the purchase, possession, or use of

explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into the State or to receive explosive materials in the State; or

(4) Who the licensee has reasonable cause to believe intends to use the explosive materials for other than a lawful purpose.

(c) A licensee shall not distribute any explosive materials to any person knowing or having reason to believe that the person:

(1) Is, except as provided under SS 55.142(d) and (e), under indictment or information for, or was convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of marijuana, or any

depressant or stimulant drug, or narcotic drug (as these terms are defined in the Controlled Substances Act, 21 U.S.C. 802); or

(4) Was adjudicated as a mental defective or was committed to a mental institution.

(d) The provisions of this section do not apply to the purchase of commercially manufactured black powder in quantities not to exceed 50 pounds, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or in antique devices.

SS 55.107 Record of transactions.

Each licensee and permittee shall keep records of explosive materials as required by Subpart G of this part.

SS 55.108 Importation.

(a) Explosive materials imported or brought into the United States by a licensed importer or permittee may be released from customs custody to the licensed importer or permittee upon proof of his status as a licensed importer or permittee. Proof of status must be made by the licensed importer or permittee furnishing to the customs officer a certified copy of his license or permit (see SS 55.103).

(b) A nonlicensee or nonpermittee may import or bring into the United States commercially manufactured black powder in quantities not to exceed 50 pounds.

(c) The provisions of this section are in addition to, and are not in lieu of, any applicable requirement under 27 CFR Part 47.

SS 55.109 Identification of explosive materials.

(a) Each licensed manufacturer of explosive materials shall legibly identify by marking all explosive materials he manufactures for sale or distribution.

The marks required by this section must identify the manufacturer and the location, date, and shift of manufacture. The licensed manufacturer shall place on each cartridge, bag, or other immediate container of explosive materials manufactured for sale or distribution the required mark which shall also be placed on the outside container, if any, used for their packaging.

(b) Exceptions.

(1) Licensed manufacturers of blasting caps are

only required to place the identification marks prescribed in paragraph (a) on the containers used for the packaging of blasting caps.

(2) The Director may authorize other means of identifying explosive materials upon receipt of a letter application from the licensed manufacturer showing that other identification is reasonable and will not

hinder the effective administration of this part.

(3) The Director may authorize the use of other means of identification on fireworks instead of marks prescribed in paragraph (a) of this section.

Subpart G-Records and Reports

SS 55.121 General.

(a)(1) Licensees and permittees shall keep records pertaining to explosive materials in permanent form (i.e., commercial invoices, record books) and in the manner required in this subpart.

(2) Licensees and permittees shall keep records required by this subpart on the business premises for five years from the date a transaction occurs or until discontinuance of business or operations by the licensee or permittee. (See also SS 55.128 for discontinuance of business or operations.)

(b) ATF officers may enter the premises of any licensee or permittee for the purpose of examining or inspecting any record or document required by or obtained under this part (see SS 55.24). Section 843(f) of the Act requires licensees and permittees to make all required records available for examination or inspection at all reasonable times. Section 843(f) of the Act also requires licensees and permittees to submit all reports and information relating to all required records and their contents, as the regulations in this part prescribe.

(c) Each licensee and permittee shall maintain all records of importation, production, shipment, receipt, sale, or other disposition, whether temporary or permanent, of explosive materials as the regulations in this part prescribe. Sections 842(f) and 842(g) of the Act make it unlawful for any licensee or permittee knowingly to make any false entry in, or fail to make entry in, any record required to be kept under the Act and the regulations in this part.

(Amended by TD. ATF-172, 49 FR 14941, Apr. 16, 1984]

SS 55.122 Records maintained by licensed importers.

(a) Each licensed importer shall take true and accurate physical inventories which will include all explosive materials on hand required to be accounted for in the records kept under this part. The licensed importer shall take a special inventory: . (1) At the time of commencing business, which is the effective date of the license issued upon original qualification under this part;

(2) At the time of changing the location of his business to another region;

(3) At the time of discontinuing business; and

(4) At any time the regional director (compliance) may in writing require.

Each special inventory is to be prepared in duplicate, the original of which is submitted to the regional director (compliance), and the duplicate retained by the licensed importer. If a special inventory specified by paragraphs (a)(1) through (4) of this section has not been taken during the calendar year, at least one physical inventory will be taken. However, the record of the yearly inventory, other than a special inventory required by paragraphs (a)(1) through (4) of this section, will remain on file for inspection instead of being sent to the regional director (compliance). (See also SS 55.127.)

(b) Each licensed importer shall, not later than the close of the next business day following the date of importation or other acquisition of explosive materials, enter the following information in a separate record:

(1) Date of importation or other acquisition.

(2) Name or brand name of manufacturer and country of manufacture.

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of special fireworks, etc.).

(5) Description (dynamite (dyn), blasting agents (ba), detonators (det), special fireworks (sf), etc.) and size (length and diameter or diameter only of special fireworks).

(c) Each licensed importer shall, not later than the close of the next business day following the date of distribution of any explosive materials to another licensee or a permittee, enter in a separate record the following information:

(1) Date of disposition.

(2) Name or brand name of manufacturer and country of manufacture.

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as

pounds of explosives, number of detonators, number of special fireworks, etc.).

(5) Description (dynamite (dyn), blasting agents (ba), detonators (det), special fireworks (sf), etc.) and size (length and diameter or diameter only of special fireworks).

(6) License or permit number of licensee or permittee to whom the explosive materials are distributed.

(d) The regional director (compliance) may authorize alternate records to be maintained by a licensed importer to record his distribution of explosive materials when it is shown by the licensed importer that alternate records will accurately and readily disclose the information required by paragraph (c) of this section. A licensed importer who proposes to use alternate records shall submit a letter application to the regional director (compliance) and shall describe the proposed alternate records and the need for them. Alternate records are not to be employed by the licensed importer until approval is received from the regional director (compliance).

(e) Each licensed importer shall maintain separate records of the sales or other distribution made of explosive materials to nonlicensees or nonpermittees. These records are maintained as prescribed by SS 55.126.

[Amended by TD. ATF-172, 49 FR 14941, Apr. 16, 1984; TD. ATF-293, 55 FR 3721, Feb. 5, 1990]

SS 55.123 Records maintained by licensed manufacturers.

(a) Each licensed manufacturer shall take true and accurate physical inventories which will include all explosive materials on hand required to be accounted for in the records kept under this part. The licensed manufacturer shall take a special inventory:

(1) At the time of commencing business, which is the effective date of the license issued upon original qualification under this part;

(2) At the time of changing the location of his premises to another region;

(3) At the time of discontinuing business; and

(4) At any other time the regional director (compliance) may in writing require.

Each special inventory is to be prepared in duplicate, the original of which is submitted to the regional director (compliance), and the duplicate retained by the licensed manufacturer. If a special inventory required by paragraphs (a)(1) through (4) of this section has not been taken during the calendar year, at least one physical inventory will be taken. However, the record of the yearly inventory, other than a special inventory required by paragraphs (a)(1) through (4) of this section, will remain on file for inspection instead of being sent to the regional director (compliance). (See also SS 55.127.)

(b) Each licensed manufacturer shall not later than the close of the next business day following the date of manufacture or other acquisition of explosive materials, enter the following information in a separate record:

(1) Date of manufacture or other acquisition.

(2) Manufacturer's marks of identification.

(3) Quantity (applicable quantity units, such as

pounds of explosives, number of detonators, number of special fireworks, etc.).

(4) Name, brand name or description (dynamite (dyn), blasting agents (ba), detonators (det), special fireworks (sf), etc.) and size (length and diameter or diameter only of special fireworks).

(c) Each licensed manufacturer shall, not later than the close of the next business day following the date of distribution of any explosive materials to another licensee or a permittee, enter in a separate record the following information:

(1) Date of disposition.

(2) Name or brand name of manufacturer or name of importer, as applicable, if acquired other than by his own manufacture.

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of special fireworks, etc.).

(5) Description (dynamite (dyn), blasting agents (ba), detonators (det), special fireworks (sf), etc.) and size (length and diameter or diameter only of special fireworks).

(6) License or permit number of licensee or permittee to whom the explosive materials are distributed.

(d) Each licensed manufacturer who manufactures explosive materials for his own use shall, not later than the close of the next business day following the date of use, enter in a separate record the following information:

(1) Date of use.

(2) Quantity (applicable quantity units, such as

pounds of explosives, number of detonators, number of special fireworks, etc.).

(3) Description (dynamite (dyn), blasting agents (ba), detonators (det), special fireworks (sf), etc.) and size (length and diameter or diameter only of special fireworks).

Exception: A licensed manufacturer is exempt from the recordkeeping requirements of this subsection if the explosive materials are manufactured for his own use and used within a 24 hour period at the same site.

(e) The regional director (compliance) may authorize alternate records to be maintained by a licensed manufacturer to record his distribution or use of explosive materials when it is shown by the licensed manufacturer that alternate records will accurately and readily disclose the information required by paragraph (c) of this section. A licensed manufacturer who proposes to use alternate records shall submit a letter application to the regional director (compliance) and shall describe the proposed alternate records and the need for them. Alternate records are not to be employed by the licensed manufacturer until approval is received from the regional director (compliance).

(f) Each licensed manufacturer shall maintain separate records of the sales or other distribution made of explosive materials to nonlicensees or nonpermittees. These records are maintained as prescribed by SS 55.126.

[Amended by TD. ATF-172, 49 FR 14941, Apr. 16, 1984; TD.

ATF-293, 55 FR 3721, Feb. 5, 1990]

SS 55.124 Records maintained by licensed dealers.

(a) Each licensed dealer shall take true and accurate physical inventories which will include all explosive materials on hand required to be accounted for in the records kept under this part. The licensed dealer shall take a special inventory:

(1) At the time of commencing business, which is the effective date of the license issued upon original qualification under this part;

(2) At the time of changing the location of his premises to another region;

(3) At the time of discontinuing business; and

(4) At any other time the regional director (compliance) may in writing require.

Each special inventory is to be prepared in duplicate, the original of which is submitted to the regional director (compliance), and the duplicate retained by the licensed dealer. If a special inventory required by paragraphs (a)(1) through (4) of this section has not been taken during the calendar year, at least one physical inventory will be taken. However, the record of the yearly inventory, other than a special inventory required by paragraphs (a)(1) through (4) of this section, will remain on file for inspection instead of being sent to the regional director (compliance). (See also SS 55.127.)

(b) Each licensed dealer shall, not later than the close of the next business day following the date of purchase or other acquisition of explosive materials (except as provided in paragraph (d) of this section), enter the following information in a separate record:

(1) Date of acquisition.

(2) Name or brand name of manufacturer and name of importer (if any).

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of special fireworks, etc.).

(5) Description (dynamite (dyn), blasting agents (ba), detonators (det), special fireworks (sf), etc.) and size (length and diameter or diameter only of special fireworks).

(6) Name, address, and license or permit number of the person from whom the explosive materials are received.

(c) Each licensed dealer shall, not later than the close of the next business day following the date of use (if the explosives are used by the dealer) or the date of distribution of any explosive materials to another licensee or a permittee (except as provided in paragraph (d) of this section), enter in a separate record the following information:

(1) Date of disposition.

(2) Name or brand name of manufacturer and name of importer (if any).

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of special fireworks, etc.).

(5) Description (dynamite (dyn), blasting agents (ba), detonators (det), special fireworks (sf), etc.) and size (length and diameter or diameter only of special fireworks).

(6) License or permit number of licensee or permittee to whom the explosive materials are distributed.

(d) When a commercial record is kept by a licensed dealer showing the purchase or other acquisition information required for the permanent record prescribed by paragraph (b) of this section, or showing the distribution information required for the permanent record prescribed by paragraph (c) of this section, the licensed dealer acquiring or distributing the explosive materials may, for a period not exceeding seven days following the date of acquisition of distribution of the explosive materials, delay making the required entry into the permanent record of acquisition or distribution. However, until the required entry of acquisition or disposition is made in the permanent record, the commercial record must be:

(1) Kept by the licensed dealer separate from other commercial documents kept by the licensee, and

(2) Readily available for inspection on the licensed premises.

(e) The regional director (compliance) may authorize alternate records to be maintained by a licensed dealer to record his acquisition or disposition of explosive materials, when it is shown by the licensed dealer that alternate records will accurately and readily disclose the required information. A licensed dealer who proposes to use alternate records shall submit a letter application to the regional director (compliance) and shall describe the proposed alternate records and the need for them. Alternate records are not to be employed by the licensed dealer until approval is received from the regional director (compliance).

(f) Each licensed dealer shall maintain separate records of the sales or other distribution made of explosive materials to nonlicensees or nonpermittees. These records are maintained as prescribed by SS 55.126.

[Amended by TD. ATF-172, 49 FR 14941, Apr. 16, 1984; TD. ATF-293, 56 FR 3721, Feb. 5, 19901

SS 55.125 Records maintained by licensed manufacturers-limited and permittees.

(a) Each licensed manufacturer-limited and each permittee will take true and accurate physical inventories which will include all explosive materials on hand required to be accounted for in the records kept under this part. The licensed manufacturer-limited or permittee shall take a special inventory:

(1) At the time of commencing business, which is the effective date of the license or permit issued upon original qualification under this part;

(2) At the time of changing the location of his premises to another region;

(3) At the time of discontinuing business; and

(4) At any other time the regional director (compliance) may in writing require.

Each special inventory is to be prepared in duplicate, the original of which is submitted to the regional director (compliance) and the duplicate retained by the licensee or permittee. If a special inventory required by paragraphs (a)(1) through (4) of this section has not been taken during the calendar year, a permittee is required to take at least one physical inventory. However, the record of the yearly inventory, other than a special inventory required by paragraphs (a)(1) through (4) of this section, will remain on file for inspection instead of being sent to the regional director (compliance). (See also SS 55.127).

(b)(1) Each licensed manufacturer-limited shall, not later than the close of the next business day following the date of disposition of surplus stocks of explosive materials to another licensee or to a permittee, enter in a separate record the information prescribed in SS 55.123(c).

(2) Each licensed manufacturer-limited shall maintain separate records of disposition of surplus stocks of explosive materials to nonlicensees or nonpermittees as prescribed by SS 55- 126.

(c) Each permittee shall, not later than the close of the next business day following the date of acquisition of explosive materials, enter the following information in a separate record:

(1) Date of acquisition.

(2) Name or brand name of manufacturer.

(3) Manufacturer's marks of identification.

(4) Quantity (applicable quantity units, such as

pounds of explosives, number of detonators, number of special fireworks, etc.).

(5) Description (dynamite (dyn), blasting agents (ba), detonators (det), special fireworks (sf), etc.) and size (length and diameter or diameter only of special fireworks).

(6) Name, address, and license number of the persons from whom the explosive materials are received.

(d) Each permittee shall, not later than the close of the next business day following the date of disposition of surplus explosive materials to another permittee or a licensee, enter in a separate record the information prescribed in SS 55.124(c).

(e) Each permittee shall maintain separate records of disposition of surplus stocks of explosive materials to nonlicensees or nonpermittees as prescribed in SS 55.126.

(f) The regional director (compliance) may authorize alternate records to be maintained by a permittee to record his acquisition of explosive materials, when it is shown by the permittee that alternate records will accurately and readily disclose the required information. A permittee who proposes to use alternate records shall submit a letter application to the regional director (compliance) and shall describe the proposed alternate records and the need for them. Alternate records are not to be employed by the permittee until approval is received from the regional director (compliance).

[Amended by ID. ATF-172, 49 FR 14941, Apr. 16, 1984; ID. ATF-293, 55 FR 3722, Feb. 5, 1990]

SS 55.126 Explosives transaction record.

(a) A licensee or permittee shall not temporarily or permanently distribute explosive materials to any person, other than another licensee or permittee, unless he records the transaction on an explosives transaction record, ATF F 5400.4.

(b) Before the distribution of explosive materials to a nonlicensee or nonpermittee who is a resident of the State in which the licensee or permittee maintains his business premises, or to a nonlicensee or nonpermittee who is not a resident of the State in which the licensee or permittee maintains his business premises and is acquiring explosive materials under SS 55.105(c), the licensee or permittee distributing the explosive materials shall obtain an executed ATF F 5400.4 from the distributes which contains all of the information required on the form and by the regulations in this part.

(c) Completed ATF F 5400.4 is to be retained by the licensee or permittee as part of his permanent records in accordance with paragraph (d) of this section.

(d) Each ATF F 5400.4 is retained in numerical (by transaction serial number) order commencing with "l " and continuing in regular sequence. When the numbering of any series reaches "1,000,000," the licensee or permittee may recommence the series. The recommenced series is to be given an alphabetical prefix or suffix. Where there is a change in proprietorship, or in the individual, firm, corporate name or trade name, the series in use at the time of the change may be continued.

(e) The requirements of this section are in addition to any other recordkeepi'ng requirement contained in this part.

(f) A licensee or permittee may obtain, upon request, a supply of ATF F 5400.4 from the ATF Distribution Center (see SS 55.21(c) for address).

[Amended by ID. ATF-93, 46 FR 50787, Oct. 15, 1981; ID. ATF-172, 49 FR 14941, Apr. 16, 19841

SS 55.127 Daily summary of magazine transactions.

In taking the inventory required by SSSS 55.122, 55.123, 55.124, and 55.125, a licensee or permittee shall enter the inventory in a record of daily transactions to be kept at each magazine of an approved storage facility; however, these records may be kept at one central location on the business premises if separate records of daily transactions are kept for each magazine.

Not later than the close of the next business day, each licensee and permittee shall record by manufacturer's name or brand name, the total quantity received in and removed from each magazine during the day, and the total remaining on hand at the end of the day.

Quantity entries for special fireworks may be expressed as the number and size of individual special fireworks in a finished state or as the number of packaged display segments or packaged displays. Information as to the number and size of special fireworks contained in any one packaged display segment or packaged display shall be provided to any ATF officer on request.

Any discrepancy which might indicate a theft or loss of explosive materials is to be reported in accordance with SS 55.30.

[Amended by ID. ATF-172, 49 FR 14941, Apr. 16, 1984; ID. ATF-293, 55 FR 3717, Feb. 5, 1990]

SS 55.128 Discontinuance of business.

Where an explosive materials business or operations is discontinued and succeeded by a new licensee, the records prescribed by this subpart shall appropriately reflect such facts and shall be delivered to the successor. Where discontinuance of the business or operations is absolute, the records required by this subpart shall be delivered within 30 days following the business or operations discontinuance to any ATF office located in the region in which the business was located, or to the ATF Firearms Outof-Business Records Center, 3361 F 75th Avenue, Landover, Maryland 20785. Where State law or local ordinance requires the delivery of records to other responsible authority, the Chief, Firearms and Explosives Licensing Center may arrange for the delivery of the records required by this subpart to such authority. (See also, SS 55.61.)

[Amended by ID. ATF-290, 54 FR 53054, Dec. 27, 19891

SS 55.129 Exportation.

Exportation of explosive materials is to be in accordance with the applicable provisions of section 38 of the Arms Export Control Act (22 U.S.C. 2778) and implementing regulations. However, a licensed importer, licensed manufacturer, or licensed dealer exporting explosive materials shall maintain records showing the manufacture or acquisition of explosive materials as required by this part and records showing the quantity, the manufacturer's name or brand name of explosive materials, the name and address of the foreign consignee of the explosive materials, and the date the explosive materials were exported.

Subpart H-Exemptions

SS 55.141 Exemptions.

(a) General.

This part does not apply with respect to:

(1) Any aspect of the transportation of explosive materials via railroad, water, highway, or air which is regulated by the U.S. Department of Transportation and its agencies.

(2) The use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United State eia or the National Formulary. The United States Pharmacopeia and the National Formulary, USP and NF Compendia, are available from the United States Pharmacopeial Convention, Inc., 12601 Twinbrook Parkway, Rockville, Maryland 20852.

(3) The transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any State or its political subdivision.

(4) Small arms ammunition and components of small arms ammunition.

(5) The manufacture under the regulation of the military department of the United States of explosive materials for, or their distribution to or storage or possession by, the military or naval services or other agencies of the United States.

(6) Arsenals, navy yards, depots, or other establishments owned by, or operated by or on behalf of, the United States.

(7) The importation and distribution of fireworks classified as Class C explosives and generally known as "common fireworks", and other Class C explosives, as described by U.S. Department of Transportation regulations in 49 CFR 173.100 (p), (r), (t), (u) and (x).

(8) Gasoline, fertilizers, propellant actuated devices, or propellant actuated industrial tools manufactured, imported, or distributed for their intended purposes.

(9) Industrial and laboratory chemicals which are intended for use as reagents and which are packaged and shipped pursuant to U.S. Department of Transportation regulations, 49 CFR Parts 1 00 to 177, which do not require explosives hazard warning labels.

(b) Black powder.

Except for the provisions applicable to persons required to be licensed under subpart D, this part does not apply with respect to commercially manufactured black powder in quantities not to exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms, as defined in 18 U.S.C. 921 (a)(1 6) or antique devices, as exempted from the term "destructive devices" in 18 U.S.C. 921(a)(4).

[Amended by TD. ATF-87, 46 FR 46916, Sept. 23, 1981; TD. ATF-293, 55 FR 3722, Feb. 5, 19901

SS 55.142 Relief from disabilities incurred by indictment, information or conviction.

(a) Any person may make application for relief from the disabilities under the Act incurred by reason of an indictment or information for, or conviction of, a crime punishable by imprisonment for a term exceeding one year.

(b) An application for relief from disabilities is filed with the Director and supported by data that the applicant considers appropriate. In the case of a corporation, or of any person having the power to direct or control the management of the corporation, the supporting data is to include information as to the absence of culpability in the offense for which the corporation, or any such person, was indicted, formally accused or convicted.

(c) The Director may grant relief to an applicant if it is established to the satisfaction of the Director that the circumstances regarding the indictment, information or conviction and the applicant's record and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety, and that the granting of the relief would not be contrary to the public interest.

(d) A person who has been granted relief under this section is relieved of any disabilities imposed by the Act with respect to engaging in the business of importing, manufacturing, or dealing in explosive materials, or the purchase of explosive materials, that were incurred by reason of such indictment, information or conviction.

(e)(1) A licensee or permittee who is under indictment or information for, or convicted of, a crime punishable by imprisonment for a term exceeding one year during the term of a current license or permit, or while he has pending a license or permit renewal application, shall not be barred from licensed or permit operations for 30 days after the date of indictment or information or 30 days after the date upon which his conviction becomes final. Also, if he files his application for relief under this section within such 30 day period, he may further continue licensed or permit operations while his application is pending. A licensee or permittee who does not file an application within 30 days from the date of his indictment or information, or within 30 days from the date his conviction becomes final, shall not continue licensed or permit operations beyond 30 days from the date of his indictment or information or beyond 30 days from the date his conviction becomes final.

(2) In the event the term of a license or permit of a person expires during the 30 day period following the date of indictment or information or during the 30 day period after the date upon which his conviction becomes final or while his application for relief is pending, he shall file a timely application for renewal of his license or permit in order to continue licensed or permit operations. The license or permit application is to show that the applicant has been indicted or under information for, or convicted of, a crime punishable by imprisonment for a term exceeding one year.

(3) A licet see or permittee shall not continue licensed or permit operations beyond 30 days following the date the Director issues notification that the licensee's or permittee's application for removal of the disabilities resulting from an indictment, information or conviction has been denied.

(4) When a licensee or permittee may no longer

continue licensed or permit operations under this section, any application for renewal of license of permit filed by the licensee or permittee while his application for removal of disabilities resulting from an indictment, information or conviction is pending, will be denied by the regional director (compliance).

Subpart 1-Unlawful Acts, Penalties, Seizures and Forfeitures

SS 55.161 Engaging in business without a license.

Any person engaging in the business of importing, manufacturing, or dealing in explosive materials without a license issued under the Act, shall be fined not more than $10,000 or imprisoned not more than 1 0 years, or both.

SS 55.162 False statement or representation.

Any person who knowingly withholds information or makes any false or fictitious oral or written statement or furnishes or exhibits any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the Act, shall be fined not more than $1 0,000 or imprisoned not more than 10 years, or both.

SS 55.163 False entry in record.

Any licensed importer, licensed manufacturer, licensed manufacturer-limited, licensed dealer, or permittee who knowingly makes any false entry in any record required to be kept under Subpart G of this part, shall be fined not more than $10,000 or imprisoned not more than 10 years, or both.

SS 55.164 Unlawful storage.

Any person who stores any explosive material in a manner not in conformity with this part, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

SS 55.165 Failure to report theft or loss.

Any person who has knowledge of the theft or loss of any explosive materials from his stock and fails to report the theft or loss within 24 hours of discovery in accordance with SS 55.30, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

SS 55.166 Seizure or forfeiture.

Any explosive materials involved or used or intended to be used in any violation of the Act or of this part or in any violation of any criminal law of the United States are subject to seizure and forfeiture, and all provisions of title 26, U.S.C. relating to the seizure, forfeiture, and disposition of firearms, as defined in 26 U.S.C. 5845(a), will, so far as applicable, extend to seizures and forfeitures under the Act.

Subpart K-Storage

SS 55.201 General.

(a) Section 8420) of the Act and SS 55.29 of this part require that the storage of explosive materials by any person must be in accordance with the regulations in this part. Further, section 846 of this Act authorizes regulations to prevent the recurrence of accidental explosions in which explosive materials were involved. The storage standards prescribed by this subpart confer no right or privileges to store explosive materials in a manner contrary to State or local law.

(b) The Director may authorize alternate construction for explosives storage magazines when it is shown that the alternate magazine construction is substantially equivalent to the standards of safety and security contained in this subpart. Any alternate explosive magazine construction approved by the Director prior to August 9, 1982, will continue as approved unless notified in writing by the Director. Any person intending to use alternate magazine construction shall submit a letter application to the regional director (compliance) for transmittal to the Director, specifically describing the proposed magazine. Explosive materials may not be stored in alternate magazines before the applicant has been notified that the application has been approved.

(c) A licensee or permittee who intends to make changes in his magazines, or who intends to construct or acquire additional magazines, shall comply with SS 55.63.

(d) The regulations set forth in SSSS 55.221 through 55.224 pertain to the storage of special fireworks, pyrotechnic compositions and explosive materials used in assembling fireworks.

(e) The provisions of SS 55.202(a) classifying flash powder and bulk salutes as high explosives are mandatory after March 7, 1990:

Provided, that those persons who hold licenses or permits under this part on that date shall, with respect to the premises covered by such licenses or permits, comply with the high explosives storage requirements for flash powder and bulk salutes by March 7, 1991.

[Amended by TD. ATF-293, 55 FR 3722, Feb. 5, 1990]

SS 55.202 Classes of explosive materials.

For purposes of this part, there are three classes of explosive materials. These classes, together with the description of explosive materials comprising each class, are as follows:

(a) High explosives. Explosive materials which can be caused to detonate by means of a blasting cap when unconfined, (for example, dynamite, flash powders, and bulk salutes). See also SS 55.201(e).

(b) Low explosives. Explosive materials which can be caused to deflagrate when confined, (for example, black powder, safety fuses, igniters, igniter cords, fuse lighters, and "special fireworks" defined as Class B explosives by U.S. Department of Transportation regulations in 49 CFR Part 173, except for bulk salutes).

(c) Blasting agents. (For example, ammonium nitrate-fuel oil and certain water gels (see also SS 55.1 1). [Amended by TD. ATF-293, 55 FR 3722, Feb. 5, 19901

SS 55.203 Types of magazines.

For purposes of this part, there are five types of magazines. These types, together with the classes of explosive materials, as defined in SS 55.202, which will be stored in them, are as follows:

(a) Type 1 magazines. Permanent magazines for the storage of high explosives, subject to the limitations prescribed by SS 55.206 and SS 55.213. Other classes of explosive materials may also be stored in type 1 magazines.

(b) Type 2 magazines. Mobile and portable indoor and outdoor magazines for the storage of high explosives, subject to the limitations prescribed by SSSS 55.206, 55.208(b), and 55.213. Other classes of explosive materials may also be stored in type 2 magazines.

(c) Type 3 magazines. Portable outdoor magazines for the temporary storage of high explosives while attended (for example, a "day-box"), subject to the limitations prescribed by SSSS 55.206 and 55.213. Other classes of explosive materials may also be stored in type 3 magazines.

(d) Type 4 magazines. Magazines for the storage of low explosives, subject to the limitations prescribed by SSSS 55.206(b), 55.210(b), and 55.213. Blasting agents may be stored in type 4 magazines, subject to the limitations prescribed by SSSS 55.206(c), 55.21 1 (b), and 55.213. Detonators that will not mass detonate may also be stored in type 4 magazines, subject to the limitations prescribed by SSSS 55.206(a), 55.210(b), and 55.213.

(e) Type 5 magazines. Magazines for the storage of blasting agents, subject to the limitations prescribed by SSSS 55.206(c), 55.21 1 (b), and 55.213.

SS 55.204 Inspection of magazines.

Any person storing explosive materials shall inspect his magazines at least every seven days. This inspection need not be an inventory, but must be sufficient to determine whether there has been unauthorized entry or attempted entry into the magazines, or unauthorized removal of the contents of the magazines.

SS 55.205 Movement of explosive materials.

All explosive materials must be kept in locked magazines meeting the standards in this subpart unless they are:

(a) In the process of manufacture;

(b) Being physically handled in the operating process of a licensee or user;

(c) Being used; or

(d) Being transported to a place of storage or use by a licensee or permittee or by a person who has lawfully acquired explosive materials under SS 55.106.

SS 55.206 Location of magazines.

(a) Outdoor magazines in which high explosives are stored must be located no closer to inhabited buildings, passenger railways, public highways, or other magazines in which high explosives are stored, than the minimum distances specified in the table of distances for storage of explosive materials in SS 55.218.

(b) Outdoor magazines in which low explosives are stored must be located no closer to inhibited buildings, passenger railways, public highways, or other magazines in which explosive materials are stored, than the minimum distances specified in the table of distances for storage of low explosives in SS 55.219, except that the table of distances in SS 55.224 shall apply to the storage of special fireworks. The distances shown in SS 55.219 may not be reduced by the presence of barricades.

(c)(1) Outdoor magazines in which blasting agents in quantities of more than 50 pounds are stored must be located no closer to inhabited buildings, passenger railways, or public highways than the minimum distances specified in the table of distances for storage of explosive materials in SS 55.218.

(2) Ammonium nitrate and magazines in which blasting agents are stored must be located no closer to magazines in which high explosives or other blasting agents are stored than the minimum distances specified in the table of distances for the separation of ammonium nitrate and blasting agents in SS 55.220. However, the minimum distances for magazines in which explosives and blasting agents are stored from inhabited buildings, etc., may not be less than the distances specified in the table of distances for storage of explosives materials in SS 55.218.

[Amended by TD. ATF-293, 55 FR 3722, Feb. 5, 19901

SS 55.207 Construction of type 1 magazines.

A type 1 magazine is a permanent structure: a building, an igloo or "Army-type structure", a tunnel, or a dugout. It is to be bullet-resistant, fire-resistant, weather-resistant, theft-resistant, and ventilated.

(a) Buildings. Al! building type magazines are to be constructed of masonry, wood, metal, or a combination of these materials, and have no openings except for entrances and ventilation. The ground around building magazines must slope away for drainage or other adequate drainage provided.

(1) Masonry wall construction. Masonry wall construction is to consist of brick, concrete, tile, cement block, or cinder block and be not less than 6 inches in thickness. Hollow masonry units used in construction must have all hollow spaces filled with well-tamped, coarse, dry sand or weak concrete (at least a mixture of one part cement and eight parts of sand with enough water to dampen the mixture while tamping in place). Interior walls are to be constructed of, or covered with, a nonsparking material.

(2) Fabricated metal wall construction. Metal wall construction is to consist of sectional sheets of steel or aluminum not less than number 14-gauge, securely fastened to a metal framework. Metal wall construction is either lined inside with brick, solid cement blocks, hardwood not less than four inches thick, or will have at least a six inch sand fill between interior and exterior walls. Interior walls are to be constructed of, or covered with, a nonsparking material.

(3) Wood frame wall construction. The exterior of outer wood walls is to be covered with iron or aluminum not less than number 26-gauge. An inner wall of, or covered with nonsparking material will be constructed so as to provide a space of not less than six inches between the outer and inner walls. The space is to be filled with coarse, dry sand or weak concrete.

(4) Floors. Floors are to be constructed of, or covered with, a nonsparking material and shall be strong enough to bear the weight of the maximum quantity to be stored. Use of pallets covered with a nonsparking material is considered equivalent to a floor constructed of or covered with a nonsparking material.

(5) Foundations. Foundations are to be constructed of brick, concrete, cement block, stone, or wood posts. If piers or posts are used, in lieu of a continuous foundation, the space under the buildings is to be enclosed with metal.

(6) Roof. Except for buildings with fabricated metal roofs, the outer roof is to be covered with no less than number 26-gauge iron or aluminum, fastened to at least 7/8 inch sheathing.

(7) Bullet-resistant ceilings or roofs. Where it is possible for a bullet to be fired directly through the roof and into the magazine at such an angle that the bullet would strike the explosives within, the magazine is to be protected by one of the following methods:

(I) A sand tray lined with a layer of building paper, plastic, or other nonporous material, and filled with not less than four inches of coarse, dry sand, and located at the tops of inner walls covering the entire ceiling area, except that portion necessary for ventilation.

(ii) A fabricated metal roof constructed Of 3/16 inch plate steel lined with four inches of hardwood. (For each additional '/16 inch of plate steel, the hardwood lining may be decreased one inch.)

(8) Doors. All doors are to be constructed of not less than 1/4 inch plate steel and lined with at least two inches of hardwood. Hinges and hasps are to be attached to the doors by welding, riveting or bolting (nuts on inside of door). They are to be installed in such a manner that the hinges and hasps cannot be removed when the doors are closed and locked.

(9) Locks. Each door is to be equipped with:

(i) Two mortise locks;

(ii) Two padlocks fastened in separate hasps and staples;

(iii) A combination of a mortise lock and a padlock;

(iv) A mortise lock that requires two keys to open; or,

(v) A three-point lock.

EDITOR'S NOTE:

A five-blade lock also meets requirements.

Padlocks must have at least five tumblers and a case-hardened shackle of at least 3//B inch diameter. Padlocks must be protected with not less than 1/4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples.

These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

(10) Ventilation. Ventilation is to be provided to prevent dampness and heating of stored explosive materials. Ventilation openings must be screened to prevent the entrance of sparks. Ventilation openings in side walls and foundations must be offset or shielded for bullet- resistant purposes. Magazines having foundation and roof ventilators with the air circulating between 'the side walls and the floors and between the side walls and the ceiling must have a wooden lattice lining or equivalent to prevent the packages of explosive materials from being stacked against the side walls and blocking the air circulation.

(1 1) Exposed metal. No sparking material is to be exposed to contact with the stored explosive materials. All ferrous metal nails in the floor and side walls, which might be exposed to contact with explosive materials, must be blind nailed, countersunk, or covered with a nonsparking lattice work or other nonsparking material.

(b) Igloos, "Army-type structures", tunnels, and

dugouts. Igloo, "Army-type structure", tunnel, and dugout magazines are to be constructed of reinforced concrete, masonry, metal, or a combination of these materials. They must have an earthmound covering of not less than 24 inches on the top, sides and rear unless the magazine meets the requirements of paragraph (a)(7) of this section. Interior walls and floors must be constructed of, or covered with, a nonsparking material. Magazines of this type are also to be constructed in conformity with the requirements of paragraph (a)(4) and paragraphs (a)(8) through (1 1) of this section.

SS 55.208 Construction of type 2 magazines.

A type 2 magazine is a box, trailer, semitrailer, or other mobile facility.

(a) Outdoor magazines.

(1) General. Outdoor magazines are to be

bullet-resistant, fire-resistant, weather-resistant, theft-resistant, and ventilated. They are to be supported to prevent direct contact with the ground and, if less than one cubic yard in size, must be securely fastened to a fixed object. The ground around outdoor magazines must slope away for drainage or other adequate drainage provided. When unattended, vehicular magazines must have wheels removed or otherwise effectively immobilized by kingpin locking devices or other methods approved by the Director.

(2) Exterior construction. The exterior and doors are to be constructed of not less than 1/4 inch steel and lined with at least two inches of hardwood. Magazines with top openings will have lids with water-resistant seals or which overlap the sides by at least one inch when in a closed position.

(3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside of door). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

(4) Locks. Each door is to be equipped with:

(i) Two mortise locks;

(ii) Two padlocks fastened in separate hasps and

staples;

(III) A combination of a mortise lock and a padlock;

(iv) A mortise lock that requires two keys to open; or,

(v) A three-point lock.

EDITOR'S NOTES:

1. A five-blade lock also meets requirements.

2. Mobile outdoor magazines need have only

one lock, and no hood is required.

Padlocks must have at least five tumblers and a case-hardened shackle of at least 3/8 inch diameter Padlocks must be protected with not less than 1/4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples.

These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

(b) Indoor magazines.

(1) General. Indoor magazines are to be fireresistant and theft-resistant. They need not be bullet-resistant and weather-resistant if the buildings in which they are stored provide protection from the weather and from bullet penetration.

No indoor magazine is to be located in a residence or dwelling. The indoor storage of high explosives must not exceed a quantity of 50 pounds. More than one indoor magazine may be located in the same building if the total quantity of explosive materials stored does not exceed 50 pounds. Detonators must be stored in a separate magazine (except as provided in SS 55.213) and the total quantity of detonators must not exceed 5,000.

(2) Exterior construction. Indoor magazines are to be constructed of wood or metal according to one of the following specifications:

(I) Wood indoor magazines are to have sides, bottoms and doors constructed of at least two inches of hardwood and are to be well braced at the corners. They are to be covered with sheet metal of not less than number 26-gauge (.0179 inches). Nails exposed to the interior of magazines must be countersunk.

(ii) Metal indoor magazines are to have sides, bottoms and doors constructed of not less than number 12-gauge (.1046 inches) metal and be lined inside with a nonsparking material. Edges of metal covers must overlap sides at least one inch.

(3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside of door). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

(4) Locks. Each door is to be equipped with:

(I) Two mortise locks;

(II) Two padlocks fastened in separate hasps and

staples;

(iii) A combination of a mortise lock and a padlock;

(iv) A mortise lock that requires two keys to open; or,

(v) A three-point lock.

EDITOR'S NOTE:

A five-blade lock also meets requirements.

Padlocks must have at least five tumblers and a case-hardened shackle of at least 3//8 inch diameter. Padlocks must be protected with not less than 1/4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples.

Indoor magazines located in secure rooms that are locked as provided in this subparagraph may have each door locked with one steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least 3//B inch diameter, if the door hinges and lock hasps are securely fastened to the magazine.

These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

(c) Detonator boxes. Magazines for detonators in quantities of 100 or less are to have sides, bottoms and doors constructed of not less than number 12-gauge (.1046 inches) metal and lined with a nonsparking material. Hinges and hasps must be attached so they cannot be removed from the outside. One steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least 3A inch diameter is sufficient for locking purposes.

SS 55.209 Construction of type 3 magazines.

A type 3 magazine is a "day-box" or other portable magazine. It must be fire-resistant, weather-resistant, and theft-resistant. A type 3 magazine is to be constructed of not less than number 12 gauge (.1046) steel, lined with at least either 1/2 inch plywood or 1/2 inch Masonite- type hardboard.

Doors must overlap door openings by at least one inch. Hinges and hasps are to be attached by welding, riveting or bolting (nuts on inside).

One steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least 3//B inch diameter is sufficient for locking purposes. Explosive materials are not to be left unattended in type 3 magazines and must be removed to type 1 or 2 magazines for unattended storage.

SS 55.210 Construction of type 4 magazines.

A type 4 magazine is a building, igloo, or "Armytype structure," tunnel, dugout, box, trailer, or a semitrailer or other mobile magazine.

(a) Outdoor magazines.

(1) General. Outdoor magazines are to be fireresistant, weather-resistant, and theft-resistant. The ground around outdoor magazines must slope away for drainage or other adequate drainage be provided. When unattended, vehicular magazines must have wheels removed or otherwise be effectively immobilized by kingpin locking devices or other methods approved by the Director.

(2) Construction. Outdoor magazines are to be constructed of masonry, metal- covered wood, fabricated metal, or a combination of these materials. Foundations are to be constructed of brick, concrete, cement block, stone, or metal or wood posts. If piers or posts are used, in lieu of a continuous foundation, the space under the building is to be enclosed with fire- resistant material. The walls and floors are to be constructed of, or covered with, a nonsparking material or lattice work. The doors must be metal or solid wood covered with metal.

(3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside of door). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

(4) Locks. Each door is to be equipped with:

(I) Two mortise locks;

(II) Two padlocks fastened in separate hasps and staples;

(iii) A combination of a mortise lock and a padlock;

(iv) A mortise lock that requires two keys to open; or,

(v) A three-point lock.

EDITOR'S NOTES:

1. A five-blade lock also meets requirements.

2. Mobile outdoor magazines need have only

one lock, and no hood is required.

Padlocks must have at least five tumblers and a case-hardened shackle of at least 3/8 inch diameter. Padlocks must be protected with not less than 1/4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples.

These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

(b) Indoor magazines.

(1) General. Indoor magazines are to be fireresistant and theft-resistant. They need not be weather-resistant if the buildings in which they are stored provide protection from the weather.

No indoor magazine is to be located in a residence or dwelling. The indoor storage of low explosives must not exceed a quantity of 50 pounds. More than one indoor magazine may be located in the same building if the total quantity of explosive materials stored does not exceed 50 pounds. Detonators that will not mass detonate must be stored in a separate magazine and the total number of electric detonators must not exceed 5,000.

(2) Construction. Indoor magazines are to be constructed of masonry, metal- covered wood, fabricated metal, or a combination of these materials. The walls and floors are to be constructed of, or covered with, a nonsparking material. The doors must be metal or solid wood covered with metal.

(3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside of door). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked.

(4) Locks. Each door is to be equipped with:

(I) Two mortise locks;

(II) Two padlocks fastened in separate hasps and staples;

(iii) A combination of a mortise lock and a padlock;

(iv) A mortise lock that requires two keys to open; or,

(v) A three-point lock.

EDITOR'S NOTE:

A five-blade lock also meets requirements.

Padlocks must have at least five tumblers and a case-hardened shackle of at least 3/8 inch diameter. Padlocks must be protected with not less than 1/4 inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples.

Indoor magazines located in secure rooms that are locked as provided in this subparagraph may have each door locked with one steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least 3//8 inch diameter, if the door hinges and lock hasps are securely fastened to the magazine.

These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside.

SS 55.213 Quantity and storage restrictions. (a) Explosive materials in excess of 300,000 pounds or detonators in excess of 20 million are not to be stored in one magazine unless approved by the Director.

(b) Detonators are not to be stored in the same magazine with other explosive materials, except under the following circumstances:

(1) In a type 4 magazine, detonators that will not mass detonate may be stored with electric squibs, safety fuse, igniters, and igniter cord.

(2) In a type 1 or type 2 magazine, detonators may be stored with delay devices and any of the items listed in paragraph (b)(1) of this section.

SS 55.214 Storage within types 1, 2, 3, and 4 magazines.

(a) Explosive materials within a magazine are not to be placed directly against interior walls and must be stored so as not to interfere with ventilation. To prevent contact of stored explosive materials with walls, a nonsparking lattice work or other nonsparking material may be used.

(b) Containers of explosive materials are to be stored so that marks are visible. Stocks of explosive materials are to be stored so they can be easily counted and checked upon inspection.

(c) Except with respect to fiberboard or other nonmetal containers, containers of explosive materials are not to be unpacked or repacked inside a magazine or within 50 feet of a magazine, and must not be unpacked or repacked close to other explosive materials. Containers of explosive materials must be closed while being stored.

(d) Tools used for opening or closing containers of explosive materials are to be of nonsparking materials, except that metal slitters may be used for opening fiberboard containers. A wood wedge and a fiber, rubber, or wooden mallet are to be used for opening or closing wood containers of explosive materials. Metal tools other than nonsparking transfer conveyors are not to be stored in any magazine containing high explosives.

SS 55.215 Housekeeping.

Magazines are to be kept clean, dry, and free of grit, paper, empty packages and containers, and rubbish. Floors are to be regularly swept. Brooms

and other utensils used in the cleaning and maintenance of magazines must have no sparkproducing metal parts, and may be kept in magazines. Floors stained by leakage from explosive materials are to be cleaned according to instructions of the explosives manufacturer When any explosive material has deteriorated it is to be destroyed in accordance with the advice or instructions of the manufacturer The area surrounding magazines is to be kept clear of rubbish, brush, dry grass, or trees (except live trees more than 10 feet tall), for not less than 25 feet in all directions. Volatile materials are to be kept a distance of not less than 50 feet from outdoor magazines. Living foliage which is used to stabilize the earthen covering of a magazine need not be removed.

SS 55.216 Repair of magazines.

Before repairing the interior of magazines, all explosive materials are to be removed and the interior cleaned. Before repairing the exterior of magazines, all explosive materials must be removed if there exists any possibility that repairs may produce sparks or flame. Explosive materials removed from magazines under repair must be:

(a) Placed in other magazines appropriate for the storage of those explosive materials under this subpart, or

(b) Placed a safe distance from the magazines under repair where they are to be properly guarded and protected until the repairs have been completed.

SS 55.217 Lighting.

(a) Battery-activated safety lights or batteryactivated safety lanterns may be used in explosives storage magazines.

(b) Electric lighting used in any explosives storage magazine must meet the standards prescribed by the "National Electrical Code," (National Fire Protection Association, NFPA 70-81), for the conditions present in the magazine at any time. All electrical switches are to be located outside of the magazine and also meet the standards prescribed by the National Electrical Code.

(c) Copies of invoices, work orders or similar documents which indicate the lighting complies with the National Electrical Code must be available for inspection by ATF officers.

SS 55.218 Table of distances for storage of explosive materials.

QUANTITY OF EXPLOSIVES

DISTANCES (IN FEET)

a

a

b

b

c

c

d

d

e

e

 

2

5

70

140

30

60

51

102

6

12

 

5

10

90

180

35

70

64

128

8

16

 

10

20

110

220

45

90

81

162

10

20

 

20

30

125

250

50

100

93

186

11

22

 

30

40

140

280

55

110

103

206

12

24

 

40

50

150

300

60

120

110

220

14

28

 

50

75

170

340

70

140

127

254

15

30

 

75

100

190

380

75

150

139

278

16

32

 

100

125

200

400

80

160

150

300

18

36

 

125

150

215

430

85

170

159

318

19

38

 

150

200

235

470

95

190

175

350

21

42

 

200

250

255

510

105

210

189

378

23

46

 

250

300

270

540

110

220

201

402

24

48

 

300

400

295

590

120

240

221

442

27

54

 

400

500

320

640

130

260

238

476

29

58

 

500

600

340

680

135

270

253

506

31

62

 

600

700

355

710

145

290

266

532

32

64

 

700

800

375

750

150

300

278

556

33

66

 

800

900

390

780

155

310

289

578

35

70

 

900

1,000

400

800

160

320

300

600

36

72

 

1,000

1,200

425

850

165

330

318

636

39

78

 

1,200

1,400

450

900

170

340

336

672

41

82

 

1,400

1,600

470

940

175

350

351

702

43

86

 

1,600

1,800

490

980

180

360

366

732

44

88

 

1,800

2,000

505

1,000

185

370

380

760

48

90

 

2,000

2,500

550

1,090

190

380

408

816

49

98

 

2,500

3,000

580

1,160

195

390

432

864

52

104

 

3,000

4,000

635

1,270

210

420

474

948

58

116

 

4,000

5,000

685

1,370

225

450

513

1026

61

122

 

5,000

6,000

730

1,460

235

470

546

1092

65

130

 

6,000

7,000

770

1,540

245

490

573

1146

68

136

 

7,000

8,000

800

1,600

250

500

600

1200

72

144

 

8,000

9,000

835

1,670

255

510

624

1248

75

150

 

9,000

10,000

865

1,730

260

520

645

1290

78

156

 

10,000

12,000

875

1,750

270

540

687

1374

82

164

 

12,000

14,000

885

1,770

275

550

723

1446

87

174

 

14,000

16,000

900

1,800

280

560

756

1512

90

180

 

16,000

18,000

940

1,880

285

570

786

1572

94

188

 

[tip note] the table goes on a lot longer, but if you have over 9 tons of explosives, you better have a lawyer and a real copy of the book]

a = in pounds

b = inhabited buildings, not barricaded, barricaded

c = public highways, class A to D, not barricaded, barricaded

d = railways and public highways, > 3000 vehicles/day, not barricaded, barricaded

e = separration of magazines, not barricaded, barricaded

TABLE: AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES (DECEMBER 1910), AS REVISED AND APPROVED BY THE INSTITUTE OF MAKERS OF EXPLOSIVES-NOVEMBER 5,1971.

Notes to the Table of Distances for Storage of Explosives, above

(1) Terms found in the table of distances for storage of explosive materials are defined in SS 55.1 1.

(2) When two or more storage magazines are located on the same property, each magazine must comply with the minimum distances specified from inhabited buildings, railways, and highways, and, in addition, they should be separated from each other by not less than the distances shown for "Separation of Magazines," except that the quantity of explosives contained in cap magazines shall govern in regard to the spacing of said cap magazines from magazines containing other explosives. If any two or more magazines are separated from each other by less than the specified "Separation of Magazines" distances, then such two or more magazines, as a group, must be considered as one magazine, and the total quantity of explosives stored in such group must be treated as if stored in a single magazine located on the site of any magazine of the group, and must comply with the minimum of distances specified from other magazines, inhabited buildings, railways, and highways.

(3) All types of blasting caps in strengths through No. 8 cap should be rated at 11/2 lbs. of explosives per 1,000 caps. For strengths higher than No. 8 cap, consult the manufacturer.

(4) For quantity and distance purposes, detonating cord of 50 or 60 grains per foot should be calculated as equivalent to 9 lbs. of high explosives per 1,000 feet. Heavier or lighter core loads should be rated proportionately.

SS 55.219 Table of distances for storage of low explosives.

POUND DISTANCES IN FEET

in hab building highway other

railway magazine

0 1,000 75 75 50

1,000 5,000 115 115 75

5,000 10,000 150 150 100

10,000 20,000 190 190 125

20,000 30,000 215 215 145

30,000 40,000 235 235 155

40,000 50,000 250 250 165

50,000 60,000 260 260 175

60,000 70,000 270 270 185

70,000 80,000 280 280 190

80,000 90,000 295 295 195

90,000 100,000 300 300 200

100,000 200,000 375 375 250

200,000 300,000 450 450 300

TABLE: DEPARTMENT OF DEFENSE AMMUNITION AND EXPLOSIVES STANDARDS, TABLE 5-4.1 EXTRACT; 4145.27 M, MARCH 1969.

SS 55-220 Table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents.

MINIMUM SEPARATION DISTANCE OF DONOR WEIGHT (POUNDS) ACCEPTOR FROM DONOR WHEN MINIMUM THICKNESS BARRICADED (FEET) OF ARTIFICIAL BARRICADES

OVER NOT OVER AMMONIUM BLASTING

(INCHES NITRATE AGENT

0 100 3 1 1 12

100 300 4 14 12

300 600 5 18 12

600 1,000 6 22 12

1,000 1,600 7 25 12

1,600 2,000 8 29 12

2,000 3,000 9 32 15

3,000 4,000 10 36 15

4,000 6,000 11 40 15

6,000 8,000 12 43 20

8,000 10,000 13 47 20

10,000 12,000 14 50 20

12,000 16,000 15 54 25

16,000 20,000 16 58 25

20,000 25,000 18 65 25

25,000 30,000 19 68 30

30,000 35,000 20 72 30

35,000 40,000 21 76 30

40,000 45,000 22 79 35

45,000 50,000 23 83 35

50,000 55,000 24 86 35

55,000 60,000 25 90 35

60,000 70,000 26 94 40

70,000 80,000 28 101 40

80,000 90,000 30 108 40

90,000 100,000 32 115 40

100,000 120,000 34 122 50

120,000 140,000 37 133 50

140,000 160,000 40 144 50

160,000 180,000 44 158 50

180,000 200,000 48 173 50

200,000 220,000 52 187 60

220,000 250,000 56 202 60

250,000 275,000 60 216 60

275,000 300,000 64 230 60

TABLE: NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) OFFICIAL STANDARD NO. 492, 1968.

Notes to the Table of Separation Distances of Ammonium Nitrate and Blasting Agents From Explosives or Blasting Agents

(1) This table specifies separation distances to prevent explosion of ammonium nitrate and ammonium nitrate-based blasting agents by propagation from nearby stores of high explosives or blasting agents referred to in the table as the "donor." Ammonium nitrate, by itself, is not considered to be a donor when applying this table. Ammonium nitrate, ammonium nitrate- fuel oil or combinations thereof are acceptors. If stores of ammonium nitrate are located within the sympathetic detonation distance of explosives or blasting agents, one-half the mass of the ammonium nitrate is to be included in the mass of the donor.

(2) When the ammonium nitrate and/or blasting agent is not barricaded, the distances shown in the table must be multiplied by six. These distances allow for the possibility of high velocity metal fragments from mixers, hoppers, truck bodies, sheet metal structures, metal containers, and the like which may enclose the "donor." Where explosives storage is in bullet-resistant magazines or where the storage is protected by a bullet-resistant wall, distances and barricade thicknesses in excess of those prescribed in the table in SS 55.218 are not required.

(3) These distances apply to ammonium nitrate that passes the insensitivity test prescribed in the definition of ammonium nitrate fertilizer issued by the Fertilizer Institute.' Ammonium nitrate failing to pass the test must be stored at separation distances in accordance with the table in SS 55.218.

(4) These distances apply to blasting agents which pass the insensitivity test prescribed in regulations of the U.S. Department of Transportation (49 CFR Part 173).

Definition and Test Procedures for Ammonium Nitrate Fertilizer: Fertilizer Institute, 101 5 18th St., NW, Washington, DC 20036.

(5) Earth or sand dikes, or enclosures filled with the prescribed minimum thickness of earth or sand are acceptable artificial barricades. Natural barricades, such as hills or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the "donor" when the trees are bare of leaves, are also acceptable.

(6) For determining the distances to be maintained from inhabited buildings, passenger railways, and public highways, use the table in SS 55.218.

SS 55.221 Requirements for special fireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks.

(a) Special fireworks, pyrotechnic compositions and explosive materials used to assemble fireworks shall be stored at all times as required by this subpart unless they are in the process of manufacture, assembly, packaging, or are being transported.

(b) No more than 500 pounds (227 kg) of pyrotechnic compositions or explosive materials are permitted at one time in any fireworks mixing building, any building or area in which the pyrotechnic compositions or explosive materials are pressed or otherwise prepared for finishing or assembly, or any finishing or assembly building. All pyrotechnic compositions or explosive materials not in immediate use will be stored in covered, non-ferrous containers.

(c) The maximum quantity of flash powder permitted in any fireworks process building is 10 pounds (4.5 kg).

(d) All dry explosive powders and mixtures, partially assembled special fireworks, and finished special fireworks shall be removed from fireworks process buildings at the conclusion of a day's operations and placed in approved magazines.

[Added by TD. ATF-293, 55 FR 3717, Feb. 5, 1990]

SS 55.222 Table of distances between fireworks process fireworks nonprocess buildings.

 

Net Weight of Fireworks
(1)

Special Fireworks
(2)

Common Fireworks
(3)

Pound

Feet

Feet

0-100

57

37

101-200

69

37

201-300

77

37

301-400

85

37

401-500

91

37

Above 500

Not Permitted
(4) & (5)

Not Permitted
(4) & (5)

NOTES to SS 55.222, above.

(1) Net weight is the weight of all pyrotechnic compositions, and explosive materials and fuses only.

(2) The distances in this column apply only with natural or artificial barricades. If such barricades are not used, the distances must be doubled.

(3) While common fireworks in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such fireworks are subject to regulation. Thus, fireworks process

buildings and between fireworks process and buildings where common fireworks are being processed must meet these requirements.

(4) A maximum of 500 pounds of in-process pyrotechnic compositions, either loose or in partially assembled fireworks, is permitted in any fireworks process building. Finished special fireworks may not be stored in a fireworks process building.

(5) A maximum of 10 pounds of flash powder, either in loose form or in assembled units, is permitted in any fireworks process building. Quantities in excess of 10 pounds must be kept in an approved magazine.

[Added by TD. ATF-293, 55 FR 3717, Feb. 5, 19901

SS 55.223 Table of distances between fireworks process buildings and other specified areas.

Distance from Passenger Railways, Public Highways, Fireworks Plant Buildings Used to Store Common Fireworks, Magazines and Fireworks Shipping Buildings, and Inhabited Buildings (3) & (4).

Net Weight of Fireworks Special Fireworks Common Fireworks

(1) (2) (3)

Pounds Feet Feet

0-100 200 25

101-200 200 50

201-300 200 50

301-400 200 50

401-500 200 50

Above 500 Not Permitted Not Permitted

NOTES to SS 55.223, above.

(1) Net weight is the weight of all pyrotechnic compositions, and explosive materials and fuse only.

(2)While common fireworks in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such fireworks are subject to regulation. Thus, fireworks process buildings and between fireworks process and buildings where common fireworks are being processed must meet these requirements.

(3) While common fireworks in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such fireworks are subject to regulation. Thus, fireworks process buildings where common fieworks are being processed must meet these requirements.F-293, 55 FR 3717, Feb. 5, 1990]

(4) The distances in this table apply withor without artifical or natural barricades or screen barricades. However, the use of barricades is highly recommended.

SS 55.224 Table of distances for the storage of special fireworks (except bulk salutes).

Net Weight of Distance Between Magazine DISTANCE

Fireworks and Inhabited Building, BETWEEN

Passenger Railway or MAGAZINES

Public Highway (3) & (4) (2)

Pounds Feet Feet

0- 1000 150 100

1001 - 5000 230 150

5001-10000 300 200

Above 10000 Use table in SS 55.218

NOTES to SS 55.224, above.

(1) Net weight is the weight of all pyrotechnic compositions, and explosive materials and fuses only.

(2) For the purposes of applying this table, the term "magazine" also includes fireworks ship ping buildings for special fireworks.

(3) For fireworks storage magazines in use prior to March 7, 1990, the distances in this table may be halved if properly barricaded between the magazine and potential receptor sites.

(4) This table does not apply to the storage of bulk salutes. Use the table at SS 55.218.

[Added by TD. ATF-293, 55 FR 3717, Feb. 5, 1990]

Types of Storage Facilities

STORAGE CLASSES OF EXPLOSIVE

TYPE MATERIALS WHICH MAY BE STORED THEREIN

Type I

High Explosives

Low Explosives Blasting Agents

Type 2

High Explosives

Low Explosives Blasting Agents

Type 3

("day box" for temporary storage)

High Explosives

Low Explosives

Blasting Agents

Type 4

Low Explosives

Blasting Agents *

Electric Blasting Caps

Type 5

Blasting Agents

As a result of tests with electric blasting caps, it has been determined that these blasting caps are not subject to sympathetic detonation. Therefore, a Type 4 storage facility meets the necessary requirements for storage of blasting caps that do not mass detonate.

Housekeeping and

Construction Common to

All Types of Storage

Facilities

ITEM REQUIREMENTS

Hinges and Hasps

Shall be attached to doors by

Welding OR Riveting OR Bolt ing

(nuts on inside of door).

Locks

Each door shall be equipped with:

Two mort'se locks, OR two padlocks fastened in separate hasps and staples, OR combination of a mortise lock and a padlock, OR a mortise lock requiring 2 keys to open OR a three-point lock. Locks shall be five-tumbler or five-blade. Padlocks shall be protected with 1/4 inch (.25") steel caps constructed to prevent sawing or lever action on locks/hasps. NOTE: Outdoor/mobile storage facilities with one steel, case-hardened, five-tumbler padlock, having at least a 3/a inch (.375") diameter shackle, have been determined by the Director to meet necessary requirements.

Lighting

Electric lighting used in any magazine must meet National Electrical Code standards for conditions present. All electric switches must be located outside the magazine and comply with the National Electrical Code. Battery activated safety lighting may be used in all explosives magazines.

Housekeeping

Storage facilities shall be kept clean, dry, and free of grit, paper, empty packages and containers, and rubbish.

o Explosive materials shall not be placed directly against interior walls of a storage facility.

o Brooms and other cleaning utensils shall have no spark-producing metal parts.

o Only tools made of nonsparking materials shall be used in Types 1,2,3, and 4 magazines. (Metal slitters may be used for opening fiberboard containers. Metal tools other than nonsparking transfer conveyors shall not be stored in any magazine containing explosives.) - Area surrounding storage facilities shall be kept clear of rubbish, brush, dry grass or trees less than 10' tall for not less than 25' in all directions. o Any other combustible materials shall be kept a distance of not less than 50' from outdoor storage.

Type 1 Storage

A type 1 storage facility shall be a permanent structure: a building, an igloo or Army-type structure, a tunnel, or a dugout; and shall be bulletresistant, weather-resistant, theft-resistant, and well ventilated.

ITEM REQUIREMENTS

Shall be constructed of:

Masonry Wall

- Brick, not less than 611 thick OR

- Concrete, not less than 6" thick, OR

Tile, not less than 6" thick, OR

- *Cement block, not less than 6" thick, OR

o*Cinder block, not less than 6" thick. [*Hollow masonry units shall have all hollow spaces filled with well-tamped coarse dry sand or weak concrete.]

Metal wall

Sectional sheets of one of the following

shall be securely fastened to a metal

framework:

Steel not less than 14 gauge, OR Aluminum, not less than 14 ga.

Shall be lined with:

* Brick OR o Solid cement blocks OR

* Hardwood not less than 4" thick, OR

* Shall have at least 6" sand fill between outer and inner walls.

Wood wall

Exterior shall be covered with either:

- Steel not less than 26 gauge, OR

- Aluminum, not less than 26 ga.

Inner wall shall be constructed to provide not less than 6" between outer and inner walls; space filled with either:

Coarse dry sand, OR

Weak concrete.

Foundations

Shall be constructed of:

Brick, OR Concrete, OR * Cement

block, OR Stone, OR * Wood posts

(if piers or posts are used, space under

building shall be enclosed with metal).

Floors

Shall be constructed of nonsparking

material and shall be strong enough to

bear weight of maximum quantity to be

stored.

Roof

Outer roof (except fabricated metal roofs)

shall be covered with:

26 gauge iron, fastened to

seven-eighths inch (@.875") sheathing,

OR

26 gauge aluminum, fastened to seven-eighths (.875") sheathing.

Where possible for a bullet to be fired directly through the root into the storage facility, the magazine shall 6e protected by either:

o A sand tray, filled with not less than 4" of coarse dry sand, covering the entire ceiling area (except that necessary for ventilation), OR

o Fabricated metal roof construction of 3/,c," (.187511) plate steel lined with 4" hardwood. [For each additional '/16" (.062511) of plate steel, hardwood may be decreased I" I

Doors

Shall be constructed of 1/@" steel, AND shall be lined with 21 of hardwood.

Locks Interior

* Shall be constructed of, or covered with, a nonsparking material. o No sparking metal construction shall be exposed below top of walls in interior. * All nails shall be blind-nailed or countersunk.

Ventilation

* Air space of 2" shall be left around ceiling and perimeter of floors, except at doorways.

* Foundation ventilators shall be not less than 4" x 6" a Vents in foundation, root or gables shall be screened and offset, OR shielded.

Ground

Ground around storage facility shall slope away for drainage.

Igloos, Army Type Structures, Tunnels, Dugouts

* Shall be constructed of reinforced concrete, masonry, metal, or a combination of these materials.

* Shall have an earthmound covering of not less than 24" on the top, sides and and rear.

Interior walls and floors shall be covered with a nonsparking material. * Floor, door, lock, ventilation, exposed metal, and lighting requirements are as stated above.

Lighting

See construction requirements common to all types of facilities.

[TIP note - the following section is a little messy - the original has two columns side by side that my OCR didn't seperate. So, you have to.

I'll fix this in Jan '96]

Type 2 Storage

A type 2 storage facility shall be a box, a

trailer, a semitrailer, or other mobile facility. It

shall be bullet-resistant, fire-resistant, weatherresistant, theft-resistant, and well ventilated.

ITEM REQUIREMENTS

Hinges See construction requirements common

Hasps, to all types of facilities.and Locks

Lighting See construction requirements common to all types of facilities.

House- ruction requirements common keeping s of facilities.

Restrictions on Type 2 Outdoor

Storage Facilities

Size Shall be at least 1 cubic yard in size, or securely fastened to a fixed object.

Outdoor storage facilities shall be

Ground supported in such a manner so as to prevent direct contact with the ground.

Ground around storage facility shall slope away for drainage.

Construction Sides, bottoms, tops, and covers or

doors shall be constructed of .25" steel and lined with 2" of hardwood.

Unattended Unattended vehicular storage facilities

Storage shall have wheels removed or shall be immobilized by kingpin locking devices.

Restrictions on Type 2 Indoor

Storage Facilities

-No indoor storage facility for storage

Location of high explosives shall be located in a residence or dwelling.

- More than one magazine may be located in same building. No more than a total of 50 lbs. may be stored. Detonators must be stored in a separate magazine.

ITEM REQUIREMENTS

Quantity No indoor storage facility shall contain

Restrictions a quantity of high explosives in excess

of 50 pounds or more than 5,000 blasting caps.

Shall be of either:

Construction- WOOD (Shall have sides, bottoms,

and covers or doors constructed of 2" hardwood and shall be well braced at

corners. They shall be covered with sheet metal [not less than 26 gauge] and

exposed nails shall be countersunk).

METAL (Shall have sides, bottoms, and covers or doors constructed of 12-

gauge metal and shall be lined inside with a nonsparking material. Edges of metal

shall overlap sides at least 1

Detonator Boxes

Storage facilities for detonators in quantities of 100 or less shall have sides, bottoms,

and covers constructed of 12gauge metal, with hinges and hasps attached by welding. One five-

tumbler lock shall be sufficient for locking purposes.

Type 3 Storage

A type 3 magazine is a "day-box" or other portable magazine. It must be fire-resistant,

weather-resistant, and theft-resistant, but may be less than one cubic yard in size.

ITEM REQUIREMENTS

Not less than 12-gauge (.1046 inch)

Construction- steel, lined with 112" plywood or 1/2"

hardboard. Door or lid must overlap door opening by at least one inch.

Hinges, One lock, no hood. Hinges and hasps

Hasps, to be attached in same manner

and Locks required for other storage facilities.

Unattended Not allowed. Explosive materials must

Storage be removed to type 1 or 2 magazine.

Lighting See common requirements.

House- See common requirements.

keeping

Type 4 Storage

A type 4 storage facility may be a building, an igloo or Army-type structure, a tunnel, a

dugout, a box, a trailer, or a semi-trailer, or other mobile facility. It shall be fire-resistant,

weatherresistant, and theft-resistant.

ITEM REQUIREMENTS

Shall be of:

Construction- 9 Masonry, OR

o Metal-covered wood, OR

Fabricated metal, OR

Combinations of these materials.

Doors or Shall be constructed of:

Covers Metal, OR

Solid wood covered with metal.

Shall be constructed of:

Foundations o Brick, OR

o Cement block, OR

9 Concrete, OR

9 Stone, OR

- Wood posts.

(if piers or posts are used, space under buildings shall be enclosed with metal.)

* Shall be lined with nonsparking

Interior material.

* No sparking metal construction shall be exposed below top of walls in interior.

* All nails shall be blind-nailed or counter-sunk.

Hinges,

Hasps, See common requirements. and Locks

Lighting See common requirements.

House- See common requirements.

keeping

Restrictions on Type 4 Outdoor

Storage Facilities

Ground Ground around storage facility shall

slope away for drainage.

Unattended Unattended vehicular storage facilities

Storage shall have wheels removed or shall be

I immobilized by kingpin locking devices.

Restrictions on Type 4 Indoor

Storage Facilities

No indoor storage facility for storage of Location low explosives shall be located in a residence or dwelling.

Quantity No indoor storage facility shall contain

Restric- a quantity of low explosives in excess

tions of 50 pounds.

Type 5 Storage

A type 5 storage facility may be a building, an igloo or Army-type structure, a dugout, a bin, a box, a trailer, or a semi-trailer, or other mobile facility; and shall be weather-resistant and theftresistant.

ITEM REQUIREMENTS

Doors or Shall be constructed of either solid

Covers wood OR metal.

Hinges, One lock per door or cover. No hoods

Hasps, required on mobile units.

and Locks

H e- on requirements.

Fkeoeupisng See comm

Restrictions on Type 5 Outdoor

Storage Facilities

Ground Ground around storage facility shall

slope away for drainage.

Unattended Unattended vehicular storage facilities

Storage shall have wheels removed or shall be

I immobilized by kingpin locking devices.

Restrictions on Type 5 Indoor

Storage Facilities

No indoor storage facility for storage of

Location blasting agents shall be located in a

residence or dwelling.

Questions and Answers

18 U.S.C. Chapter 40 and 27 CFR Part 55

Introduction

The following Questions and Answers are intended to aid you in gaining a better understanding of: 18 U.S.C. Chapter 40-importation, Manufacture, Distribution and Storage of Explosive Materials

... and of the implementing regulations issued within:

27 CFR Part 55-Commerce in Explosives Although the listing is by no means all-inclusive, it does contain a selection of those Questions that ATF receives most often about explosives.

A Table of Contents reflects the broad categories into which the Questions have been grouped, and a Subject Index has been included for your convenience.

These Questions and Answers apply only to Federal law and regulations. The States and their local jurisdictions have, in many cases, enacted their own requirements relating to explosives.

Public Law 93-639, approved January 4, 1975, amended the language contained in 18 U.S.C. SS 845(a)(5) which had excepted any "black powder in quantities not to exceed five pounds", from the law. This amendment:

9 Removed Federal controls over commercially manufactured black powder in quantities of 50 pounds or less (and other items specified therein) intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices, thereby removing black powder acquired under this exemption from all Federal regulations under Part 55; and

o Extended the Federal licensing provisions of

18 U.S.C. SS 843 to include any person selling or distributing black powder regardless of quantity.

DISCUSSION:

The exemption contained in SS 845(a)(5) applies to most retail sales of black powder. Licensees have the obligation in conducting these sales to establish to their own satisfaction that persons wanting to acquire black powder under the exemption intend to use the powder solely for exempted sporting, recreational, or cultural purposes.

Transaction records are required for nonexempt sales. For example, sales of black powder to nonlicensees/nonpermittees in quantities exceeding 50 pounds, or in any quantity when not intended for use as exempted by the law, require the completion of ATF Form 5400.4, Explosives Transaction Record (SS 55.126). Other requirements in 27 CFR Part 55 include:

o Storage of black powder by licensees in accordance with Subpart K (SS 55.201, ff.); and,

9 Entries for black powder in the daily summary of magazine transactions (SS 55.127).

Additionally ...

Compliance with Federal law and regulations in no way exempts persons from compliance with State and local requirements.

[Under the exemption a nonlicensee/nonpermittee may import commercially manufactured black powder in quantity not to exceed 50 pounds (SS 55.108(b)). There is no ATF form to deliver to customs and an individual importing under the exemption has to comply with customs procedure at the port of entry.]

55

General Questions

1. Who is affected by the Federal explosives law?

The law affects all persons who import, manufacture, deal in, purchase, use or store explosive materials. It also affects those who ship, transport, or receive explosive materials in interstate commerce. See Question 20 for State requirements. [Also, see SS 55.141 for exemptions.]

2. To whom is the distribution of explosive materials by licensees prohibited?

A. Prohibited Persons:

A licensee shall not knowingly distribute any explosive materials to any person who:

(1) Is under 21 years of age;

(2) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

(3) Is under indictment for a crime punishable by imprisonment for a term exceeding one year;

(4) Is a fugitive from justice;

(5) Is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or

(6) Has been adjudicated a mental defective. [18

U.S.C. 842(d)]

B. Other Unlawful Distributions:

A licensee shall not knowingly distribute any explosive materials to any person who:

(1) The licensee knows or has reason to believe does not reside in the State in which the licensee's place of business is located (unless a "contiguous State" provision applies. [See Question # 4.]) [18

U.S.C. 842(b)(3)];

(2) Is in any State where the purchase, possession, or use of explosive materials would be in

violation of any State law or any published ordinance applicable at the place of distribution [18

U.S.C. 842(e)];

(3) The licensee has reason to believe intends to transport the explosive materials into a State where the purchase, possession, or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into the State or to receive explosive materials in the State [18 U.S.C. 842(c)]; Or,

(4) The licensee has reasonable cause to believe intends to use the explosive materials for other than a lawful purpose. [SS 55.106]

3. Does the law prevent some persons from dealing in explosives?

Yes. The same classes of persons listed in Answer A to Question # 2 may not obtain a Federal explosives license. In addition, prospective licensees must meet the other requirements set forth in SS 55.49. [See Question 19.]

4. How does the law affect your dispositions to persons who do not have a license or permit?

A person who has not acquired a permit from the Federal Government may, if not barred as discussed in Questions # 2 and 3, purchase explosives only in the State in which he resides.

There are two exceptions:

(1) Interstate purchases without permits are allowed if the purchaser's State of residence has passed specific legislation allowing its citizens to transport into, or receive in, that State explosive materials purchased in a bordering, or "contiguous," State; and

(2) No form is required for the purchase of up to 50 pounds of black powder for sporting, recreational, or cultural purposes in antique firearms or antique devices. [SS 55.105]

5. What States allow their citizens to purchase explosive materials in bordering States?

Please contact your State Attorney General or State Fire Marshal, whichever is appropriate, for a definitive answer. States of Delaware, Kentucky, Vermont, Washington, and Wyoming are understood to allow such purchases for black powder, only.

6. When a person purchases explosives, does he have to sign anything?

Yes. ATF Form 5400.4 will be executed by the buyer for purchases of high and low explosives, and blasting agents. A Federal explosives licensee or permittee who purchases explosive materials is not required to complete Form 5400.4. [SS 55.1261

7. Does Federal law and regulations provide penalties for purchasers who give false information to a licensee at the time of purchase?

Yes. The penalty for providing false information or misrepresented identification is a maximum 1 0 years' imprisonment and/or a $1 0,000 fine. [SS 55.162]

8. When a person purchases explosive materials, is the Federal Government notified?

No. The executed Form 5400.4 remains on the dealer's premises. [SS 55.126]

9. Are thefts of explosives covered by the law?

Yes. Any person discovering a theft or loss of explosive materials from stock must, in accordance not made any false or fictitious statement intended or likely to deceive, concerning his application;

(5) Has premises in the State from which he intends to conduct business or operations;

(6) Has storage for the class (as described in SS 55.202) of explosive materials described on the application, unless he establishes that the business or operations to be conducted will not require the storage of explosive materials; and

(7) Is familiar with and understands all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business. [SS 55.491

ATF Form 5400.13/5400.16 must be filed to obtain a license or permit. [SS 55.45]

20. Does a Federal license or permit exempt the holder from State or local requirements?

No. A license or permit confers no right or privilege to conduct business or operations, including storage, contrary to State or other law. [SS 55.621 Where a situation arises that State or local requirements are more stringent than the Federal, the more stringent requirement must be followed.

21. For what period of time are licenses and permits valid?

_ An original license or permit is issued for a period of one year.

_ A renewal license or permit is issued for a period of 3 years.

However:

_ A manufacturer-limited license is issued for a period of 30 days.

_ A user-limited permit (ATF Form 5400.6) and a user-limited special fireworks permit (ATF Form 5400.21) are valid only for a single purchase transaction. [SS 55.511

22. Can a license or permit be revoked?

Yes. The regional director (compliance) may revoke any license or permit if the holder has violated any provisions of the law or regulations. [SS 55.71, et seq.]

23. What are the fees for licenses and permits?

A. Original License Fees Are:

* Manufacturer-$50

* Manufacturer-Limited (nonrenewable)-$5

* Importer-$50

* Dealer-$20

B. Original Permit Fees Are:

* User-$20

* User-Limited (nonrenewable)-$2

C. Renewal License and Permit Fees:

One-half the original fees; good for a 3-year period. Also see Question # 21 regarding the duration of licenses and permits. [SSSS 55.42, 55.431

24. Will the Government investigate an applicant for a license or permit?

ATF may investigate any applicant, and inspect all places of storage before issuing a license or permit. [SS 55.491

25. What may a licensed dealer do7 A licensed dealer may engage in the business of distributing explosive materials at wholesale or retail. [SS 55.1 1: Definition of 'dealer'.]

26. What may a licensed importer do?

A licensed importer may engage in the business of importing or bringing explosive materials into the United States for sale or distribution. [SS 55.1 1: Definition of 'importer']

It is not necessary for a licensed importer to also obtain a dealer's license in order to engage in business on his licensed premises as a dealer in explosive materials. [SS 55.41]

27. How may I import explosives?

Any licensed importer or permittee may import explosives by providing the Customs Service a copy of the license or permit. [SSSS 55.41; 55.1081

Note, however, that in the case of propellant powder or other components of small arms ammunition, an approved ATF Form 6 must be provided to the Customs Service. [27 CFR SS 178.113] Also, see Question 56.

28. What may a licensed manufacturer do?

Licensed manufacturers may engage in the business of manufacturing explosive materials for purposes of sale or distribution, or for their own use; BUT, a licensed manufacturer-limited may manufacture explosive materials for his own use, only.

[SS 55.1 1 ]

It is not necessary for a licensed manufacturer to also obtain a dealer's license in order to engage in business on his licensed premises as a dealer in explosive materials. [SS 55.41 ]

29. Is a separate license required for each location where business is conducted?

Yes. A separate license is required for each location where business is conducted. However, a separate license is not required for:

(1) Facilities used only for the storage of explosive materials; and,

(2) A location used solely for the storage of records relating to the business. [SS 55.411

30. Must a person who engages in the business of both manufacturing and importing at the same location have both licenses?

Yes. The licenses for manufacturing and importing allow a person to do separate and distinct things, and a separate license is required for each activity.

However, a manufacturer or an importer does not need a separate dealer's license in order to also distribute explosive materials from his licensed premises. [SS 55.41]

31. Does a licensed manufacturer need a separate license for his own on-site manufacturing?

No. As long as the on-site manufacturing takes

place in the ATF Region in which the manufacturer's license is held. [SS 55.411

32. Are companies having headquarters in one State but doing business in another State required to have a permit in order to acquire explosive materials in the latter State?

No. Companies engaged in business within a State acquire residency in that State by virtue of the work being performed (but check out the State and local requirements). Explosives purchases made by these companies in the State where work is being performed are considered by ATF to have been made within their State of residence; therefore, no permit is required. [ATF Ruling 76-4]

33. Does a licensed dealer need a permit to use explosives outside the State in which his business premises is located?

No. The dealer, by virtue of his license, is authorized to acquire and to transport explosives in interstate commerce. [SS 55.41]

34. How does the truck driver for an explosives licensee/permittee qualify to purchase explosives for his employer?

The driver must be on the current certified list of representatives or agents authorized to acquire explosives on behalf of that employer. [SS 55.105]

35. When an explosives licensee/permittee sends his truck driver to the distributor's premises for explosives which have been purchased by the licensee/permittee, will the driver be required to sign any forms?

The driver will be required to identify himself and to complete and sign Section A of Form 5400.8.

[SS 55.103]

36. Will a licensee or permittee be notified in advance when his license or permit needs to be renewed?

Yes. Prior to expiration of the license or permit, a licensee or permittee will be notified by way of ATF Form 5400.14/5400.15, Part III, "Renewal of Explosives License or Permit," an application form which must be completed and timely filed in order to effect renewal. [SS 55.461

37. 1 have timely filed my application for renewal but I have not received my renewed license or permit. May I continue in business? If so, how long?

Yes. You may continue to operate pursuant to your current license or permit until the application for renewal is acted upon. 118 U.S.C. 558]

38. When may sales of explosives by licensed dealers be made to residents of adjoining States?

Sales may be made legally to a resident of a bordering State only if that State has enacted specific legislation allowing its residents to purchase explosive materials in a bordering State. (Also, refer to Question # 5) [SSSS 55.26, 55.105]

Record keeping

39. Does a person who obtains a license or permit have to keep records of explosive materials transactions?

Yes. A licensee or permittee must keep records of all acquisitions and dispositions of explosive materials. [SS 55.1071

40. How does one account for explosive materials in his records?

If acquisitions are recorded by weight, then disbursements must also be recorded by weight. If acquisitions are recorded by physical count, then disbursements must also be recorded by physical count.

41. Must a licensee or permittee maintain a daily summary of magazine transactions?

Yes. After the initial inventory required by regulations has been taken, the inventory shall be entered in a record of daily transactions. At the close of business each day, explosives shall be recorded by class, in accordance with the three classes set forth in SS 55.202, as to the total quantity received in and removed from each magazine during the day and as to totals remaining on hand at the end of each day. [SS 55-127]

42. Must I keep my explosives records on the site of the magazine to which these records pertain?

No. A licensee or permittee proprietor of an approved explosives storage facility may keep the records required by SS 55.127 at a centrally located area on the premises, provided a separate record of daily transactions for each magazine is maintained.

47. Who must meet storage requirements?

All persons who store explosive materials shall store them in conformity with the provisions of

Subpart K of the regulations. [SSSS 55,29, 55.164, 55.201]

48. What are the classes of explosive materials for storage purposes?

There are three classes of explosive materials:

(1) High explosives. (For example, dynamite, flash powders, and bulk salutes.)

(2) Low explosives. (For example, black powder, safety fuses, igniters, igniter cords, fuse lighters, and "special fireworks" defined as Class B

43. When must a report be made of a shortage or theft of explosive materials?

Any discrepancy which might indicate a theft or loss shall, within 24 hours, be reported by telephone to ATF (toll free: 800-424-9555). Licensees and permittees must confirm the report by filing a completed Form 5400.5 with the nearest ATF District Office. All other persons must confirm the report by letter to the nearest ATF Office. A report must also be made to local authorities. [SSSS 55.30, 55.1651

44. Where may I obtain additional copies of ATF Form 5400.4?

Requests for forms should be mailed to the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153. They are available at no charge.

[SS 55.21(c)]

45. What forms will the buyer of black powder have to sign at the time of purchase?

If 50 pounds or less is being bought, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices, no form is required.

If black powder is being bought for any other purpose (regardless of quantity), ATF Form 5400.4 shall be signed by the buyer.

46. Is there a requirement for an annual inventory?

An inventory is required to be taken at least once a year. The inventory will be taken by type (blasting caps, dynamite, etc.) location and quantity.

[SSSS 55.122-55.1251

Storage

explosives by U.S. Department of Transportation regulations in 49 CFR Part 173, except for bulk salutes.)

(3) Blasting agents. (For example, ammonium nitrate-fuel oil and certain water gels.) [SS 55.2021

49. May a person store explosives in a residence or dwelling?

No. A person may not store explosive materials in a residence or dwelling. Under certain conditions, storage facilities may be located in a warehouse or in a wholesale or retail establishment, the maximum allowable quantity being 50 pounds.

[SSSS 55.208(b), 55.21 0(b), 55.21 1 (b)]

50. What is the "American Table of Distances?"

This Table lists the minimum acceptable distances separating high explosives storage facilities from inhabited buildings, passenger railroads, public highways, and other explosives storage facilities. This Table is seen in SS 55.218 of the regulations.

51. When low and high explosives are stored together, how is the distance determined to meet table of distance requirements?

The total weight is considered to be high explosives. The table in SS 55.218 would apply.

52. Is it necessary to inspect one's storage

facilities on a regular basis?

Yes. Any person storing explosives must inspect

his storage facilities at intervals not greater than seven days to determine whether the contents are intact or if theft or unauthorized entry has occurred. [SS 55 .204]

53. What are the requirements for relocating an approved storage facility or making changes or additions to the same?

Notification of ATF is usually required. See SS 55.63 for details.

54. Is any type of black powder fuse exempt from storage requirements?

Yes, 3/32-inch and other external burning pyrotechnic hobby fuses are exempt from the explosives law and regulations. [SS55.11: Definition of ammunition'; SS 55.1411

55. With the exception Of 3/62-inch pyrotechnic safety fuse for use in small arms, must black powder fuses generally be stored in approved storage facilities?

Yes. Igniter fuses, time fuses, blasting fuses, safety fuses, or other black powder fuses by what

59. Are display fireworks considered to be explosives?

Yes. Display fireworks contain chemical mixtures which are classified as explosive materials in the Explosives List compiled by the Director, ATF. These fireworks fall within the category of low explosives [SS 55.202(b)), and are regulated in the same manner as are other low explosives.

The Department of Transportation (DOT) classifies display fireworks as Class B explosives in 49 CFR 173-88(d).

ever name known, designed for use with high explosives in blasting operations, must be stored in approved storage facilities. [SS55.11: Definition of ammunition'; SS 55.1821

56. Is smokeless powder for use in small arms ammunition subject to storage requirements?

No. Smokeless powder for use in small arms ammunition is exempt from this Part (27 CFR Part 55). However, smokeless powder intended for this purpose is subject to control under 27 CFR Part 178, "Commerce in Firearms and Ammunition," as a component of ammunition. [SS 55.141; SS 178.11: Definition of 'ammunition']

57. My office building, in which several company employees work during the day in connection with my explosives business, is located in the general area of my explosive storage facility. Do the regulations and the Table of Distances apply to this office building as an inhabited building?

No. A building, such as an office building or repair shop, which is part of the premises of an explosives licensee or permittee and is used in connection with the manufacture, transportation, storage, or use of explosive materials is not an "inhabited building." [SS55.11: Definition of 'inhabited building']

58. 1 bought 12 sticks of dynamite to blast stumps on my property. I have four sticks left over. May I give them to my brother, who does not have a Federal explosives license or permit?

You may give them to your brother only if he resides in the same State in which you reside. If either you or your brother store the dynamite, storage must be in conformity with Federal regulations. [See Question 47.]

Fireworks

60. What fireworks are exempted from regulation?

Common fireworks which are classified by the Department of Transportation (DOT) as Class C explosives are exempt from regulation. Common fireworks are generally small, visible- effects fireworks, but also include small firecrackers less than 11/2-inch in length and 1/4-inch in diameter with a pyrotechnic charge of less than two grains. A list of common fireworks is contained in DOT regulations, 49 CFR SS 173.100(r).

61. Is a license required to manufacture fireworks?

No. A manufacturer of fireworks needs to have a license only if he manufactures fireworks ingredients which constitute explosive materials. (Also see Question # 63.)

62. Are certain fireworks subject to Federal storage regulations?

Yes. All special or display fireworks which are defined by the Department of Transportation (DOT) as Class B explosives in 49 CFR 173.88(d) are considered to be low explosives and must be stored in type 4 storage facilities.

This Class includes all fireworks which are designed to produce an audible effect and contain a pyrotechnic charge in excess of two grains.

Items such as cherry bombs, silver salutes, and

M-80's are illegal fireworks banned from interstate commerce. (Exception-use by Government Agencies)

63. Would a manufacturer of common fireworks, which are exempt from regulation, need a permit in order to acquire explosive ingredients for fireworks he manufactures?

Yes. If he acquires such ingredients in interstate or foreign commerce.

64. Although a manufacturer of display fireworks has no manufacturer's license because he does not manufacture explosive ingredients for such fireworks, does he need a license to deal in display fireworks?

Yes, he would need a license to deal in display fireworks.

ATF Explosives Rulings and Procedures

Following are digests of ATF determinations regarding explosives matters which are of special significance to Federal explosives licensees and permittees, and to ATF Compliance and Law Enforcement personnel. The full text of each of these determinations can be found in the ATF Cumulative Bulletin (1973-1978), and is cited by year, ',CB," and page number at the end of each item.

On August 7, 1981, Part 181 of Title 27, CFR was redesignated as Part 55. The ATF Rulings and Procedures issued prior to August 1981 and still in effect are presented here with current, Part 55 regulation citations and the current titles of ATF personnel, where applicable.

Subject Index

(1) ATF Procedure 75-4: Descriptions of Explosives Storage Facilities.

(2) ATF Ruling 75-20: Meaning of Terms, "inhabited Building."

(3) ATF Rurng 75-21: Construction of Storage Facilities by the Department of DefenseConcrete Floors

(4) ATF Ruling 75-31: Meaning of Terms, "Engaged in the Business"

(5) ATF Ruling 75-35: Identification of Explosive Materials

(6) ATF Rulng 76-4: Meaning of Terms, "State of Residence"

(7) ATF Ruling 76-10: One Sale With Multiple Deliveries

(8) ATF Ruling 76-18: Alternate Magazine construction Standards

(9) ATF Ruling 77-13: Reporting Theft or Loss of Explosive Materials

(10) ATF Riling 77-24: Storage of Electric Blasting Caps With Other Explosive Materials

(1) 27 CFR 55.41: LICENSES AND PERMITS

-GENERAL

Requirements for descriptions of explosives storage facilities.

ATF Proc. 75-4

This Procedure (which was incorporated in Industry Circular 75-1 0; effective November 1, 1975) revised requirements for descriptions of explosives storage facilities that must be filed by applicants intending to store explosive materials.

The Director, ATF, determined that this additional descriptive information was and is required in order to ensure compliance with the law and regulations. Accordingly, Forms 4705 and 4707 (now ATF F 5400.13/5400.16, "Application For License or Permit") were revised.

Following is the text of the Procedure, as amended:

Secs. 3 & 4. Licenses and Permits. A person intending to engage in business as an importer, manufacturer or dealer in explosive materials, or who is intending to acquire, transport, ship, import or receive explosive materials in interstate or foreign commerce for his own use and not for resale, shall complete ATF F 5400.13/5400.16, "Application For License or Permit," in accordance with the instructions on the form, and forward the form with the license or permit fee to the office specified on the form. If approved, the Chief, Firearms and Explosives Licensing Center will issue a license or permit to the applicant. At the time of renewal of a license or permit, the Chief, Firearms and Explosives Licensing Center may require the filing of a new or amended application, or additional descriptive pages, to be attached to the application upon a determination that the currently approved application is inaccurate or does not fully describe the storage facilities. If the application is denied, the applicant will be advised in writing of the reasons for the denial.

Sec. 5. Storage.

.01 If explosive materials are to be stored, the requirements of 27 CFR Part 55, Subpart K- Storage, must be complied with before the application will be approved. An applicant for a license or permit who intends to store explosive materials shall fully describe the intended storage facilities to support the applicant's affirmation that the storage facilities meet the requirements set forth in 27 CFR Part 55, Subpart K-Storage.

02 The description should, as a minimum, include the following information:

(a) The type of magazine (building, igloo, tunnel, portable box, portable trailer, etc.).

(b) The location and distance from applicant's place of business.

(c) The distance to the next nearest storage magazine.

(d) A description of significant terrain features and physical structures, such as buildings, roads, utilities and other facilities which could be damaged if the magazine exploded. Indicate the distance between the magazine and the feature.

(e) The materials (including dimensions and thicknesses) used for the structure (e.g., concrete, corrugated iron over wood, plywood, tin and earth, etc.).

(f) The security, physical safeguards, locks, safety equipment, and anti-theft measures.

(g) The dimensions and capacity of each magazine.

(h) The class of explosive materials to be stored in each magazine.

(I) The owner(s) of the magazine, if other than the applicant.

(j) The names and telephone numbers of individuals who could open the magazines for inspection by ATF officers.

(k) Any special conditions, such as inaccessibility in winter, etc.

(1) [ADDENDUM] A diagram of the premises, providing much of the required, descriptive information set out above. (Preparation by an engineer is not required.) [75 CB 791

(2) 27 CFR 55.1 1: MEANING OF TERMS

(Also SS 55.206)

An office or repair shop used in connection with the manufacture, etc. of explosive materials is not an "inhabited building."

ATF Rul. 75-20

ATF has held that a building, such as an office or repair shop, which is a part of the premises of an explosives manufacturer and is used in connection with the manufacture, transportation, storage, or use of explosive materials, is not an "inhabited building."

Section 55.11 of 27 CFR defines inhabited building as "any building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other structure where people are accustomed to assemble, except any building occupied in connection with the manufacture, transportation, storage, or use of explosive materials."

Regulations in 27 CFR SSSS 55.206 and 55.218 set forth provisions concerning the location of storage facilities and the minimum distances such storage facilities may be located from, among other things, "inhabited buildings."

These provisions are intended to provide protection to persons who inhabit buildings located near premises where explosives are manufactured, stored, etc. However, it is the intent of SS 55.1 1 to exempt buildings used by the explosives industry in connection with the manufacture, transportation, storage, or use of explosive materials from the table of distance requirements on "inhabited buildings." [75 CB 64]

(3) 27 CFR 55.207: CONSTRUCTION OF

TYPE 1 MAGAZINES

(Also SS 55.210)

Certain explosives storage facilities meeting standards of construction prescribed by the Department of Defense Explosives Safety Board for such storage are approved by the Bureau.

ATF Rul. 75-21

ATF has held that explosives storage facilities with smooth-finished concrete floors that were constructed under contract for the use of the Department of Defense (DOD) and that are presently being leased to licensees and permittees for the storage of commercial explosives are considered to be in compliance with the requirements for nonsparking floors, as set forth in 27 CFR SSSS 55.207(a)(4), 55.207(b), and 55.210, for the storage of all types of fully packaged explosives, pyrotechnics and propellants, with the exception of black powder.

Any other such magazines which have smooth finished concrete floors and which meet or exceed DOD construction specifications will also be considered to be in compliance with the requirements of Part 55 with respect to nonsparking floors.

It is the responsibility of the licensee or permittee to provide verification that such facilities were manufactured under DOD specifications or that the facilities meet or exceed such specification standards.

If the regional director (compliance) determines that the concrete floors of type 1 or type 4 magazines do not meet the preceding requirements, he will require such floors to be covered with a nonsparking material, such as epoxy paint or mastic. 175 CB 67]

(4) 27 CFR 55.41: LICENSES AND PERMITS -GENERAL

Certain companies that manufacture explosive materials for use in their own operations are required to obtain licenses as manufacturers of explosive materials.

ATF Rul.e 75-31

ATF has held that companies, such as public utility companies engaged in line and facility construction, which manufacture explosives on a regular or continual basis are considered to be engaged in the business of manufacturing explosive materials and must be appropriately licensed as required by 18 U.S.C. 842.

The term "manufacturer" is defined in 18 U.S.C. 841(h) as "any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use."

Although the term "engaged in the business" is not susceptible to a rigid definition within 18 U.S.C. SSSS 841-848, it is interpreted to imply an element of continuity or habitual practice; an element clearly present in the operations of companies described herein.

Therefore, these companies are considered to be engaged in the business" and must be licensed as explosives manufacturers. [75 CB 651

(5) 27 CFR 55.109- IDENTIFICATION OF

EXPLOSIVE MATERIALS

Methods of marking containers of explosive materials are prescribed.

ATF Rul. 75-35

ATF has held that any method or combination of methods for affixing the required marks to the immediate container of explosive materials, or outside container used in the packaging thereof, is authorized provided the identifying marks:

(1) Are legible;

(2) Show all required information; and,

(3) Are not rendered indecipherable by extended periods of storage.

Where it is desired to utilize a coding system and to omit printed markings on the container, a letterhead application displaying the coding to be used and the manner of its application shall be filed with and approved by the Director, ATF, prior to the use of the proposed coding. Further, where a manufacturer operates his plant for only one shift during the day, the shift of manufacture need not be shown.

It was found that liquid components of explosive materials stored for a period of time in polyethylene or other soft containers would seep through the container walls, tending to render illegible the inked, identifying marks on the container.

A manufacturer's proposal [subsequently approved] of using a system of perforated numbers and code symbols (similar that used on cancelled checks) to mark containers in addition to other identifying marks stamped in ink, was determined to continue to provide the identification required by 27 CFR 55 .109, even if the ink later became illegible. [75 CB 65]

(6) 27 CFR 55.1 1: MEANING OF TERMS

-STATE OF RESIDENCE

"State of residence" of business entities who use explosive materials; distribution of explosive materials by licensees to out-of-State business entities other than licensees and permittees; and, distribution to nonresident employees of such entities are discussed.

ATF Rul. 76-4

ATF was asked to interpret the term "State of residence" (in SS 55.1 1) as it:

(1) Pertains to the distribution of explosive materials to out-of-State corporations and other business entities other than licensees and permittees; and

(2) Relates to the distribution of explosive materials to nonresident employees of such business entities. The Business Entity

If a person is a corporation or other business entity, "State of residence" means the State in which such corporation or other business entity maintains a "place of business." A business entity establishing another "place of business" or "job site" in another State would acquire a "State of residence" in that State as well. This means that a company engaged in construction work would acquire a residence in each State wherein its work is performed. Its place of business in those States would be the job sites at which business is carried on. It would not be essential to a determination of its State of residence that a branch office be maintained in, or administrative work be performed in, the States where job sites are located.

Such a company would not need a permit to acquire explosive materials from a licensee in a State for use at job sites located therein. Form 5400.4, "Explosives Transaction Record," would show the out-of-State address of the business entity as the principal place of business, and the location of the job site as the local place of business.

Nonresident Employees

The purpose of the data requested on Form 5400.4 is to identify the person authorized by the business entity to make the purchase of explosive materials on the entity's behalf and to assure the distributor that such person appears on the required certified list of names of representatives or agents authorized by the business entity to acquire the materials. Regulations (27 CFR SS 55.105(e)), implementing Title 18, U.S.C. 842(f), in part, provide that each business entity acquiring explosive materials shall furnish the distributing licensed dealer with a current, certified list of the names of representatives or agents authorized to acquire explosive materials on behalf of such business entity. The purpose of the data requested on Form 5400.8, "Explosives Delivery Record," is to identify the employee of the business entity or the employee of a carrier accepting delivery of explosive materials on behalf of the distributes at the distributor's business premises.

Therefore:

In the case of bu iness entities, the information required on ATF Forms 5400.4 and 5400.8 with respect to employees or agents arranging for the distribution is not for the purpose of establishing the residence of such persons but only for identification purposes. [76 CB 104]

(7) 27 CFR 55.126: EXPLOSIVES TRANSACTION RECORD

Under certain conditions, a single Form 5400.4 may be used to cover a series of deliveries.

ATF Rul. 76-10

Under the provisions of 27 CFR SS 55 .126, a sale or other distribution by a licensee or permittee shall

not be made to a nonlicensee or nonpermittee unless the transaction is recorded on a Form

5400.4. Under certain conditions, a single Form

5400.4 may be used to cover a series of deliveries.

When an initial sale has been consummated, with partial deliveries to be made in the immediate future, the requirements of SS 55.126 will have been satisfied if the following steps are taken:

(1) Form 5400.4 shall be executed at the time the sale is initially made, although delivery of the explosive material is extended over a period of time not to exceed 30 days.

(2) The executed Form 5400.4 shall subsequently be noted to accurately reflect the date of each separate delivery and describe each separate lot of explosive materials delivered.

(3) In lieu of showing the separate deliveries on the Form 5400.4, the proprietor may attach to the executed form a copy of the delivery record or a copy of the bill of lading or commercial invoice covering each delivery; provided that, as to each such delivery, the attachment contains the date of the delivery and all the information required by Item 21 of Form 5400.4.

(4) All other regulatory requirements and instructions relating to the completion of the form must be complied with.

[76 CB 1051

(8) 27 CFR 55.207: CONSTRUCTION OF TYPE 1 STORAGE FACILITIES

(Also SS 55.208)

Alternate construction standards for storage facilities for explosive materials are prescribed.

ATF Rul. 76-18

Section 8420) of 18 U.S.C. states: "It shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Secretary. In promulgating such regulations, the Secretary shall take into consideration the class, type, and quantity of explosive materials to be stored, as well as the standards of safety and security recognized in the explosives industry."

The regulations in 27 CFR SSSS 55.207 and 55.208 prescribe types of storage facilities for explosive materials and provide (among other things) that such storage facilities shall be bullet-resistant. Section 55.201(b) provides that alternate storage facilities may be authorized for the storage of explosive materials when it is shown that such alternate facilities are or will be constructed in a manner substantially equivalent to the standards of construction contained in the applicable regulations.

The term "bullet-resistant" means resistant to penetration of a bullet of 150 grain M2 ball ammunition having a nominal muzzle velocity of 2700 feet per second fired from a .30 caliber rifle from a distance of 100 feet perpendicular to the wall or door.

It has been determined that a wide range of construction criteria meet the bullet-resistant requirements of regulations for construction of storage facilities for explosive materials.

In order to promote standards of safety and security in the storage of explosive materials while allowing the industry a wide latitude in the selection of construction materials, it is held that storage facilities (magazines) that are constructed according to the following minimum specifications are bullet-resistant and meet the requirements of the regulations as set forth in 27 CFR Part 55. (All steel and wood dimensions indicated are actual thicknesses. To meet the concrete block and brick dimensions indicated, the manufacturers' represented thicknesses may be used.)

(a) Exterior of 5A inch steel, lined with an interior of any type of nonsparking material.

(b) Exterior of 112 inch steel, lined with an interior of not less than 3/8 inch plywood.

(c) Exterior of 3/a inch steel, lined with an interior of two inches of hardwood.

(d) Exterior of 3A inch steel, lined with an interior of three inches of softwood or 21/4 inches of plywood.

(e) Exterior of 1/4 inch steel, lined with an interior of three inches of hardwood.

(f) Exterior of 1/4 inch steel, lined with an interior of five inches of softwood or 51/4 inches of plywood.

(g) Exterior of 1/4 inch steel, lined with an intermediate layer of two inches of hardwood and an interior lining of 11/12 inches of plywood.

(h) Exterior of 3/,6 inch steel, lined with an interior of four inches of hardwood.

(i) Exterior Of 3/16 inch steel, lined with an interior of seven inches of softwood or 63/4 inches of plywood.

(j) Exterior Of 3/16 inch steel, lined with an intermediate layer of three inches of hardwood and an interior lining of 3/4 inch of plywood.

(k) Exterior of 'A inch steel, lined with an interior of five inches of hardwood.

(1) Exterior of 1/8 inch steel, lined with an interior of nine inches of softwood.

(m) Exterior of 'A inch steel, lined with an intermediate layer of four inches of hardwood and an interior lining of 3/4 inch plywood.

(n) Exterior of any type of fire-resistant material which is structurally sound, lined with an intermediate layer of four inches of solid concrete block, OR four inches of solid brick, OR four inches of solid concrete; AND, an interior lining of 'A inch plywood placed securely against the masonry lining.

(o) Standard eight inch concrete block with voids filled with well-tamped sand/cement mixture.

(p) Standard eight inch solid brick.

(q) Exterior of any type of fire-resistant material which is structurally sound, lined with an intermediate six inch space filled with well-tamped dry sand or well-tamped sand/cement mixture.

(r) Exterior of 1/8 inch steel, lined with a first intermediate layer of 3/4 inch plywood, a second intermediate layer of 35A inches well-tamped dry sand or sand/cement mixture and an interior lining of 3/4 inch plywood.

(s) Exterior of any type of fire-resistant material, lined with a first intermediate layer of 3/4 inch plywood, a second intermediate layer of 35/8 inches well-tamped dry sand or sand/cement mixture, a third intermediate layer of 3/4 inch plywood, and a fourth intermediate layer of two inches of hardwood OR 14 gauge steel AND an interior lining of 3/4 inch plywood.

(t) Eight inch thick solid concrete. 176 CB 106)

(9) 27 CFR 55.30: REPORTING THEFT OR LOSS OF EXPLOSIVE MATERIALS

(Also SS 55.165)

Reporting theft or loss of explosive materials.

ATF Rul. 77-13

Section 842(k) of 18 U.S.C. makes it unlawful for any person who has knowledge of the theft or loss of any explosive materials from his stock to fail to report such theft or loss within 24 hours of discovery thereof to ATF and to appropriate local authorities. Regulations at 27 CFR SS 55.30, implementing section 842(k), require that the report of theft or loss be made by telephone and in writing to ATF

The legislative history of Title XI of the Organized Crime Control Act of 1970 (18 U.S.C. Chapter 40) makes clear the Congress believed that total coverage of a// stolen explosive materials was necessary for the effective operation of any Federal explosives regulatory statute-because of the special problems presented by such stolen explosive materials and the persons possessing them, The statute and the regulations refer to the reporting of thefts or losses of explosive materials from the "stock" of a person. With reference to that requirement, the House Judiciary Committee report makes it clear that this provision was intended to place an affirmative duty on all possessors of explosive materials to report a theft or loss of such explosive materials. Thus, the reporting requirements were not meant to apply only to thefts or losses from business inventories.

It is, therefore, held that all persons possessing explosive materials who suffer a theft or loss of such materials shall report the theft or loss within 24 hours after the discovery thereof to ATF and to appropriate local authorities. Such persons required to report include (but are not limited to) licensees, permittees, carriers who transport or otherwise possess explosive materials, and users of such materials. Licensees and permittees must make such report by:

First, calling ATF toll free at 800-424-9555;

Second, calling the local law enforcement office; and

Third, completing and forwarding ATF Form 5400.5 in accordance with instructions on the form.

All other persons subject to the reporting requirement must report by telephone and in writing, by letter, to the nearest ATF Office. 177 CB 190]

(1 0) 27 CFR 55.213: QUANTITY AND STORAGE RESTRICTIONS (Also SS 55.208)

Alternate magazine construction standards for storage of electric blastin6 caps with other explosive materials are prescribed.

ATF Rul. 77-24

Section 8420) of 18 U.S.C. states: "It shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Secretary. In promulgating such regulations, the Secretary shall take into consideration the class, type, and quantity of explosive materials to be stored, as well as the standards of safety and security recognized in the explosives industry."

The regulations in 27 CFR SS 55.213 restrict the storage of blasting caps with other explosive materials. Section 55.201 (b) provides that alternate storage magazines may be authorized for the storage of explosive materials when it is shown that such alternate magazines are or will be constructed in a manner substantially equivalent to the standards of construction contained in the applicable regulations.

ATF recognizes that the transportation and storage of explosive materials in the same vehicle along with electric blasting caps is often desired. The Institute of Makers of Explosives established a recommended standard for such transport in their Safety Library Publication No. 22, dated November 5, 1971 [revised January 1985]. This standard prescribes the minimum construction criteria for:

(a) A container securely attached(1) Above the cab of the vehicle (see Figure 1, Appendix A), and

(2) To the vehicle frame under the cargo space (see Figure 2, Appendix A), or

(b) A built-in compartment in the cargo space of the vehicle (see Appendix B).

In addition to motorized vehicles, consideration was also given for the use of similar criteria on portable wheeled trailers being used as magazines under SS 55 .208(a) of the regulations (see Appendix E).

In order to insure standards of safety and security in the storage of explosive materials while allowing the industry a proper latitude in the construction of magazines, it is held that vehicles used for transporting and for storing explosive materials that are constructed in conformity with the standards listed below, and in compliance with all other safety and security provisions contained in Part 55 (e.g., effectively immobilized when unattended) will meet the requirements of ATF regulations.

Even though constructed on the same vehicle, each compartment will be considered as a separate magazine. The two magazines on the vehicle will, however, be considered as one magazine when applying the American Table of Distances [see Table at SS 55.218].

Construction Standards For Storage of Electric Blasting Caps(Non Mass-Detonating)

a. The container or compartment must provide for total enclosure of the electric blasting caps.

b. The partition between the explosives storage compartment and the electric blasting cap compartment must be of laminate construction consisting of A/C grade or better exterior plywood, gypsum board [sheetrock] and low carbon steel plates. In order of arrangement, the laminate must conform to the following, with minimum thickness of each lamination as indicated:

1/2 inch plywood,

1/2 inch gypsum board [sheetrock],

'A inch low carbon steel, and,

1/4 inch plywood,

With the 1/4 inch plywood facing the explosives storage compartment. See Appendix C for details of laminate construction. The door to the electric blasting cap compartment must be of metal construction or solid wood covered with metal; the outside walls and top must be of the same construction as the rest of the vehicle or trailer. If high explosives, or bullet sensitive explosive materials are stored in the vehicle, then the storage compartment of the vehicle must be constructed so as to be bullet-resistant.

c. As an alternative to the construction requirements shown in paragraph b, a container for use only as illustrated in Appendix A may be used when constructed as follows:

1 The top, lid or door, and the sides and bottom of each container must be of laminate construction consisting of A/C grade or better exterior plywood, solid hardwood, gypsum board [sheetrock], and sheet metal. In order of arrangement, the laminate must conform to the following, with minimum thickness of each lamination as indicated:

1/4 inch plywood,

1 inch solid hardwood,

1/2 inch plywood,

1/2 inch gypsum board [sheetrock]

(OR 1/4 inch particle board), and

22 gauge sheet metal,

Constructed inside to outside in that order. See Appendix D for detail of laminate construction.

2. The hardwood must be fastened together with wood screws, the 112 inch plywood must be fastened to the hardwood with wood screws, the inner 1/4 inch plywood must be fastened to the hardwood with adhesive, and the 22 gauge sheet metal must be attached to the exterior of the container with screws.

d. The laminate composite material must be securely bound together by waterproof adhesive or other equally effective means.

e. The steel plates at the joints of laminations must be secured by continuous fillet welds.

f. All interior surfaces of the container or compartment must be constructed so as to prevent contact of contents with any sparking metal.

g. There must be direct access to the container or into a compartment from outside the vehicle.

h. Each container or compartment must have a snug fitting continuous piano-type hinged lid or door equipped with a locking device (or devices).

i. Without permitting direct access to contents under normal conditions, the locking or hinging mechanisms must permit at least one edge of the lid or door to rise or move outward at least 1/2 inch when subjected to internal pressure.

j. The exterior of the container or compartment must be weather-resistant.

[77 CB 1911

71

GENERAL INFORMATION

EFFECT OF TITLE Xi ON THE FIREWORKS INDUSTRY

[CAUTION! This Item Discusses the Federal "Point of View," Only! Please Contact Your StatelLocal Authority For Any Additional Requirements!]

Title XI of the Organized Crime Control Act of 1970 (18 U.S.C. Chapter 40) establishes controls over explosive materials, including black powder and other pyrotechnic compositions commonly used in fireworks. Part 55 of Title 27, Code of Federal Regulations (CFR), contains the regulations which implement Title Xi.

Section 55.141(a)(7) exempts "the importation and distribution of fireworks classified as Class C explosives and generally known as 'common fireworks,' and other Class C explosives, as described by U.S. Department of Transportation regulations in 49 CFR 173 .100(p),(r),(t),(u), and (x)."

Section 55.141(a)(7) does not exempt "special fireworks" (often referred to as "display fireworks") which are classified by the Department of Transportation as Class "B" explosives. The exemption applies only to "common fireworks" in a finished state classified by the Department of Transportation as Class "C" explosives (49 CFR SS 173.100).

With Respect to Fireworks ... Who Needs a License?

1. Manufacturers of black powder;

2. Manufacturers of any other explosive material

used in manufacturing "special fireworks" (Class "B" explosives) or "common fireworks" (Class "C" explosives); and

3. Importers of, or dealers in, "special fireworks."

With Respect to Fireworks ... Who Needs a Permit?

1. A person acquiring or transporting "special fireworks" interstate for his own use and not for resale. [Agencies of the United States or of any State or political subdivisions thereof are exempt from permit requirements.]; and

2. A person, other than a licensee, acquiring or transporting explosive materials interstate for use in manufacturing "special fireworks" or "common fireworks.

With Respect to Fireworks ...

Who May Not Need a License or Permit?

Frequently, persons contracting for display fireworks (such as would be appropriate for Fourth of July observances) from an out-of-State dealer receive a total service, including the services of a pyrotecknician who transports display fireworks in interstate commerce to the site of the display and conducts or supervises the display. In these instances, the customers purchase the dealer's services rather than the explosive materials themselves, and the cost of the services includes the dealer's expense in providing the fireworks utilized.

When business is transacted in this manner, the customers purchasing and receiving the services need not obtain Federal licenses or permits since they are not actually acquiring explosive materials outside their States of residence, and they are not receiving such materials or causing them to be transported in interstate commerce.

If the dealer furnishing the services is a licensee, his interstate transportation of explosive materials to the display sites would be conduct authorized by his license.

With Respect to Fireworks ...

Types of Permits

1. User permit: Allows a permittee to acquire, transport, ship and receive "special fireworks" in interstate or foreign commerce for his own use and not for resale. This permit is issued at a cost of $20 for a one-year period and is renewable at a cost of $10 for a three-year period.

2. User-limited permit: Identical to the user permit but issued for a single transaction, only. The fee is $2; the permit is nonrenewable. A new permit must be obtained for each transaction. This type of permit is advantageous to civic and veterans organizations who wish to conduct a single display such as on the Fourth of July.

With Respect to Fireworks ...

Storage

The law prohibits any person from storing any explosive materials in a manner not in conformity with the regulations promulgated by the Secretary of the

Treasury (1 8 U.S.C. 842(J)). Pursuant to this section, the Secretary has prescribed storage regulations in 27 CFR Part 55, Subpart K. Since display fireworks are not exempt from regulations, they must be stored in conformity with the regulations.

Display fireworks generally contain Perchlorate mixture explosives, potassium chlorate base explosive mixtures, and black powder, which are entered on the List of Explosive Materials with numerous others. (The List is annually compiled and readily available without charge from the address set out in SS 55.23.)

Display fireworks should be stored as low explosives in facilities meeting the requirements for type 4 storage facilities, prescribed by 27 CFR SS 55.210 unless they contain other classes of explosives.

The manufacturer of exempt or nonexempt fireworks having stocks of explosive materials on hand to be used in the manufacture of fireworks must store his stocks in conformity with applicable storage requirements. In storage facilities where weight restrictions apply, the net weight of the explosive materials may be used. To determine the actual weight of the explosive materials, it may be necessary to contact their manufacturers.

EXPLOSIVES LICENSE AND PERMIT NUMBERING SYSTEM

The Basic Number of your Federal explosives license or permit consists of digits 2 and 3, and 1 1 through 15.

This basic number may be useful for letterheads, business cards, invoices, records, etc. (unless you are a manufacturer-limited licensee, or a userlimited permittee, as these licenses/permits are nonrenewable).

DIGIT STANDS FOR

1 Alcohol, Tobacco and Firearms Region

2,3 State-Alpha Designation

4,5,6 County of the State

7,8 Type of license or permit

9,10 Expiration date code

11-15 Sequence number of license or permit

EXAMPLE:

5 TX 057 29 2E 00002

5 = Southwest Region

TX = Texas

057 = Dallas County

29 = Dealer in Black Powder

2E = May 1992 Expiration Date

00002 = Sequence Number

EXPLOSIVES DEALER'S AND USER'S BASIC GUIDE TO FEDERAL EXPLOSIVES REGULATION

N EXPLOSIVES MAY NOT BE DISTRIBUTED BY LICENSEES TO ANY PERSON WHO:

_ Is under 21 years of age.

_ Has been convicted of a crime punishable by imprisonment for a term exceeding one year.

_ Is under indictment for a crime punishable by imprisonment for a term exceeding one year.

_ Is an unlawful user of, or addicted to, marijuana or any depressant or stimulant drug or narcotic drug (as these terms are defined in the Controlled Substances Act; 21 U.S.C. 802).

_ Has been adjudicated as a mental defective or has been committed to a mental institution.

_ Is a fugitive from justice.

_ May not lawfully purchase, possess or use explosives under State or local laws applicable at the place of distribution.

0 DEALERS IN EXPLOSIVES MUST

_ Have a Federal license.

_ Have proper storage facilities.

_ Keep accurate and complete records.

_ Verify that each out-of-State buyer has a Federal permit.

_ Have nonlicensees/nonpermittees execute Forms 5400.4, "Explosives Transaction Record."

- Have employees of buyers or carriers to whom delivery is made at a distributor's premises execute Forms 5400.8, "Explosives Delivery Record."

Verify buyers' identities.

N USERS OF EXPLOSIVES-PERMITTEES AND NONPERMITTEES:

Federal permits are required of those who purchase explosives from outside their State of residence and/or transport them interstate. The permittee must keep complete and accurate records of his acquisitions and dispositions of explosives.