part 55—commerce in explosives...explosives. 55.220table of separation distances of am-monium...

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numbers assigned by OMB to collec-tions of information in the regulationsin this part.

(b) Display.

27 CFR part 53 section num-ber OMB control number(s)

§ 53.1 ..................................... 1545–0723§ 53.3 ..................................... 1545–0685§ 53.11 ................................... 1545–0723§ 53.92 ................................... 1545–0023§ 53.93 ................................... 1545–0023§ 53.99 ................................... 1545–0023§ 53.131 ................................. 1545–0023§ 53.132 ................................. 1545–0023§ 53.133 ................................. 1545–0023§ 53.134 ................................. 1545–0023§ 53.136 ................................. 1545–0023§ 53.140 ................................. 1545–0023§ 53.141 ................................. 1545–0023§ 53.142 ................................. 1545–0023§ 53.143 ................................. 1545–0023§ 53.151 ................................. 1545–0023, 1545–0723§ 53.152 ................................. 1545–0723§ 53.153 ................................. 1545–0257, 1545–0723§ 53.155 ................................. 1545–0723§ 53.157 ................................. 1545–0257§ 53.171 ................................. 1545–0023, 1545–0723§ 53.172 ................................. 1545–0723§ 53.173 ................................. 1545–0723§ 53.174 ................................. 1545–0723§ 53.175 ................................. 1545–0723§ 53.176 ................................. 1545–0723§ 53.177 ................................. 1545–0723§ 53.178 ................................. 1545–0723§ 53.179 ................................. 1545–0723§ 53.180 ................................. 1545–0723§ 53.181 ................................. 1545–0723§ 53.182 ................................. 1545–0723§ 53.183 ................................. 1545–0723§ 53.184 ................................. 1545–0023, 1545–0723§ 53.185 ................................. 1545–0023, 1545–0723§ 53.186 ................................. 1545–0723

PART 55—COMMERCE INEXPLOSIVES

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 andMiscellaneous Provisions

55.21 Forms prescribed.55.22 Alternate methods or procedures;

emergency variations from require-ments.

55.23 List of explosive materials.55.24 Right of entry and examination.55.25 Disclosure of information.55.26 Prohibited shipment, transportation,

receipt, possession, or distribution of ex-plosive materials.

55.27 Out-of-State disposition of explosivematerials.

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 per-

mit.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 oper-

ations.55.62 State or other law.55.63 Explosives magazine changes.

Subpart E—License and PermitProceedings

55.71 Opportunity for compliance.55.72 Denial of initial application.55.73 Hearing after initial application is de-

nied.55.74 Denial of renewal application or rev-

ocation of license or permit.55.75 Hearing after denial of renewal appli-

cation or revocation of license or permit.55.76 Action by regional director (compli-

ance).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 per-

mittee.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 orOperations

55.101 Posting of license or permit.55.102 Authorized operations by permittees

and certain licensees.

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27 CFR Ch. I (4–1–98 Edition)§ 55.1

55.103 Transactions among licensees/permit-tees.

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 im-

porters.55.123 Records maintained by licensed man-

ufacturers.55.124 Records maintained by licensed deal-

ers.55.125 Records maintained by licensed man-

ufacturers-limited and permittees.55.126 Explosives transaction record.55.127 Daily summary of magazine trans-

actions.55.128 Discontinuance of business.55.129 Exportation.55.130 [Reserved]

Subpart H—Exemptions

55.141 Exemptions.55.142 Relief from disabilities incurred by

indictment, information or conviction.

Subpart I—Unlawful Acts, Penalties,Seizures, and Forfeitures

55.161 Engaging in business without a li-cense.

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 J—Marking of Plastic Explosives

55.180 Prohibitions relating to unmarkedplastic explosives.

55.181 Reporting of plastic explosives.55.182 Exceptions.55.183 Importations of plastic explosives on

or after April 24, 1997.55.184 Statements of process and samples.55.185 Criminal sanctions.55.186 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 ex-

plosive materials.55.219 Table of distances for storage of low

explosives.55.220 Table of separation distances of am-

monium nitrate and blasting agents fromexplosives or blasting agents.

55.221 Requirements for special fireworks,pyrotechnic compositions, and explosivematerials used in assembling fireworks.

55.222 Table of distances between fireworksprocess buildings and between fireworksprocess and fireworks nonprocess build-ings.

55.223 Table of distances between fireworksprocess buildings and other specifiedareas.

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

AUTHORITY: 18 U.S.C. 847.

SOURCE: T.D. ATF–87, 46 FR 40384, Aug. 7,1981, unless otherwise noted.

Subpart A—Introduction§ 55.1 Scope of regulations.

(a) In general. The regulations con-tained in this part relate to commercein explosives and implement Title XI,Regulation of Explosives (18 U.S.C.Chapter 40; 84 Stat. 952), of the Orga-nized Crime Control Act of 1970 (84Stat. 922), Public Law 103–322 (108 Stat.1796), and Public Law 104–132 (110 Stat.1214).

(b) Procedural and substantive require-ments. This part contains the proce-dural and substantive requirementsrelative to:

(1) The interstate or foreign com-merce in explosive materials;

(2) The licensing of manufacturersand importers of, and dealers in, explo-sive materials;

(3) The issuance of user permits;(4) The conduct of business by licens-

ees and operations by permittees;(5) The storage of explosive mate-

rials;(6) The records and reports required

of licensees and permittees;(7) Relief from disabilities under this

part;


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Bureau of Alcohol, Tobacco and Firearms, Treasury § 55.11

(8) Exemptions, unlawful acts, pen-alties, seizures, and forfeitures; and

(9) The marking of plastic explosives.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–363, 60 FR 17449, Apr.6, 1995; T.D. ATF–387, 62 FR 8376, Feb. 25,1997]

§ 55.2 Relation to other provisions oflaw.

The provisions in this part are in ad-dition to, and are not in lieu of, anyother provision of law, or regulations,respecting commerce in explosive ma-terials. For regulations applicable tocommerce in firearms and ammuni-tion, see Part 178 of this chapter. Forregulations applicable to traffic in ma-chine guns, destructive devices, andcertain other firearms, see Part 179 ofthis chapter. For statutes applicable tothe registration and licensing of per-sons engaged in the business of manu-facturing, importing or exportingarms, ammunition, or implements ofwar, see section 38 of the Arms ExportControl Act (22 U.S.C. 2778), and regula-tions of Part 47 of this chapter and inParts 121 through 128 of Title 22, Codeof Federal Regulations. For statutesapplicable to nonmailable materials,see 18 U.S.C. 1716 and implementingregulations. For statutes applicable towater quality standards, see 33 U.S.C.1341.

Subpart B—Definitions§ 55.11 Meaning of terms.

When used in this part, terms are de-fined as follows in this section. Wordsin the plural form include the singular,and vice versa, and words indicatingthe masculine gender include the femi-nine. The terms ‘‘includes’’ and ‘‘in-cluding’’ do not exclude other thingsnot named which are in the same gen-eral class or are otherwise within thescope of the term defined.

Act. 18 U.S.C. Chapter 40.Ammunition. Small arms ammunition

or cartridge cases, primers, bullets, orsmokeless propellants designed for usein small arms, including percussioncaps, and 3/32 inch and other externalburning pyrotechnic hobby fuses. Theterm does not include black powder.

Approved storage facility. A placewhere explosive materials are stored,

consisting of one or more approvedmagazines, conforming to the require-ments of this part and covered by a li-cense or permit issued under this part.

Artificial barricade. An artificialmound or revetted wall of earth of aminimum thickness of three feet, orany other approved barricade that of-fers equivalent protection.

ATF officer. An officer or employeeof the Bureau of Alcohol, Tobacco andFirearms (ATF) authorized to performany function relating to the adminis-tration or enforcement of this part.

Barricaded. The effective screening ofa magazine containing explosive mate-rials from another magazine, a build-ing, a railway, or a highway, either bya natural barricade or by a artificialbarricade. To be properly barricaded, astraight line from the top of any side-wall of the magazine containing explo-sive materials to the eave line of anyother magazine or building, or to apoint 12 feet above the center of a rail-way or highway, will pass through thenatural or artificial barricade.

Blasting agent. Any material or mix-ture, consisting of fuel and oxidizer,that is intended for blasting and nototherwise defined as an explosive; ifthe finished product, as mixed for useor shipment, cannot be detonated bymeans of a number 8 test blasting capwhen unconfined. A number 8 testblasting cap is one containing 2 gramsof a mixture of 80 percent mercury ful-minate and 20 percent potassium chlo-rate, or a blasting cap of equivalentstrength. An equivalent strength capcomprises 0.40–0.45 grams of PETN basecharge pressed in an aluminum shellwith bottom thickness not to exceed to0.03 of an inch, to a specific gravity ofnot less than 1.4 g/cc., and primed withstandard weights of primer dependingon the manufacturer.

Bulk salutes. Salute components priorto final assembly into aerial shells, andfinished salute shells held separatelyprior to being packed with other typesof special fireworks.

Bullet-sensitive explosive materials. Ex-plosive materials that can be explodedby 150-grain M2 ball ammunition hav-ing a nominal muzzle velocity of 2700fps (824 mps) when fired from a .30 cali-ber rifle at a distance of 100 ft (30.5 m),


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27 CFR Ch. I (4–1–98 Edition)§ 55.11

measured perpendicular. The test ma-terial is at a temperature of 70 to 75 de-grees F (21 to 24 degrees C) and isplaced against a 1⁄2 inch (12.4 mm) steelbacking plate.

Bureau. The Bureau of Alcohol, To-bacco and Firearms, Department of theTreasury, Washington, DC.

Business premises. When used with re-spect to a manufacturer, importer, ordealer, the property on which explosivematerials are manufactured, imported,stored or distributed. The premises in-clude the property where the records ofa manufacturer, importer, or dealer arekept if different than the premiseswhere explosive materials are manu-factured, imported, stored or distrib-uted. When used with respect to a userof explosive materials, the property onwhich the explosive materials are re-ceived or stored. The premises includesthe property where the records of theusers are kept if different than thepremises where explosive materials arereceived or stored.

Chief, Firearms and Explosives Licens-ing Center. The AFT official responsiblefor the issuance and renewal of licensesand permits under this part.

Common fireworks. Any small fire-work device designed to produce visibleeffects by combustion and which mustcomply with the construction, chemi-cal composition, and labeling regula-tions of the U.S. Consumer ProductSafety Commission, as set forth in title16, Code of Federal Regulations, parts1500 and 1507. Some small devices de-signed to produce audible effects areincluded, such as whistling devices,ground devices containing 50 mg or lessof explosive materials, and aerial de-vices containing 130 mg or less of ex-plosive materials. Common fireworksare classified as Class C explosives bythe U.S. Department of Transportation(DOT). 49 CFR 173.100(r)

Crime punishable by imprisonment for aterm exceeding one year. Any offense forwhich the maximum penalty, whetheror not imposed, is capital punishmentor imprisonment in excess of one year.The term does not include (a) any Fed-eral or State offenses pertaining toantitrust violations, unfair trade prac-tices, restraints of trade, or (b) anyState offense (other than one involvinga firearm or explosive) classified by the

laws of the State as a misdemeanor andpunishable by a term of imprisonmentof two years or less.

Customs officer. Any officer of theCustoms Service or any commissioned,warrant, or petty officer of the CoastGuard, or any agent or other person au-thorized to perform the duties of an of-ficer of the Customs Service.

Dealer. Any person engaged in thebusiness of distributing explosive ma-terials at wholesale or retail.

Detonator. Any device containing adetonating charge that is used for ini-tiating detonation in an explosive. Theterm includes, but is not limited to,electric blasting caps of instantaneousand delay types, blasting caps for usewith safety fuses, detonating-corddelay connectors, and nonelectric in-stantaneous and delay blasting caps.

Director. The Director, Bureau of Al-cohol, Tobacco and Firearms, Depart-ment of the Treasury, Washington, DC.

Distribute. To sell, issue, give, trans-fer, or otherwise dispose of. The termdoes not include a mere change of pos-session from a person to his agent oremployee in connection with the agen-cy or employment.

Executed under penalties of perjury.Signed with the required declarationunder the penalties of perjury as pro-vided on or with respect to the return,form, or other document or, where noform of declaration is required, withthe declaration:

‘‘I declare under the penalties of perjurythat this—(insert type of document, such as,statement, application, request, certificate),including the documents submitted in sup-port thereof, has been examined by me and,to the best of my knowledge and belief, istrue, correct, and complete’’.

Explosive actuated device. Any tool orspecial mechanized device which is ac-tuated by explosives, but not a propel-lent actuated device.

Explosive materials. Explosives, blast-ing agents, water gels and detonators.Explosive materials include, but arenot limited to, all items ‘‘in the List ofExplosive Materials’’ provided for in§ 55.23.

Explosives. Any chemical compound,mixture, or device, the primary orcommon purpose of which is to func-tion by explosion. The term includes,but is not limited to, dynamite and


717


other high explosives, black powder,pellet powder, initiating explosives,detonators, safety fuses, squibs, deto-nating cord, igniter cord, and igniters.

Fireworks. Any composition or devicedesigned to produce a visible or an au-dible effect by combustion, deflagra-tion, or detonation, and which meetsthe definition of ‘‘common fireworks’’or ‘‘special fireworks’’ described byU.S. Department of Transportation in49 CFR 173.88 and 173.100.

Fireworks mixing building. Any build-ing or area used for mixing and blend-ing pyrotechnic compositions exceptwet sparkler mix.

Fireworks nonprocess building. Any of-fice building, fireworks plant ware-house, or other building or area in afireworks plant where no fireworks, py-rotechnic compositions or explosivematerials are processed or stored.

Fireworks plant. All land and build-ings thereon used for or in connectionwith the assembly or processing of fire-works, including warehouses used withor in connection with fireworks plantoperations.

Fireworks plant warehouse. Any build-ing or structure used exclusively forthe storage of materials which are nei-ther pyrotechnic compositions nor ex-plosive materials used to assemble fire-works.

Fireworks Process building. Any mix-ing building; any building in which py-rotechnic compositions or explosivematerials is pressed or otherwise pre-pared for finished and assembly; or anyfinishing or assembly building.

Fireworks shipping building. A build-ing used for the packing of assortedspecial fireworks into shipping cartonsfor individual public displays and forthe loading of packaged displays forshipment to purchasers.

Flash powder. An explosive materialintended to produce an audible reportand a flash of light when ignited whichincludes but is not limited to oxidizerssuch as potassium chlorate or potas-sium perchlorate, and fuels such as sul-fur or aluminum powder.

Fugitive from justice. Any person whohas fled from the jurisdiction of anycourt of record to avoid prosecution forany crime or to avoid giving testimonyin any criminal proceeding. The termalso includes any person who has been

convicted of any crime and has fled toavoid imprisonment.

Hardwood. Oak, maple, ash, hickory,or other hard wood, free from looseknots, spaces, or similar defects.

Highway. Any public street, alley, orroad. Public highways of class A to Dare highways with an average trafficvolume of 3,000 or less vehicles per dayas specified in ‘‘American Civil Engi-neering Practice’’ (Abbett, Vol. 1,Table 46, Section 3–74, 1956 Edition,John Wiley and Sons).

Importer. Any person engaged in thebusiness of importing or bringing ex-plosive materials into the UnitedStates for purposes of sale or distribu-tion.

Indictment. Includes an indictment orinformation in any court under which acrime punishable by imprisonment fora term exceeding one year may be pros-ecuted.

Inhabited building. Any building regu-larly occupied in whole or in part as ahabitation for human beings, or anychurch, schoolhouse, railroad station,store, or other structure where peopleare accustomed to assemble, exceptany building occupied in connectionwith the manufacture, transportation,storage, or use of explosive materials.

Interstate or foreign commerce. Com-merce between any place in a State andany place outside of that State, orwithin any possession of the UnitedStates or the District of Columbia, andcommerce between places within thesame State but through any place out-side of that State.

Licensed dealer. A dealer licensedunder this part.

Licensed importer. An importer li-censed under this part.

Licensed manufacturer. A manu-facturer licensed under this part to en-gage in the business of manufacturingexplosive materials for purposes of saleor distribution or for his own use.

Licensed manufacturer-limited. A man-ufacturer licensed under this part toengage in the business of manufactur-ing explosive materials for his own useand not for sale or distribution.

Licensee. Any importer, manufac-turer, or dealer licensed under thispart.


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27 CFR Ch. I (4–1–98 Edition)§ 55.11

Magazine. Any building or structure,other than an explosives manufactur-ing building, used for storage of explo-sive materials.

Manufacturer. Any person engaged inthe business of manufacturing explo-sive materials for purposes of sale ordistribution or for his own use.

Manufacturer-limited. Any person en-gaged in the business of manufacturingexplosive materials for his own use andnot for sale or distribution.

Mass detonation (mass explosion). Ex-plosive materials mass detonate (massexplode) when a unit or any part of alarger quantity of explosive materialexplodes and causes all or a substantialpart of the remaining material to deto-nate or explode.

Natural barricade. Natural features ofthe ground, such as hills, or timber ofsufficient density that the surroundingexposures which require protectioncannot be seen from the magazinewhen the trees are bare of leaves.

Number 8 test blasting cap. (See defini-tion of ‘‘blasting agent.’’)

Permittee. Any user of explosives forlawful purpose, who has obtained auser permit under this part.

Person. Any individual, corporation,company, association, firm, partner-ship, society, or joint stock company.

Plywood. Exterior, constructiongrade (laminated wood) plywood.

Propellant actuated device. Any tool orspecial mechanized device or gas gener-ator system which is actuated by a pro-pellant or which releases and directswork through a propellant charge.

Pyrotechnic compositions. A chemicalmixture which, upon burning and with-out explosion, produces visible, bril-liant displays, bright lights, or sounds.

Railway. Any steam, electric, orother railroad or railway which carriespassengers for hire.

Region. A geographical region of theBureau of Alcohol, Tobacco and Fire-arms.

Regional director (compliance). Theprincipal regional official responsiblefor administering regulations in thispart.

Salute. An aerial shell, classified as aspecial firework, that contains acharge of flash powder and is designedto produce a flash of light and a loudreport as the pyrotechnic effect.

Screen barricade. Any barrier thatwill contain the embers and debrisfrom a fire or deflagration in a processbuilding, thus preventing propagationof fire to other buildings or areas. Suchbarriers shall be constructed of metalroofing, 1⁄4 to 1⁄2 inch (6 to 13 mm) meshscreen, or equivalent material. Thebarrier extends from floor level to aheight such that a straight line fromthe top of any side wall of the donorbuilding to the eave line of any exposedbuilding intercepts the screen at apoint not less than 5 feet (1.5 m) fromthe top of the screen. The top 5 feet (1.5m) of the screen is inclined towards thedonor building at an angle of 30 to 45degrees.

Softwood. Fir, pine, or other softwood, free from loose knots, spaces, orsimilar defects.

Special fireworks. Large fireworks de-signed primarily to produce visible oraudible effects by combustion, defla-gration, or detonation. This term in-cludes, but is not limited to, salutescontaining more than 2 grains (130 mg)of explosive materials, aerial shellscontaining more than 40 grams of pyro-technic compositions, and other dis-play pieces which exceed the limits ofexplosive materials for classificationas ‘‘common fireworks.’’ Special fire-works are classified as Class B explo-sives by the U.S. Department of Trans-portation. 49 CFR 173.88(d).

State. A State of the United States.The term includes the District of Co-lumbia, the Commonwealth of PuertoRico, and the possessions of the UnitedStates.

State of residence. The State in whichan individual regularly resides ormaintains his home. Temporary stay ina State does not make the State oftemporary stay the State of residence.

Theatrical flash powder. Flash powdercommercially manufactured inpremeasured kits not exceeding 1 ounceand mixed immediately prior to useand intended for use in theatricalshows, stage plays, band concerts,magic acts, thrill shows, and clownacts in circuses.

U.S.C. The United States Code.User-limited permit. A user permit

valid only for a single purchase trans-action, a new permit being required fora subsequent purchase transaction.


719


User permit. A permit issued to a per-son authorizing him (a) to acquire forhis own use explosive materials from alicensee in a State other than theState in which he resides or from a for-eign country, and (b) to transport ex-plosive materials in interstate or for-eign commerce.

Water gels. Explosives or blastingagents that contain a substantial pro-portion of water.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82Stat. 1226)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–92, 46 FR 46916, Sept.23, 1981; T.D. ATF–200, 50 FR 10497, Mar. 15,1985; T.D. ATF–290, 54 FR 53053, Dec. 27, 1989;T.D. ATF–293, 55 FR 3720, Feb. 5, 1990; T.D.ATF–314, 56 FR 49140, Sept. 27, 1991; T.D.ATF–382, 61 FR 38084, July 23, 1996]

Subpart C—Administrative andMiscellaneous Provisions

§ 55.21 Forms prescribed.

(a) The Director is authorized to pre-scribe all forms required by this part.All of the information called for ineach form shall be furnished as indi-cated by the headings on the form andthe instructions on or pertaining to theform. In addition, information calledfor in each form shall be furnished asrequired by this part.

(b) Requests for forms should bemailed to the ATF Distribution Center,7943 Angus Court, Springfield, Virginia22153.

[T.D. ATF–92, 46 FR 46916, Sept. 23, 1981, asamended by T.D. ATF–249, 52 FR 5961, Feb.27, 1987; T.D. 372, 61 FR 20724, May 8, 1996]

§ 55.22 Alternate methods or proce-dures; emergency variations fromrequirements.

(a) Alternate methods or procedures.The permittee or licensee, on specificapproval by the Director as provided bythis paragraph, may use an alternatemethod or procedure in lieu of a meth-od or procedure specifically prescribedin this part. The Director may approvean alternate method or procedure, sub-ject to stated conditions, when he findsthat:

(1) Good cause is shown for the use ofthe alternate method or procedure;

(2) The alternate method or proce-dure is within the purpose of, and con-sistent with the effect intended by, thespecifically prescribed method or pro-cedure and that the alternate methodor procedure is substantially equiva-lent to that specifically prescribedmethod or procedure; and

(3) The alternate method or proce-dure will not be contrary to any provi-sion of law and will not result in an in-crease in cost to the Government orhinder the effective administration ofthis part.Where the permittee or licensee desiresto employ an alternate method or pro-cedure, he shall submit a written appli-cation to the regional director (compli-ance), for transmittal to the Director.The application shall specifically de-scribe the proposed alternate methodor procedure and shall set forth thereasons for it. Alternate methods orprocedures may not be employed untilthe application is approved by the Di-rector. The permittee or licensee shall,during the period of authorization ofan alternate method or procedure,comply with the terms of the approvedapplication. Authorization of any al-ternate method or procedure may bewithdrawn whenever, in the judgmentof the Director, the effective adminis-tration of this part is hindered by thecontinuation of the authorization. Asused in this paragraph, alternate meth-ods or procedures include alternateconstruction or equipment.

(b) Emergency variations from require-ments. The Director may approve con-struction, equipment, and methods ofoperation other than as specified inthis part, where he finds that an emer-gency exists and the proposed vari-ations from the specified requirementsare necessary and the proposed vari-ations:

(1) Will afford security and protec-tion that are substantially equivalentto those prescribed in this part;

(2) Will not hinder the effective ad-ministration of this part; and

(3) Will not be contrary to any provi-sions of law.Variations from requirements grantedunder this paragraph are conditionedon compliance with the procedures,conditions, and limitations set forth inthe approval of the application. Failure


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27 CFR Ch. I (4–1–98 Edition)§ 55.23

to comply in good faith with the proce-dures, conditions, and limitations shallautomatically terminate the authorityfor the variations and the licensee orpermittee shall fully comply with theprescribed requirements of regulationsfrom which the variations were author-ized. Authority for any variation maybe withdrawn whenever, in the judg-ment of the Director, the effective ad-ministration of this part is hindered bythe continuation of the variation.Where the licensee or permittee desiresto employ an emergency variation, heshall submit a written application tothe regional director (compliance) fortransmittal to the Director. The appli-cation shall describe the proposed vari-ation and set forth the reasons for it.Variations may not be employed untilthe application is approved, exceptwhen the emergency requires imme-diate action to correct a situation thatis threatening to life or property. Cor-rective action may then be taken con-current with the filing of the applica-tion and notification of the Directorvia telephone.

(c) Retention of approved variations.The licensee or permittee shall retain,as part of his records available for ex-amination by ATF officers, any appli-cation approved by the Director underthis section.

§ 55.23 List of explosive materials.

The Director shall compile a list ofexplosive materials, which shall bepublished and revised at least annuallyin the FEDERAL REGISTER. The ‘‘List ofExplosive Materials’’ (AFT Publication5400.8) is available at no cost upon re-quest from the ATF Distribution Cen-ter, 7943 Angus Court, Springfield, Vir-ginia 22153.

[T.D. ATF–290, 54 FR 53054, Dec. 27, 1989]

§ 55.24 Right of entry and examina-tion.

Any ATF officer may enter duringbusiness hours the premises, includingplaces of storage, of any licensee orpermittee for the purpose of inspectingor examining any records or documentsrequired to be kept under this part, andany explosive materials kept or storedat the premises.

§ 55.25 Disclosure of information.Upon receipt of written request from

any State or any political subdivisionof a State, the regional director (com-pliance) may make available to theState or politicial subdivision any in-formation which the regional director(compliance) may obtain under the Actwith respect to the identification ofpersons within the State or politicalsubdivision, who have purchased or re-ceived explosive materials, togetherwith a description of the explosive ma-terials.

§ 55.26 Prohibited shipment, transpor-tation, receipt, possession, or dis-tribution of explosive materials.

(a) No person, other than a licenseeor permittee, shall transport, ship,cause to be transported, or receive ininterstate or foreign commerce any ex-plosive materials. This paragraph doesnot apply to:

(1) The transportation, shipment, orreceipt of explosive materials by a non-licensed person or nonpermittee wholawfully purchases explosive materialsfrom a licensee in a State contiguousto the purchaser’s State of residence if,(i) the purchaser’s State of residencehas enacted legislation, currently inforce, specifically authorizing a resi-dent of that State to purchase explo-sive materials in a contiguous State,(ii) the provisions of § 55.105(c) are fullycomplied with, and (iii) the purchaseris not otherwise prohibited under para-graph (b) of this section from shippingor transporting explosive materials ininterstate or foreign commerce or re-ceiving explosive materials which havebeen shipped or transported in inter-state or foreign commerce; or

(2) The lawful purchase by a non-licensee or nonpermittee of commer-cially manufactured black powder inquantities not to exceed 50 pounds, ifthe black powder is intended to be usedsolely for sporting, recreational, or cul-tural purposes in antique firearms asdefined in 18 U.S.C. 921(a)(16), or in an-tique devices as exempted from theterm ‘‘destructive device’’ in 18 U.S.C.921(a)(4).

(b) No person may ship or transportany explosive material in interstate orforeign commerce or receive or possessany explosive materials which have


721


been shipped or transported in inter-state or foreign commerce who:

(1) Is under indictment or informa-tion for, or who has been convicted inany court of, a crime punishable by im-prisonment for a term exceeding oneyear,

(2) Is a fugitive from justice,(3) Is an unlawful user of or addicted

to marijuana, or any depressant orstimulant drug, or narcotic drug (asthese terms are defined in the Con-trolled Substances Act; 21 U.S.C. 802),or

(4) Has been adjudicated as a mentaldefective or has been committed to amental institution.

(c) No person shall knowingly distrib-ute explosive materials to any individ-ual who:

(1) Is under twenty-one years of age,(2) Is under indictment or informa-

tion for, or who has been convicted inany court of, a crime punishable by im-prisonment for a term exceeding oneyear,

(3) Is a fugitive from justice,(4) Is an unlawful user of or addicted

to marijuana, or any depressant orstimulant drug, or narcotic drug (asthese terms are defined in the Con-trolled Substances Act; 21 U.S.C. 802),or

(5) Has been adjudicated as a mentaldefective or has been committed to amental institution.

(d) See § 55.180 for regulations con-cerning the prohibited manufacture,importation, exportation, shipment,transportation, receipt, transfer, orpossession of plastic explosives that donot contain a detection agent.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–293, 55 FR 3721, Feb. 5,1990; T.D. ATF–363, 60 FR 17449, Apr. 6, 1995;T.D. ATF–387, 62 FR 8376, Feb. 25, 1997]

§ 55.27 Out-of-State disposition of ex-plosive materials.

No nonlicensee or nonpermittee shalldistribute any explosive materials toany other nonlicensee or nonpermitteewho the distributor knows or has rea-sonable cause to believe does not residein the State in which the distributorresides.

§ 55.28 Stolen explosive materials.No person shall receive, conceal,

transport, ship, store, barter, sell, ordispose of any stolen explosive mate-rials knowing or having reasonablecause to believe that the explosive ma-terials were stolen.

§ 55.29 Unlawful storage.No person shall store any explosive

materials in a manner not in conform-ity with this part.

§ 55.30 Reporting theft or loss of explo-sive materials.

(a) Any licensee or permittee who hasknowledge of the theft or loss of anyexplosive materials from his stockshall, within 24 hours of discovery, re-port the theft or loss by telephoning800–424–9555 (nationwide toll free num-ber) and on ATF F 5400.5 (formerlyForm 4712) in accordance with the in-structions on the form. Theft or loss ofany explosive materials shall also bereported to appropriate local authori-ties.

(b) Any other person, except a carrierof explosive materials, who has knowl-edge of the theft or loss of any explo-sive materials from his stock shall,within 24 hours of discovery, report thetheft or loss by telephoning 800–424–9555(nationwide toll free number) and inwriting to the nearest ATF office.Theft or loss shall be reported to ap-propriate local authorities.

(c) Reports of theft or loss of explo-sive materials under paragraphs (a) and(b) of this section must include the fol-lowing 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, blastingagents, detonators, etc.).

(5) Size (length and diameter).(d) A carrier of explosive materials

who has knowledge of the theft or lossof any explosive materials shall, within24 hours of discovery, report the theftor loss by telephoning 800–424–9555 (na-tionwide toll free number). Theft orloss shall also be reported to appro-priate local authorities. Reports oftheft or loss of explosive materials by


722

27 CFR Ch. I (4–1–98 Edition)§ 55.31

carriers shall include the following in-formation, 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 ex-plosives, or nitro-carbo-nitrates, asclassified by the U.S. Department ofTransportation in the Hazardous Mate-rials Table).

§ 55.31 Inspection of site accidents orfires; right of entry.

Any ATF officer may inspect the siteof any accident or fire in which there isreason to believe that explosive mate-rials were involved. Any ATF officermay enter into or upon any propertywhere explosive materials have beenused, are suspected of having beenused, or have been found in an other-wise unauthorized location.

§ 55.32 Special explosive devices.The Director may exempt certain ex-

plosive actuated devices, explosive ac-tuated tools, or similar devices fromthe requirements of this part. A personwho desires to obtain an exemptionunder this section for any special ex-plosive device, which as designed doesnot constitute a public safety or secu-rity hazard, shall submit a written re-quest to the Director. Each requestshall be executed under the penalties ofperjury and contain a complete and ac-curate description of the device, thename and address of the manufactureror importer, the purpose of and use forwhich it is intended, and any photo-graphs, diagrams, or drawings as maybe necessary to enable the Director tomake a determination. The Directormay require that a sample of the de-vice be submitted for examination andevaluation. If it is not possible to sub-mit the device, the person requestingthe exemption shall advise the Directorand designate the place where the de-vice will be available for examinationand evaluation.

Subpart D—Licenses and Permits§ 55.41 General.

(a) Each person intending to engagein business as an importer or manufac-turer of, or a dealer in, explosive mate-

rials, including black powder, shall, be-fore commencing business, obtain thelicense required by this subpart for thebusiness to be operated. Each personwho intends to acquire for use explo-sive materials from a licensee in aState other than the State in which heresides, or from a foreign country, orwho intends to transport explosive ma-terials in interstate or foreign com-merce, shall obtain a permit under thissubpart; except that it is not necessaryto obtain a permit if the user intendsto lawfully purchase:

(1) Explosive materials from a li-censee in a State contiguous to theuser’s State of residence and the user’sState of residence has enacted legisla-tion, currently in force, specifically au-thorizing a resident of that State topurchase explosive materials in a con-tiguous State, or

(2) Commercially manufacturedblack powder in quantities not to ex-ceed 50 pounds, intended to be usedsolely for sporting, recreational, or cul-tural purposes in antique firearms or inantique devices.

(b) Each person intending to engagein business as an explosive materialsimporter, manufacturer, or dealer shallfile an application, with the requiredfee (see § 55.42), with ATF in accordancewith the instructions on the form (see§ 55.45). A license shall, subject to law,entitle the licensee to transport, ship,and receive explosive materials ininterstate or foreign commerce, and toengage in the business specified by thelicense, at the location described onthe license. A separate license must beobtained for each business premises atwhich the applicant is to manufacture,import, or distribute explosive mate-rials except under the following cir-cumstances:

(1) A separate license shall not be re-quired for storage facilities operatedby the licensee as an integral part ofone business premises or to cover a lo-cation used by the licensee solely formaintaining the records required bythis part.

(2) A separate license shall not be re-quired of a licensed manufacturer withrespect to his on-site manufacturingwithin the same region.


723


(3) It shall not be necessary for a li-censed importer or a licensed manufac-turer (for purposes of sale or distribu-tion) to also obtain a dealer’s license inorder to engage in business on his li-censed premises as a dealer in explo-sive materials.

(4) A separate license shall not be re-quired of licensed manufacturers withrespect to their on-site manufacture oftheatrical flash powder.

(c) Except as provided in paragraph(a) of this section, each person intend-ing to acquire explosive materials froma licensee in a State other than a Statein which he resides, or from a foreigncountry, or who intends to transportexplosive materials in interstate orforeign commerce, shall file an applica-tion, with the required fee (see § 55.43),with ATF in accordance with the in-structions on the form (see § 55.45). Apermit shall, subject to law, entitle thepermittee to acquire, transport, ship,and receive in interstate or foreigncommerce explosive materials of theclass authorized by this permit. Onlyone permit is required under this part.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82Stat. 1226))

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–200, 50 FR 10497, Mar.15, 1985; T.D. ATF–314, 56 FR 49140, Sept. 27,1991]

§ 55.42 License fees.

(a) Each applicant shall pay a fee forobtaining a license, a separate feebeing required for each business prem-ises, as follows:

(1) Manufacturer—$50.(2) Manufacturer-limited (nonrenew-

able)—$5.(3) Importer—$50.(4) Dealer—$20.(b) Each applicant for a renewal of a

license shall pay a fee for a three yearlicense as follows:

(1) Manufacturer—$25.(2) Importer—$25.(3) Dealer—$10.

§ 55.43 Permit fees.

(a) Each applicant shall pay a fee forobtaining a permit as follows:

(1) User—$20.(2) User-limited (nonrenewable)—$2.

(b) Each applicant for a renewal of auser permit shall pay a fee of $10 for athree year permit.

§ 55.44 License or permit fee not re-fundable.

No refund of any part of the amountpaid as a license or permit fee will bemade where the operations of the li-censee or permittee are, for any reason,discontinued during the period of anissued license or permit. However, thelicense or permit fee submitted with anapplication for a license or permit willbe refunded if that application is de-nied, withdrawn, or abandoned, or if alicense is cancelled subsequent to hav-ing been issued through administrativeerror.

§ 55.45 Original license or permit.(a) Any person who intends to engage

in business as an explosive materialsimporter, manufacturer, or dealer, orwho has not timely submitted applica-tion for renewal of a previous licenseissued under this part, shall file withATF an application for License, Explo-sives, ATF F 5400.13 with ATF in ac-cordance with the instructions on theform. The application must be exe-cuted under the penalties of perjuryand the penalties imposed by 18 U.S.C.844(a). The application is to be accom-panied by the appropriate fee in theform of a money order or check madepayable to the Bureau of Alcohol, To-bacco and Firearms. ATF F 5400.13 maybe obtained from any ATF office.

(b) Any person, except as provided in§ 55.41(a), who intends to acquire explo-sive materials from a licensee in astate other than the State in whichthat person resides, or from a foreigncountry, or who intends to transportexplosive materials in interstate orforeign commerce, or who has nottimely submitted application for re-newal of a previous permit issued underthis part, shall file an application forPermit, Explosives, ATF F 5400.16 withATF in accordance with the instruc-tions on the form. The applicationmust be executed under the penaltiesof perjury and the penalties imposed by18 U.S.C. 844(a). The application is tobe accompanied by the appropriate feein the form of a money order or checkmade payable to the Bureau of Alcohol,


724

27 CFR Ch. I (4–1–98 Edition)§ 55.46

Tobacco and Firearms. ATF F 5400.16may be obtained from any ATF office.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82Stat. 1226))

[T.D. T.D. ATF–200, 50 FR 10497, Mar. 15, 1985]

§ 55.46 Renewal of license or permit.(a) If a licensee or permittee intends

to continue the business or operationdescribed on a license or permit issuedunder this part after the expirationdate of the license or permit, he shall,unless otherwise notified in writing bythe Chief, Firearms and Explosives Li-censing Center, execute and file priorto the expiration of his license or per-mit an application for license renewal,ATF F 5400.14 (Part III), or an applica-tion for permit renewal, ATF F 5400.15(Part III), accompanied by the requiredfee, with ATF in accordance with theinstructions on the form. In the eventthe licensee or permittee does nottimely file a renewal application, heshall file an original application as re-quired by § 55.45, and obtain the re-quired license or permit in order tocontinue business or operations.

(b) A license issued to a manufac-turer-limited is not renewable and isonly valid for 30 days from the date ofissuance. A user-limited permit is notrenewable and is valid for a single pur-chase transaction. All applications formanufacturer-limited licenses or user-limited permits must be filed on ATF F5400.13 or ATF F 5400.16, as required by§ 55.45.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82Stat. 1226))

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–200, 50 FR 10497, Mar.15, 1985; T.D. ATF–290, 54 FR 53054, Dec. 27,1989]

§ 55.47 Insufficient fee.If an application is filed with an in-

sufficient fee, the application and feesubmitted will be returned to the appli-cant.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82Stat. 1226))

[T.D. ATF–200, 50 FR 10498, Mar. 15, 1985]

§ 55.48 Abandoned application.Upon receipt of an incomplete or im-

properly executed application, the ap-

plicant will be notified of the defi-ciency in the application. If the appli-cation is not corrected and returnedwithin 30 days following the date of no-tification, the application will be con-sidered as having been abandoned andthe license or permit fee returned.

§ 55.49 Issuance of license or permit.

(a) The Chief, Firearms and Explo-sives Licensing Center, shall issue a li-cense or permit if (1) a properly exe-cuted application for the license or per-mit is received, and (2) through furtherinquiry or investigation, or otherwise,it is found that the applicant is enti-tled to the license or permit. The li-cense or permit and one copy will beforwarded to the applicant, except thatin the case of a user-limited permit,the original only shall be issued. Eachlicense or permit will bear a serialnumber and this number may be as-signed to the licensee or permittee towhom issued for as long as he main-tains continuity of renewal in the sameregion.

(b) The Chief, Firearms and Explo-sives Licensing Center, shall approve aproperly executed application for a li-cense or permit, if:

(1) The applicant is 21 years of age orover;

(2) The applicant (including, in thecase of a corporation, partnership, orassociation, any individual possessing,directly or indirectly, the power to di-rect or cause the direction of the man-agement and policies of the corpora-tion, partnership, or association) is nota person to whom distribution of explo-sive materials is prohibited under theAct;

(3) The applicant has not willfullyviolated any provisions of the Act orthis part;

(4) The applicant has not knowinglywithheld information or has not madeany false or fictitious statement in-tended or likely to deceive, in connec-tion with his application;

(5) The applicant has in a State,premises from which he conducts busi-ness or operations subject to license orpermit under the Act or from which heintends to conduct business or oper-ations;


725


(6) The applicant has storage for theclass (as described in § 55.202) of explo-sive materials described on the applica-tion, unless he establishes to the satis-faction of the Chief, Firearms and Ex-plosives Licensing Center that thebusiness or operations to be conductedwill not require the storage of explo-sive materials.

(7) The applicant has certified inwriting that he is familiar with and un-derstands all published State laws andlocal ordinances relating to explosivematerials for the location in which heintends to do business; and

(8) The applicant for a license hassubmitted the certificate required bysection 21 of the Federal Water Pollu-tion Control Act, as amended (33 U.S.C.1341).

(c) The Chief, Firearms and Explo-sives Licensing Center, shall approveor the regional director (compliance)shall deny any application for a licenseor permit within the 45-day period be-ginning on the date a properly exe-cuted application was received. How-ever, when an applicant for license orpermit renewal is a person who is,under the provisions of § 55.83 or § 55.142,conducting business or operationsunder a previously issued license orpermit, action regarding the applica-tion will be held in abeyance pendingthe completion of the proceedingsagainst the applicant’s existing licenseor permit, or renewal application, orfinal action by the Director on an ap-plication for relief submitted under§ 55.142, as the case may be.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82Stat. 1226))

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–200, 50 FR 10498, Mar.15, 1985; T.D. ATF–290, 54 FR 53054, Dec. 27,1989; T.D. ATF–387, 62 FR 8376, Feb. 25, 1997]

§ 55.50 Correction of error on licenseor permit.

(a) Upon receipt of a license or per-mit issued under this part, each li-censee or permittee shall examine thelicense or permit to insure that the in-formation on it is accurate. If the li-cense or permit is incorrect, the li-censee or permittee shall return the li-cense or permit to the Chief, Firearmsand Explosives Licensing Center, with

a statement showing the nature of theerror. The Chief, Firearms and Explo-sives Licensing Center, shall correctthe error, if the error was made in hisoffice, and return the license or permit.However, if the error resulted from in-formation contained in the licensee’sor permittee’s application for the li-cense or permit, the Chief, Firearmsand Explosives Licensing Center, shallrequire the licensee or permittee to filean amended application setting forththe correct information and a state-ment explaining the error contained inthe application. Upon receipt of theamended application and a satisfactoryexplanation of the error, the Chief,Firearms and Explosives LicensingCenter, shall make the correction onthe license or permit and return it tothe licensee or permittee.

(b) When the Chief, Firearms and Ex-plosives Licensing Center, findsthrough any means other than noticefrom the licensee or permittee that anincorrect license or permit has beenissued, (1) the Chief, Firearms and Ex-plosives Licensing Center, may requirethe holder of the incorrect license orpermit to return the license or permitfor correction, and (2) if the error re-sulted from information contained inthe licensee’s or permittee’s applica-tion for the license or permit, theChief, Firearms and Explosives Licens-ing Center, shall require the licensee orpermittee to file an amended applica-tion setting forth the correct informa-tion, and a statement satisfactorily ex-plaining the error contained in the ap-plication. The Chief, Firearms and Ex-plosives Licensing Center, then shallmake the correction on the license orpermit and return it to the licensee orpermittee.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–290, 54 FR 53054, Dec.27, 1989]

§ 55.51 Duration of license or permit.

An original license or permit isissued for a period of one year. A re-newal license or permit is issued for aperiod of three years. However, a man-ufacturer-limited license is issued for aperiod of 30 days and a user-limitedpermit is valid only for a single pur-chase transaction.


726

27 CFR Ch. I (4–1–98 Edition)§ 55.52

§ 55.52 Limitations on license or per-mit.

(a) The license covers the businessand class (as described in § 55.202) of ex-plosive materials specified in the li-cense at the licensee’s business prem-ises (see § 55.41(b)).

(b) The permit is valid with respectto the type of operations and class (asdescribed in § 55.202) of explosive mate-rials specified in the permit.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–387, 62 FR 8376, Feb.25, 1997]

§ 55.53 License and permit not trans-ferable.

Licenses and permits issued underthis part are not transferable to an-other person. In the event of the lease,sale, or other transfer of the businessor operations covered by the license orpermit, the successor must obtain thelicense or permit required by this partbefore commencing business or oper-ations. However, for rules on right ofsuccession, see § 55.59.

§ 55.54 Change of address.During the term of a license or per-

mit, a licensee or permittee may movehis business or operations to a new ad-dress at which he intends to regularlycarry on his business or operations,without procuring a new license or per-mit. However, in every case, the li-censee or permittee shall—

(a) Give notification of the new loca-tion of the business or operations tothe Chief, Firearms and Explosives Li-censing Center at least 10 days beforethe move; and

(b) Submit the license or permit tothe Chief, Firearms and Explosives Li-censing Center. The Chief, Firearmsand Explosives Licensing Center willissue an amended license or permit,which will contain the new address(and new license or permit number, ifany).


§ 55.55 Change in class of explosivematerials.

A licensee or permittee who intendsto change the class of explosive mate-

rials described in his license or permitfrom a lower to a higher classification(see § 55.202) shall file an application onATF F 5400.13 or on ATF F 5400.16 withthe Chief, Firearms and Explosives Li-censing Center, for an amended licenseor permit. If the change in class of ex-plosive materials would require achange in magazines, the amended ap-plication must include a description ofthe type of construction as prescribedin this part. Business or operationswith respect to the new class of explo-sive materials may not be commencedbefore issuance of the amended licenseor amended permit. Upon receipt of theamended license or amended permit,the licensee or permittee shall submithis superseded license or supersededpermit and any copies furnished withthe license or permit to the Chief, Fire-arms and Explosives Licensing Center.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–290, 54 FR 53054, Dec.27, 1989; T.D. ATF–387, 62 FR 8376, Feb. 25,1997]

§ 55.56 Change in trade name.A licensee or permittee continuing to

conduct business or operations at thelocation shown on his license or permitis not required to obtain a new licenseor permit by reason of a mere changein trade name under which he conductshis business or operations. However,the licensee or permittee shall furnishhis license or permit and any copiesfurnished with the license or permit forendorsement of the change to theChief, Firearms and Explosives Licens-ing Center, within 30 days from thedate the licensee or permittee beginshis business or operations under thenew trade name.


§ 55.57 Change of control.In the case of a corporation or asso-

ciation holding a license or permitunder this part, if actual or legal con-trol of the corporation or associationchanges, directly or indirectly, wheth-er by reason of change in stock owner-ship or control (in the corporationholding a license or permit or in anyother corporation), by operation of law,


727


or in any other manner, the licensee orpermittee shall, within 30 days of thechange, give written notification exe-cuted under the penalties of perjury, tothe Chief, Firearms and Explosives Li-censing Center. Upon expiration of thelicense or permit, the corporation orassociation shall file an ATF F 5400.13or an ATF F 5400.16 as required by§ 55.45, and pay the fee prescribed in§ 55.42(b) or § 55.43(b).


§ 55.58 Continuing partnerships.Where, under the laws of the particu-

lar State, the partnership is not termi-nated on death or insolvency of a part-ner, but continues until the winding upof the partnership affairs is completed,and the surviving partner has the ex-clusive right to the control and posses-sion of the partnership assets for thepurpose of liquidation and settlement,the surviving partner may continue toconduct the business or operationsunder the license or permit of the part-nership. If the surviving partner ac-quires the business or operations oncompletion of settlement of the part-nership, he shall obtain a license orpermit in his own name from the dateof acquisition, as provided in § 55.45.The rule set forth in this section willalso apply where there is more thanone surviving partner.

§ 55.59 Right of succession by certainpersons.

(a) Certain persons other than the li-censee or permittee may secure theright to carry on the same explosivematerials business or operations at thesame business premises for the remain-der of the term of license or permit.These persons are:

(1) The surviving spouse or child, orexecutor, administrator, or other legalrepresentative of a deceased licensee orpermittee; and

(2) A receiver or trustee in bank-ruptcy, or an assignee for benefit ofcreditors.

(b) In order to secure the right of suc-cession, the person or persons continu-ing the business or operations shallsubmit the license or permit and allcopies furnished with the license or

permit for endorsement of the succes-sion to the Chief, Firearms and Explo-sives Licensing Center, within 30 daysfrom the date on which the successorbegins to carry on the business or oper-ations.


§ 55.60 Certain continuances of busi-ness or operations.

A licensee or permittee who furnisheshis license or permit to the Chief, Fire-arms and Explosives Licensing Center,for correction, amendment, or endorse-ment, as provided in this subpart, maycontinue his business or operationswhile awaiting its return.


§ 55.61 Discontinuance of business oroperations.

Where an explosive materials busi-ness or operations is either discon-tinued or succeeded by a new owner,the owner of the business or operationsdiscontinued or succeeded shall, within30 days, furnish notification of the dis-continuance or succession and submithis license or permit and any copiesfurnished with the license or permit tothe Chief, Firearms and Explosives Li-censing Center. (See also § 55.128.)


§ 55.62 State or other law.

A license or permit issued under thispart confers no right or privilege toconduct business or operations, includ-ing storage, contrary to State or otherlaw. The holder of a license or permitissued under this part is not, by reasonof the rights and privileges granted bythat license or permit, immune frompunishment for conducting an explo-sive materials business or operations inviolation of the provisions of any Stateor other law. Similarly, compliancewith the provisions of any State orother law affords no immunity underFederal law or regulations.


728

27 CFR Ch. I (4–1–98 Edition)§ 55.63

§ 55.63 Explosives magazine changes.(a) General. (1) The requirements of

this section are applicable to maga-zines used for other than temporary(under 24 hours) storage of explosives.

(2) A magazine is considered suitablefor the storage of explosives if the con-struction requirements of this part aremet during the time explosives arestored in the magazine.

(3) A magazine is considered suitablefor the storage of explosives if posi-tioned in accordance with the applica-ble table of distances as specified inthis part during the time explosives arestored in the magazine.

(4) For the purposes of this section,notification of the regional director(compliance) may be by telephone or inwriting. However, if notification of theregional director (compliance) is inwriting it must be at least three busi-ness days in advance of makingchanges in construction to an existingmagazine or constructing a new maga-zine, and at least five business days inadvance of using any reconstructedmagazine or added magazine for thestorage of explosives.

(b) Exception. Mobile or portable type5 magazines are exempt from the re-quirements of paragraphs (c) and (d) ofthis section, but must otherwise be incompliance with paragraphs (a) (2) and(3) of this section during the time ex-plosives are stored in such magazines.

(c) Changes in magazine construction.A licensee or permittee who intends tomake changes in construction of an ex-isting magazine shall notify the re-gional director (compliance) describingthe proposed changes prior to makingany changes. Unless otherwise advisedby the regional director (compliance),changes in construction may com-mence after explosives are removedfrom the magazine. Explosives may notbe stored in a reconstructed magazinebefore the regional director (compli-ance) has been notified in accordancewith paragraph (a)(4) of this sectionthat the changes have been completed.

(d) Additional magazines. A licensee orpermittee who intends to construct oracquire additional magazines shall no-tify the regional director (compliance)in accordance with paragraph (a)(4) ofthis section describing the additionalmagazines and the class and quantity

of explosives to be stored in the maga-zine. Unless otherwise advised by theregional director (compliance), addi-tional magazines may be constructed,or acquired magazines may be used forthe storage of explosives. Explosivesmust not be stored in a magazine underconstruction. The regional director(compliance) must be notified that con-struction has been completed.

Subpart E—License and PermitProceedings

§ 55.71 Opportunity for compliance.Except in cases of willfulness or

those in which the public interest re-quires otherwise, and the regional di-rector (compliance) so alleges in thenotice of denial of an application orrevocation of a license or permit, no li-cense or permit will be revoked or re-newal application denied without firstcalling to the attention of the licenseeor permittee the reasons for the con-templated action and affording him anopportunity to demonstrate or achievecompliance with all lawful require-ments and to submit facts, arguments,or proposals of adjustment. The noticeof contemplated action, AFT F 5400.12,will afford the licensee or permittee 15days from the date of receipt of the no-tice to respond. If no response is re-ceived within the 15 days, or if afterconsideration of relevant matters pre-sented by the licensee or permittee, theregional director (compliance) findsthat the licensee or permittee is notlikely to abide by the law and regula-tions, he will proceed as provided in§ 55.74.

§ 55.72 Denial of initial application.Whenever the regional director (com-

pliance) has reason to believe that anapplicant for an original license or per-mit is not eligible to receive a licenseor permit under the provisions of§ 55.49, he shall issue a notice of denialon ATF F 5400.11. The notice will setforth the matters of fact and law reliedupon in determining that the applica-tion should be denied, and will affordthe applicant 15 days from the date ofreceipt of the notice in which to re-quest a hearing to review the denial. Ifno request for a hearing is filed withinthat time, a copy of the application,


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marked ‘‘Disapproved’’, will be re-turned to the applicant.

§ 55.73 Hearing after initial applica-tion is denied.

If the applicant for an original li-cense or permit desires a hearing, heshall file a request with the regionaldirector (compliance) within 15 daysafter receipt of the notice of denial.The request should include a statementof the reasons for a hearing. On receiptof the request, the regional director(compliance) shall refer the matter toan administrative law judge who shallset a time and place (see § 55.77) for ahearing and shall serve notice of thehearing upon the applicant and the re-gional director (compliance) at least 10days in advance of the hearing date.The hearing will be conducted in ac-cordance with the hearing proceduresprescribed in Part 200 of this chapter(see § 55.82). Within a reasonable timeafter the conclusion of the hearing, andas expeditiously as possible, the admin-istrative law judge shall render his rec-ommended decision. He shall certify tothe complete record of the proceedingsbefore him and shall immediately for-ward the complete certified record, to-gether with four copies of his rec-ommended decision, to the regional di-rector (compliance) for decision.

§ 55.74 Denial of renewal applicationor revocation of license or permit.

If following the opportunity for com-pliance under § 55.71, or without oppor-tunity for compliance under § 55.71, ascircumstances warrant, the regional di-rector (compliance) finds that the li-censee or permittee is not likely tocomply with the law or regulations oris otherwise not eligible to continueoperations authorized under his licenseor permit, the regional director (com-pliance) shall issue a notice of denial ofthe renewal application or revocationof the license or permit, ATF F 5400.11or ATF F 5400.10, as appropriate. In ei-ther case, the notice will set forth thematters of fact constituting the viola-tions specified, dates, places, and thesections of law and regulations vio-lated. The notice will, in the case ofrevocation of a license or permit, speci-fy the date on which the action is effec-tive, which date will be on or after the

date the notice is served on the li-censee or permittee. The notice willalso advise the licensee or permitteethat he may, within 15 days after re-ceipt of the notice, request a hearingand, if applicable, a stay of the effec-tive date of the revocation of his li-cense or permit.

§ 55.75 Hearing after denial of renewalapplication or revocation of licenseor permit.

If a licensee or permittee whose re-newal application has been denied orwhose license or permit has been re-voked desires a hearing, he shall file arequest for a hearing with the regionaldirector (compliance). In the case ofthe revocation of a license or permit,he may include a request for a stay ofthe effective date of the revocation. Onreceipt of the request the regional di-rector (compliance) shall advise the li-censee or permittee whether the stayof the effective date of the revocationis granted. If the stay of the effectivedate of the revocation is granted, theregional director (compliance) shallrefer the matter to an administrativelaw judge who shall set a time andplace (see § 55.77) for a hearing andshall serve notice of the hearing uponthe licensee or permittee and the re-gional director (compliance) at least 10days in advance of the hearing date. Ifthe stay of the effective date of therevocation is denied, the licensee orpermittee may request an immediatehearing. In this event, the regional di-rector (compliance) shall immediatelyrefer the matter to an administrativelaw judge who shall set a date andplace for a hearing, which date shall beno later than 10 days from the date thelicensee or permittee requested an im-mediate hearing. The hearing will beheld in accordance with the applicableprovisions of Part 200 of this chapter.Within a reasonable time after the con-clusion of the hearing, and as expedi-tiously as possible, the administrativelaw judge shall render his decision. Heshall certify to the complete record ofthe proceeding before him and shallimmediately forward the complete cer-tified record, together with two copiesof his decision, to the regional director(compliance), serve one copy of his de-cision on the licensee or permittee or


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27 CFR Ch. I (4–1–98 Edition)§ 55.76

his counsel, and transmit a copy to theattorney for the Government.

§ 55.76 Action by regional director(compliance).

(a) Initial application proceedings. If,upon receipt of the record and the rec-ommended decision of the administra-tive law judge, the regional director(compliance) decides that the licenseor permit should be issued, the regionaldirector (compliance) shall cause theapplication to be approved, brieflystating, for the record, his reasons. Ifhe contemplates that the denial shouldstand, he shall serve a copy of the ad-ministrative law judge’s recommendeddecision on the applicant, informingthe applicant of his contemplated ac-tion and affording the applicant notmore than 10 days in which to submitproposed findings and conclusions orexceptions to the recommended deci-sion with supporting reasons. If the re-gional director (compliance), after con-sideration of the record of the hearingand of any proposed findings, conclu-sions, or exceptions filed with him bythe applicant, approves the findings,conclusions and recommended decisionof the administrative law judge, the re-gional director (compliance) shallcause the license or permit to be issuedor disapproved the application accord-ingly. If he disapproves the findings,conclusions, and recommendation ofthe administrative law judge, in wholeor in part, he shall by order make suchfindings and conclusions as in his opin-ion are warranted by the law and thefacts in the record. Any decision of theregional director (compliance) orderingthe disapproval of an initial applica-tion for a license or permit shall statethe findings and conclusions uponwhich it is based, including his rulingupon each proposed finding, conclusion,and exception to the administrativelaw judge’s recommended decision, to-gether with a statement of his findingsand conclusions, and reasons or basisfor his findings and conclusions, uponall material issues of fact, law or dis-cretion presented on the record. Asigned duplicate original of the deci-sion will be served upon the applicantand the original copy containing cer-tificate of service will be placed in theofficial record of the proceedings. If the

decision of the regional director (com-pliance) is in favor of the applicant, heshall issue the license or permit, to beeffective on issuance.

(b) Renewal application and revocationproceedings. Upon receipt of the com-plete certified records of the hearing,the regional director (compliance)shall enter an order confirming therevocation of the license or permit, ordisapproving the application, in ac-cordance with the administrative lawjudge’s findings and decision, unless hedisagrees with the findings and deci-sion. A signed duplicate original of theorder, ATF F 5400.9, will be served uponthe licensee or permittee and the origi-nal copy containing certificate of serv-ice will be placed in the official recordof the proceedings. If the regional di-rector (compliance) disagrees with thefindings and decision of the adminis-trative law judge, he shall file a peti-tion with the Director for review of thefindings and decision, as provided in§ 55.79. In either case, if the renewal ap-plication denial is sustained, a copy ofthe application marked ‘‘Disapproved’’will be returned to the applicant. If therenewal application denial is reversed,a license or permit will be issued to be-come effective on expiration of the li-cense or permit being renewed, or onthe date of issuance, whichever is later.If the proceedings involve the revoca-tion of a license or permit which ex-pired before a decision is in favor of thelicensee or permittee, the regional di-rector (compliance) shall:

(1) If renewal application was timelyfiled and a stay of the effective date ofthe revocation was granted, cause to beissued a license or permit effective onthe date of issuance;

(2) If renewal application was nottimely filed but a stay of the effectivedate of the revocation had been grant-ed, request that a renewal applicationbe filed and, following that, cause to beissued a license or permit to be effec-tive on issuance; or

(3) If a stay of the effective date ofthe revocation had not been granted,request that an application be filed asprovided in § 55.45, and process it in thesame manner as for an application foran original license or permit.


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(c) Curtailment of stay of revocation ef-fective date. If, after approval of a re-quest for a stay of the effective date ofan order revoking a license or permitbut before actions are completed underthis subpart, the regional director(compliance) finds that it is contraryto the public interest for the licenseeor permittee to continue the oper-ations or activities covered by his li-cense or permit, the regional director(compliance) may issue a notice ofwithdrawal of the approval, effectiveon the date of issuance. Notice of with-drawal will be served upon the licenseeor permittee in the manner provided in§ 55.81.


§ 55.77 Designated place of hearing.The designated place of hearing set

as provided in § 55.73 or § 55.75, will beat the location convenient to the ag-grieved party.

§ 55.78 Representation at a hearing.An applicant, licensee, or permittee

may be represented by an attorney,certified public accountant, or otherperson recognized to practice beforethe Bureau of Alcohol, Tobacco andFirearms as provided in 31 CFR Part 8,if he has otherwise complied with theapplicable requirements of of 26 CFR601.521 through 601.527. The regional di-rector (compliance) shall be rep-resented in proceedings under §§ 55.73and 55.75 by an attorney in the office ofthe chief counsel or regional counselwho is authorized to execute and filemotions, briefs, and other papers in theproceedings, on behalf of the regionaldirector (compliance), in his own nameas ‘‘Attorney for the Government’’.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–92, 46 FR 46916, Sept.23, 1981]

§ 55.79 Appeal on petition to the Direc-tor.

An appeal to the Director is not re-quired prior to filing an appeal withthe U.S. Court of Appeals for judicialreview. An appeal may be taken by theapplicant, licensee, or permittee to theDirector from a decision resulting froma hearing under § 55.73 or § 55.75. An ap-

peal may also be taken by a regionaldirector (compliance) from a decisionresulting from a hearing under § 55.75as provided in § 55.76(b). The appealshall be taken by filing a petition forreview on appeal with the Directorwithin 15 days of the service of an ad-ministrative law judge’s decision or anorder. The petition will set forth factstending to show (a) action of an arbi-trary nature, (b) action without rea-sonable warrant in fact, or (c) actioncontrary to law and regulations. Acopy of the petition will be filed withthe regional director (compliance) orserved on the applicant, licensee, orpermittee, as the case may be. In theevent of appeal, the regional director(compliance) shall immediately for-ward the complete original record, bycertified mail, to the Director for hisconsideration, review, and dispositionas provided in subpart I of part 200 ofthis chapter. When, on appeal, the Di-rector affirms the initial decision ofthe regional director (compliance) orthe administrative law judge, as thecase may be, the initial decision will befinal.

§ 55.80 Court review.An applicant, licensee, or permittee

may, within 60 days after receipt of thedecision of the administrative lawjudge or the final order of the regionaldirector (compliance) or the Director,file a petition for a judicial review ofthe decision, with the U.S. Court of Ap-peals for the district in which he re-sides or has his principal place of busi-ness. The Director, upon notificationthat a petition has been filed, shallhave prepared a complete transcript ofthe record of the proceedings. The re-gional director (compliance) or the Di-rector, as the case may be, shall certifyto the correctness of the transcript ofthe record, forward one copy to the at-torney for the Government in the re-view of the case, and file the originalrecord of the proceedings with theoriginal certificate in the U.S. Court ofAppeals.

§ 55.81 Service on applicant, licensee,or permittee.

All notices and other formal docu-ments required to be served on an ap-plicant, licensee, or permittee under


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27 CFR Ch. I (4–1–98 Edition)§ 55.82

this subpart will be served by certifiedmail or by personal delivery. Whereservice is by personal delivery, thesigned duplicate original copy of theformal document will be delivered tothe applicant, licensee, or permittee,or, in the case of a corporation, part-nership, or association, by delivering itto an officer, manager, or generalagent, or to its attorney of record.

§ 55.82 Provisions of Part 200 made ap-plicable.

The provisions of subpart G of part200 of this chapter, as well as those pro-visions of part 200 relative to failure toappear, withdrawal of an application orsurrender of a permit, the conduct ofhearings before an administrative lawjudge, and record of testimony, arehereby made applicable to application,license, and permit proceedings underthis subpart to the extent that they arenot contrary to or incompatible withthis subpart.

§ 55.83 Operations by licensees or per-mittees after notice of denial or rev-ocation.

In any case where a notice of revoca-tion has been issued and a request for astay of the effective date of the revoca-tion has not been granted, the licenseeor permittee shall not engage in the ac-tivities covered by the license or per-mit pending the outcome of proceed-ings under this subpart. In any casewhere notice of revocation has beenissued but a stay of the effective dateof the revocation has been granted, thelicensee or permittee may continue toengage in the activities covered by hislicense or permit unless, or until, for-mally notified to the contrary: Pro-vided, That in the event the license orpermit would have expired before pro-ceedings under this subpart are com-pleted, timely renewal applicationmust have been filed to continue the li-cense or permit beyond its expirationdate. In any case where a notice of de-nial of a renewal application has beenissued, the licensee or permittee maycontinue to engage in the activitiescovered by the existing license or per-mit after the date of expiration of thelicense or permit until proceedingsunder this subpart are completed.

Subpart F—Conduct of Business orOperations

§ 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 inspec-tion on the business premises at eachplace where explosive materials aremanufactured, imported, or distrib-uted.

§ 55.102 Authorized operations by per-mittees and certain licensees.

(a) In general. The license issued to amanufacturer-limited does not author-ize that licensee to engage in anotherclass of business required to be licensedunder the Act or this part. Therefore, ifa licensed manufacturer-limited in-tends to manufacture explosive mate-rials for purposes of sale or distribu-tion or to deal in explosive materials,he shall qualify for the appropriate li-cense. Similarly, a permit issued underthis part does not authorize the per-mittee to engage in the business ofmanufacturing, importing, or dealingin explosive materials. Accordingly, ifa permittee’s operations bring himwithin the definition of a manufac-turer, importer, or dealer under thispart, he shall qualify for the appro-priate license.

(b) Distributions of surplus stocks. Li-censed manufacturers-limited and per-mittees are not authorized to engage inthe business of sale or distribution ofexplosive materials. However, these li-censees or permittees may dispose ofsurplus stocks of explosive materials toother licensees or permittees in accord-ance with § 55.103, and to nonlicenseesor to nonpermittees in accordance with§ 55.105(d).

§ 55.103 Transactions among licensees/permittees.

(a) General. (1) A licensed importer,licensed manufacturer or licensed deal-er selling or otherwise distributing ex-plosive materials (or a permittee or alicensed manufacturer-limited dispos-ing of surplus stock to another licenseeor permittee) who has the certified in-formation required by this section maysell or distribute explosive materials toa licensee or permittee for not morethan 45 days following the expiration


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date of the distributee’s license or per-mit, unless the distributor knows orhas reason to believe that thedistributee’s authority to continuebusiness or operations under this parthas been terminated.

(2) A licensed importer, licensedmanufacturer or licensed dealer sellingor otherwise distributing explosive ma-terials (or a permittee or a licensedmanufacturer-limited disposing of sur-plus stock to another licensee or per-mittee) shall verify the license or per-mit status of the distributee prior tothe release of explosive materials or-dered, as required by this section.

(3) Licensees or permittees desiringto return explosive materials to a li-censed manufacturer may do so with-out obtaining a certified copy of themanufacturer’s license.

(4) Where possession of explosive ma-terials is transferred at the distribu-tor’s premises, the distributor shall inall instances verify the identity of theperson accepting possession on behalfof the distributee before relinquishingpossession. Before the delivery at thedistributor’s premises of explosive ma-terials to an employee of a licensee orpermittee, or to an employee of a car-rier transporting explosive materialsto a licensee or permittee, the distribu-tor delivering explosive materials shallobtain an executed ATF F 5400.8 fromthe employee before releasing the ex-plosive materials. The ATF F 5400.8must contain all of the information re-quired on the form and required by thispart.

Example 1. An ATF F 5400.8 is requiredwhen:

a. An employee of the purchaser takes pos-session at the distributor’s premises.

b. An employee of a carrier hired by thepurchaser takes possession at the distribu-tor’s premises.

Example 2. An ATF F 5400.8 is not requiredwhen:

a. An employee of the distributor takespossession of the explosives for the purposeof transport to the purchaser.

b. An employee of a carrier hired by thedistributor takes possession of the explosivesfor the purpose of transport to the purchaser.

(b) License/permit verification of indi-viduals. (1) The distributee shall fur-nish a certified copy (or, in the case ofa user-limited, the original) of the li-cense or permit. The certified copy

need be furnished only once during thecurrent term of the license or permit.Also, a licensee need not furnish cer-tified copies of licenses to other li-censed locations operated by such li-censee.

(2) The distributor may obtain anyadditional verification as the distribu-tor deems necessary.

(c) License/permit verification of busi-ness organizations. (1) A business orga-nization may (in lieu of furnishing acertified copy of a license) furnish thedistributor a certified list which con-tains the name, address, license num-ber and date of license expiration ofeach licensed location. The certifiedlist need be furnished only once duringthe current term of the license or per-mit. Also, a business organization neednot furnish a certified list to other li-censed locations operated by such busi-ness organization.

(2) A business organization shall,prior to ordering explosive materials,furnish the licensee or permittee a cur-rent certified list of the representa-tives or agents authorized to order ex-plosive materials on behalf of the busi-ness organization showing the name,address, and date and place of birth ofeach representative or agent. A li-censee or permittee shall not distributeexplosive materials to a business orga-nization on the order of a person whodoes not appear on the certified list ofrepresentatives or agents and, if theperson does appear on the certified list,the licensee or permittee shall verifythe identity of such person.

(d) Licensee/permittee certified state-ment. (1) A licensee or permittee order-ing explosive materials from anotherlicensee or permittee shall furnish acurrent, certified statement of the in-tended use of the explosive materials;e.g., resale, mining, quarrying, agri-culture, construction, road building,oil well drilling, seismographic re-search, to the distributor.

(2) For individuals, the certifiedstatement of intended use must specifythe name, address, date and place ofbirth, and social security number ofthe distributee.

(3) For business organizations, thecertified statement of intended use


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27 CFR Ch. I (4–1–98 Edition)§ 55.104

must specify the taxpayer identifica-tion number, the identity and the prin-cipal and local places of business.

(4) The licensee or permittee pur-chasing explosive materials need revisethe furnished copy of the certifiedstatement only when the informationis no longer current.

(e) User-limited permit transactions. Auser-limited permit issued under theprovisions of this part is valid for onlya single purchase transaction and isnot renewable (see § 55.51). Accordingly,at the time a user-limited permitteeorders explosive materials, the licenseddistributor shall write on the front ofthe user-limited permit the transactiondate, his signature, and the distribu-tor’s license number prior to returningthe permit to the user-limited permit-tee.

§ 55.104 Certified copy of license orpermit.

Except as provided in § 55.49(a), eachperson issued a license or permit underthis part shall be furnished togetherwith his license or permit a copy forhis certification. If a person desires anadditional copy of his license or permitfor certification and for use under§ 55.103, he shall:

(a) Make a reproduction of the copyof his license or permit and execute thecertification on it;

(b) Make a reproduction of his licenseor permit, enter on the reproductionthe statement: ‘‘I certify that this is atrue copy of a (insert the word license orpermit) issued to me to engage in thespecified business or operations’’, andsign his name next to the statement; or

(c) Submit a request, in writing, forcertified copies of his license or permitto the Chief, Firearms and ExplosivesLicensing Center. The request willshow the name, trade name (if any),and address of the licensee or permit-tee and the number of copies of the li-cense or permit desired. There is a feeof $1 for each copy of a license or per-mit issued by the Chief, Firearms andExplosives Licensing Center under thisparagraph. Fee payment must accom-pany each request for additional copiesof a license or permit. The fee must bepaid by (1) cash, or (2) money order or

check made payable to the Bureau ofAlcohol, Tobacco and Firearms.


§ 55.105 Distributions to nonlicenseesand nonpermittees.

(a) This section will apply in anycase where distribution of explosivematerials to the distributee is not oth-erwise prohibited by the Act or thispart.

(b) Except as provided in paragraph(c) of this section, a licensed importer,licensed manufacturer, or licenseddealer may distribute explosive mate-rials to a nonlicensee or nonpermitteeif the nonlicensee or nonpermittee is aresident of the same State in which thelicensee’s business premises are lo-cated, and the nonlicensee or non-permittee furnishes to the licensee theexplosives transaction record, AFT F5400.4, required by § 55.126. Dispositionof AFT F 5400.4 will be made in accord-ance with § 55.126.

(c) A licensed importer, licensedmanufacturer, or licensed dealer maysell or distribute explosive materials toa resident of a State contiguous to theState in which the licensee’s place ofbusiness is located if the purchaser’sState or residence has enacted legisla-tion, currently in force, specifically au-thorizing a resident of that State topurchase explosive materials in a con-tiguous State and the purchaser andthe licensee have, prior to the distribu-tion of the explosive materials, com-plied with all the requirements of para-graphs (b), (e), and (f) of this sectionapplicable to intrastate transactionsoccuring on the licensee’s businesspremises.

(d) A licensed manufacturer-limitedor a permittee may dispose of surplusstocks of explosive materials to a non-licensee or nonpermittee if the non-licensee or nonpermittee is a residentof the same State in which the licens-ee’s or permittee’s business premises oroperations are located, or is a residentof a State contiguous to the State inwhich the licensee’s or permittee’splace of business or operations are lo-cated, and if the requirements of para-graphs (b), (c), (e) and (f) of this sectionare fully met.


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(e) A licensed importer, licensedmanufacturer, or licensed dealer sell-ing or otherwise distributing explosivematerials to a business entity shallverify the identity of the representa-tive or agent of the business entitywho is authorized to order explosivematerials on behalf of the business en-tity. Each business entity ordering ex-plosive materials shall furnish the dis-tributing licensee prior to or with thefirst order of explosive materials a cur-rent certified list of the names of rep-resentatives or agents authorized toorder explosive materials on behalf ofthe business entity. The business en-tity ordering explosive materials is re-sponsible for keeping the certified listcurrent. A licensee shall not distributeexplosive materials to a business en-tity on the order of a person whosename does not appear on the certifiedlist.

(f) Where the possession of explosivematerials is transferred at the distribu-tor’s premises, the distributor shall inall instances verify the identity of theperson accepting possession on behalfof the distributee before relinquishingpossession. Before the delivery at thedistributor’s premises of explosive ma-terials to an employee of a nonlicenseeor nonpermittee, or to an employee ofa carrier transporting explosive mate-rials to a nonlicensee or nonpermittee,the distributor delivering explosivematerials shall obtain an executedATF F 5400.8 from the employee beforereleasing the explosive materials. TheATF F 5400.8 must contain all of the in-formation required on the form and bythis part. (See examples in § 55.103(a).)

(g) A licensee or permittee disposingof surplus stock may sell or distributecommercially manufactured blackpowder in quantities of 50 pounds orless to a nonlicensee or nonpermittee ifthe black powder is intended to be usedsolely for sporting, recreational, or cul-tural purposes in antique firearms asdefined in 18 U.S.C. 921(a)(16), or in an-tique devices as exempted from theterm ‘‘destructive device’’ in 18 U.S.C.921(a)(4).

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–293, 55 FR 3721, Feb. 5,1990]

§ 55.106 Certain prohibited distribu-tions.

(a) A licensee shall not distribute ex-plosive materials to any person not li-censed or holding a permit under thispart, who the licensee knows or hasreason to believe does not reside in theState in which the licensee’s place ofbusiness is located. This paragraphdoes not apply to the distribution ofexplosive materials to a resident of aState contiguous to the State in whichthe licensee’s place of business is lo-cated, if the requirements of § 55.105(c)are fully met.

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

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

(2) In any State where the purchase,possession, or use by a person of explo-sive materials would be in violation ofany State law or any published ordi-nance applicable at the place of dis-tribution;

(3) Who the licensee has reason to be-lieve intends to transport the explosivematerials into a State where the pur-chase, possession, or use of explosivematerials is prohibited or which doesnot permit its residents to transport orship explosive materials into the Stateor to receive explosive materials in theState; or

(4) Who the licensee has reasonablecause to believe intends to use the ex-plosive materials for other than a law-ful purpose.

(c) A licensee shall not distribute anyexplosive materials to any personknowing or having reason to believethat the person:

(1) Is, except as provided under§ 55.142 (d) and (e), under indictment orinformation for, or was convicted inany court of, a crime punishable by im-prisonment for a term exceeding 1year;

(2) Is a fugitive from justice;(3) Is an unlawful user of marijuana,

or any depressant or stimulant drug, ornarcotic drug (as these terms are de-fined in the Controlled Substances Act,21 U.S.C. 802); or

(4) Was adjudicated as a mental de-fective or was committed to a mentalinstitution.


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27 CFR Ch. I (4–1–98 Edition)§ 55.107

(d) The provisions of this section donot apply to the purchase of commer-cially manufactured black powder inquantities not to exceed 50 pounds, in-tended to be used solely for sporting,recreational, or cultural purposes inantique firearms or in antique devices,if the requirements of § 55.105(g) arefully met.

§ 55.107 Record of transactions.Each licensee and permittee shall

keep records of explosive materials asrequired by subpart G of this part.

§ 55.108 Importation.(a) Explosive materials imported or

brought into the United States by a li-censed importer or permittee may bereleased from customs custody to thelicensed importer or permittee uponproof of his status as a licensed im-porter or permittee. Proof of statusmust be made by the licensed importeror permittee furnishing to the customsofficer a certified copy of his license orpermit (see § 55.103).

(b) A nonlicensee or nonpermitteemay import or bring into the UnitedStates commercially manufacturedblack powder in quantities not to ex-ceed 50 pounds. Upon submitting to thecustoms officer completed ATF F5400.3, certifying that the black powderis intended to be used solely for sport-ing, recreational, or cultural purposesin antique firearms or in antique de-vices, black powder may be releasedfrom customs custody. The dispositionof the executed ATF F 5400.3 will be inaccordance with the instructions onthe form.

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

(d) For additional requirements re-lating to the importation of plastic ex-plosives into the United States on orafter April 24, 1997, see § 55.183.


§ 55.109 Identification of explosive ma-terials.

(a) Each licensed manufacturer of ex-plosive materials shall legibly identifyby marking all explosive materials he

manufactures for sale or distribution.The marks required by this sectionmust identify the manufacturer andthe location, date, and shift of manu-facture. The licensed manufacturershall place on each cartridge, bag, orother immediate container of explosivematerials manufactured for sale or dis-tribution the required mark whichshall also be placed on the outside con-tainer, if any, used for their packaging.

(b) Exceptions. (1) Licensed manufac-turers of blasting caps are only re-quired to place the identificationmarks prescribed in paragraph (a) onthe containers used for the packagingof blasting caps.

(2) The Director may authorize othermeans of identifying explosive mate-rials upon receipt of a letter applica-tion from the licensed manufacturershowing that other identification isreasonable and will not hinder the ef-fective administration of this part.

(3) The Director may authorize theuse of other means of identification onfireworks instead of marks prescribedin paragraph (a) of this section.

Subpart G—Records and Reports§ 55.121 General.

(a)(1) Licensees and permittees shallkeep records pertaining to explosivematerials in permanent form (i.e., com-mercial invoices, record books) and inthe manner required in this subpart.

(2) Licensees and permittees shallkeep records required by this subparton the business premises for five yearsfrom the date a transaction occurs oruntil discontinuance of business or op-erations by the licensee or permittee.(See also § 55.128 for discontinuance ofbusiness or operations.)

(b) ATF officers may enter the prem-ises of any licensee or permittee for thepurpose of examining or inspecting anyrecord or document required by or ob-tained under this part (see § 55.24). Sec-tion 843(f) of the Act requires licenseesand permittees to make all requiredrecords available for examination orinspection at all reasonable times. Sec-tion 834(f) of the Act also requires li-censees and permittees to submit allreports and information relating to allrequired records and their contents, asthe regulations in this part prescribe.


737


(c) Each licensee and permittee shallmaintain all records of importation,production, shipment, receipt, sale, orother disposition, whether temporaryor permanent, of explosive materials asthe regulations in this part prescribe.Sections 842(f) and 842(g) of the Actmake it unlawful for any licensee orpermittee knowingly to make any falseentry in, or fail to make entry in, anyrecord required to be kept under theAct and the regulations in this part.

(Approved by the Office of Management andBudget under control number 1512–0373)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–172, 49 FR 14941, Apr.16, 1984]

§ 55.122 Records maintained by li-censed importers.

(a) Each licensed importer shall taketrue and accurate physical inventorieswhich will include all explosive mate-rials on hand required to be accountedfor in the records kept under this part.The licensed importer shall take a spe-cial inventory (1) at the time of com-mencing business, which is the effec-tive date of the license issued uponoriginal qualification under this part;(2) at the time of changing the locationof his business to another region; (3) atthe time of discontinuing business; and(4) at any time the regional director(compliance) may in writing require.Each special inventory is to be pre-pared in duplicate, the original ofwhich is submitted to the regional di-rector (compliance), and the duplicateretained by the licensed importer. If aspecial inventory specified by para-graphs (a) (1) through (4) of this sectionhas not been taken during the calendaryear, at least one physical inventorywill be taken. However, the record ofthe yearly inventory, other than a spe-cial inventory required by paragraphs(a) (1) through (4) of this section, willremain on file for inspection instead ofbeing sent to the regional director(compliance). (See also § 55.127.)

(b) Each licensed importer shall, notlater than the close of the next busi-ness day following the date of importa-tion or other acquisition of explosivematerials, enter the following informa-tion in a separate record:

(1) Date of importation or other ac-quisition.

(2) Name or brand name of manufac-turer and country of manufacture.

(3) Manufacturer’s marks of identi-fication.

(4) Quantity (applicable quantityunits, such as pounds of explosives,number of detonators, number of spe-cial fireworks, etc.).

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

(c) Each licensed importer shall, notlater than the close of the next busi-ness day following the date of distribu-tion of any explosive materials to an-other licensee or a permittee, enter ina separate record the following infor-mation:

(1) Date of disposition.(2) Name or brand name of manufac-

turer and country of manufacture.(3) Manufacturer’s marks of identi-

fication.(4) Quantity (applicable quantity

units, such as pounds of explosives,number of detonators, number of spe-cial fireworks, etc.).


(6) License or permit number of li-censee or permittee to whom the explo-sive materials are distributed.

(d) The regional director (compli-ance) may authorize alternate recordsto be maintained by a licensed im-porter to record his distribution of ex-plosive materials when it is shown bythe licensed importer that alternaterecords will accurately and readily dis-close the information required by para-graph (c) of this section. A licensed im-porter who proposes to use alternaterecords shall submit a letter applica-tion to the regional director (compli-ance) and shall describe the proposedalternate records and the need forthem. Alternate records are not to beemployed by the licensed importeruntil approval is received from the re-gional director (compliance).

(e) Each licensed importer shallmaintain separate records of the sales


738

27 CFR Ch. I (4–1–98 Edition)§ 55.123

or other distribution made of explosivematerials to nonlicensees or non-permittees. These records are main-tained as prescribed by § 55.126.



§ 55.123 Records maintained by li-censed manufacturers.

(a) Each licensed manufacturer shalltake true and accurate physical inven-tories which will include all explosivematerials on hand required to be ac-counted for in the records kept underthis part. The licensed manufacturershall take a special inventory (1) at thetime of commencing business, which isthe effective date of the license issuedupon original qualification under thispart; (2) at the time of changing the lo-cation of his premises to another re-gion; (3) at the time of discontinuingbusiness; and (4) at any other time theregional director (compliance) may inwriting require. Each special inventoryis to be prepared in duplicate, theoriginal of which is submitted to theregional director (compliance), and theduplicate retained by the licensed man-ufacturer. If a special inventory re-quired by paragraphs (a) (1) through (4)of this section has not been taken dur-ing the calendar year, at least onephysical inventory will be taken. How-ever, the record of the yearly inven-tory, other than a special inventory re-quired by paragraphs (a) (1) through (4)of this section, will remain on file forinspection instead of being sent to theregional director (compliance). (Seealso § 55.127.)

(b) Each licensed manufacturer shallnot later than the close of the nextbusiness day following the date of man-ufacture or other acquisition of explo-sive materials, enter the following in-formation in a separate record:

(1) Date of manufacture or other ac-quisition.


(3) Quantity (applicable quantityunits, such as pounds of explosives,

number of detonators, number of spe-cial fireworks, etc.).

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

(c) Each licensed manufacturer shall,not later than the close of the nextbusiness day following the date of dis-tribution of any explosive materials toanother licensee or a permittee, enterin a separate record the following in-formation:


turer or name of importer, as applica-ble, if acquired other than by his ownmanufacture.


(4) Quantity (applicable quantityunits, such as pounds of explosives,number of detonators, number of spe-cial fireworks, etc.).



(d) Each licensed manufacturer whomanufactures explosive materials forhis own use shall, not later than theclose of the next business day followingthe date of use, enter in a separaterecord the following information:

(1) Date of use.(2) Quantity (applicable quantity



Exception: A licensed manufacturer is exemptfrom the recordkeeping requirements of thissubsection if the explosive materials aremanufactured for his own use and used with-in a 24 hour period at the same site.

(e) The regional director (compli-ance) may authorize alternate recordsto be maintained by a licensed manu-facturer to record his distribution oruse of explosive materials when it is


739


shown by the licensed manufacturerthat alternate records will accuratelyand readily disclose the informationrequired by paragraph (c) of this sec-tion. A licensed manufacturer who pro-poses to use alternate records shallsubmit a letter application to the re-gional director (compliance) and shalldescribe the proposed alternate recordsand the need for them. Alternaterecords are not to be employed by thelicensed manufacturer until approval isreceived from the regional director(compliance).

(f) Each licensed manufacturer shallmaintain separate records of the salesor other distribution made of explosivematerials to nonlicensees or non-permittees. These records are main-tained as prescribed by § 55.126.



§ 55.124 Records maintained by li-censed dealers.

(a) Each licensed dealer shall taketrue and accurate physical inventorieswhich will include all explosive mate-rials on hand required to be accountedfor in the records kept under this part.The licensed dealer shall take a specialinventory (1) at the time of commenc-ing business, which is the effective dateof the license issued upon originalqualification under this part; (2) at thetime of changing the location of hispremises to another region; (3) at thetime of discontinuing business; and (4)at any other time the regional director(compliance) may in writing require.Each special inventory is to be pre-pared in duplicate, the original ofwhich is submitted to the regional di-rector (compliance), and the duplicateretained by the licensed dealer. If aspecial inventory required by para-graphs (a) (1) through (4) of this sectionhas not been taken during the calendaryear, at least one physical inventorywill be taken. However, the record ofthe yearly inventory, other than a spe-cial inventory required by paragraphs(a) (1) through (4) of this section, willremain on file for inspection instead of

being sent to the regional director(compliance). (See also § 55.127.)

(b) Each licensed dealer shall, notlater than the close of the next busi-ness day following the date of purchaseor other acquisition of explosive mate-rials (except as provided in paragraph(d) of this section), enter the followinginformation in a separate record:

(1) Date of acquisition.(2) Name or brand name of manufac-

turer and name of importer (if any).(3) Manufacturer’s marks of identi-




(6) Name, address, and license or per-mit number of the person from whomthe explosive materials are received.

(c) Each licensed dealer shall, notlater than the close of the next busi-ness day following the date of use (ifthe explosives are used by the dealer)or the date of distribution of any explo-sive materials to another licensee or apermittee (except as provided in para-graph (d) of this section), enter in aseparate record the following informa-tion:


turer and name of importer (if any).(3) Manufacturer’s marks of identi-



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


(d) When a commercial record is keptby a licensed dealer showing the pur-chase or other acquisition informationrequired for the permanent record pre-scribed by paragraph (b) of this section,


740

27 CFR Ch. I (4–1–98 Edition)§ 55.125

or showing the distribution informa-tion required for the permanent recordprescribed by paragraph (c) of this sec-tion, the licensed dealer acquiring ordistributing the explosive materialsmay, for a period not exceeding sevendays following the date of acquisitionof distribution of the explosive mate-rials, delay making the required entryinto the permanent record of acquisi-tion or distribution. However, until therequired entry of acquisition or dis-position is made in the permanentrecord, the commercial record must be(1) kept by the licensed dealer separatefrom other commercial documentskept by the licensee, and (2) readilyavailable for inspection on the licensedpremises.

(e) The regional director (compli-ance) may authorize alternate recordsto be maintained by a licensed dealerto record his acquisition or dispositionof explosive materials, when it isshown by the licensed dealer that al-ternate records will accurately andreadily disclose the required informa-tion. A licensed dealer who proposes touse alternate records shall submit aletter application to the regional direc-tor (compliance) and shall describe theproposed alternate records and theneed for them. Alternate records arenot to be employed by the licenseddealer until approval is received fromthe regional director (compliance).

(f) Each licensed dealer shall main-tain separate records of the sales orother distribution made of explosivematerials to nonlicensees or non-permittees. These records are main-tained as prescribed by § 55.126.



§ 55.125 Records maintained by li-censed manufacturers-limited andpermittees.

(a) Each licensed manufacturer-lim-ited and each permittee will take trueand accurate physical inventorieswhich will include all explosive mate-rials on hand required to be accountedfor in the records kept under this part.The licensed manufacturer-limited or

permittee shall take a special inven-tory (1) at the time of commencingbusiness, which is the effective date ofthe license or permit issued upon origi-nal qualification under this part; (2) atthe time of changing the location of hispremises to another region; (3) at thetime of discontinuing business; and (4)at any other time the regional director(compliance) may in writing require.Each special inventory is to be pre-pared in duplicate, the original ofwhich is submitted to the regional di-rector (compliance) and the duplicateretained by the licensee or permittee.If a special inventory required by para-graphs (a) (1) through (4) of this sectionhas not been taken during the calendaryear, a permittee is required to take atleast one physical inventory. However,the record of the yearly inventory,other than a special inventory requiredby paragraphs (a) (1) through (4) of thissection, will remain on file for inspec-tion instead of being sent to the re-gional director (compliance). (See also§ 55.127).

(b)(1) Each licensed manufacturer-limited shall, not later than the closeof the next business day following thedate of disposition of surplus stocks ofexplosive materials to another licenseeor to a permittee, enter in a separaterecord the information prescribed in§ 55.123(c).

(2) Each licensed manufacturer-lim-ited shall maintain separate records ofdisposition of surplus stocks of explo-sive materials to nonlicensees or non-permittees as prescribed by § 55.126.

(c) Each permittee shall, not laterthan the close of the next business dayfollowing the date of acquisition of ex-plosive materials, enter the followinginformation in a separate record:

(1) Date of acquisition.(2) Name or brand name of manufac-

turer.(3) Manufacturer’s marks of identi-





741


(6) Name, address, and license num-ber of the persons from whom the ex-plosive materials are received.

(d) Each permittee shall, not laterthan the close of the next business dayfollowing the date of disposition of sur-plus explosive materials to anotherpermittee or a licensee, enter in a sepa-rate record the information prescribedin § 55.124(c).

(e) Each permittee shall maintainseparate records of disposition of sur-plus stocks of explosive materials tononlicensees or nonpermittees as pre-scribed in § 55.126.

(f) The regional director (compliance)may authorize alternate records to bemaintained by a permittee to recordhis acquisition of explosive materials,when it is shown by the permittee thatalternate records will accurately andreadily disclose the required informa-tion. A permittee who proposes to usealternate records shall submit a letterapplication to the regional director(compliance) and shall describe theproposed alternate records and theneed for them. Alternate records arenot to be employed by the permitteeuntil approval is received from the re-gional director (compliance).



§ 55.126 Explosives transaction record.(a) A licensee or permittee shall not

temporarily or permanently distributeexplosive materials to any person,other than another licensee or permit-tee, unless he records the transactionon an explosives transaction record,ATF F 5400.4.

(b) Before the distribution of explo-sive materials to a nonlicensee or non-permittee who is a resident of theState in which the licensee or permit-tee maintains his business premises, orto a nonlicensee or nonpermittee whois not a resident of the State in whichthe licensee or permittee maintains hisbusiness premises and is acquiring ex-plosive materials under § 55.105(c), thelicensee or permittee distributing theexplosive materials shall obtain an ex-

ecuted ATF F 5400.4 from the distribu-tee which contains all of the informa-tion required on the form and by theregulations in this part.

(c) Completed ATF F 5400.4 is to beretained by the licensee or permitteeas part of his permanent records in ac-cordance with paragraph (d) of this sec-tion.

(d) Each AFT F 5400.4 is retained innumerical (by transaction serial num-ber) order commencing with ‘‘1’’ andcontinuing in regular sequence. Whenthe numbering of any series reaches‘‘1,000,000,’’ the licensee or permitteemay recommence the series. The re-commenced series is to be given an al-phabetical prefix or suffix. Where thereis a change in proprietorship, or in theindividual, firm, corporate name ortrade name, the series in use at thetime of the change may be continued.

(e) The requirements of this sectionare in addition to any other record-keeping requirement contained in thispart.

(f) A licensee or permittee may ob-tain, upon request, a supply of ATF F5400.4 from the Director.


[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–93, 46 FR 50787, Oct.15, 1981; T.D. ATF–172, 49 FR 14941, Apr. 16,1984]

§ 55.127 Daily summary of magazinetransactions.

In taking the inventory required by§§ 55.122, 55.123, 55.124, and 55.125, a li-censee or permittee shall enter the in-ventory in a record of daily trans-actions to be kept at each magazine ofan approved storage facility; however,these records may be kept at one cen-tral location on the business premisesif separate records of daily trans-actions are kept for each magazine.Not later than the close of the nextbusiness day, each licensee and permit-tee shall record by manufacturer’sname or brand name, the total quan-tity received in and removed from eachmagazine during the day, and the totalremaining on hand at the end of theday. Quantity entries for special fire-works may be expressed as the numberand size of individual special fireworks


742

27 CFR Ch. I (4–1–98 Edition)§ 55.128

in a finished state or as the number ofpackaged display segments or pack-aged displays. Information as to thenumber and size of special fireworkscontained in any one packaged displaysegment or packaged display shall beprovided to any ATF officer on request.Any discrepancy which might indicatea theft or loss of explosive materials isto be reported in acordance with § 55.30.

[T.D. ATF–293, 55 FR 3722, Feb. 5, 1990]

§ 55.128 Discontinuance of business.

Where an explosive materials busi-ness or operations is discontinued andsucceeded by a new licensee, therecords prescribed by this subpart shallappropriately reflect such facts andshall be delivered to the successor.Where discontinuance of the businessor operations is absolute, the recordsrequired by this subpart shall be deliv-ered within 30 days following the busi-ness or operations discontinuance toany ATF office located in the region inwhich the business was located, or tothe ATF Firearms Out-of-BusinessRecords Center, 3361F 75th Avenue,Landover, Maryland 20785. Where Statelaw or local ordinance requires the de-livery of records to other responsibleauthority, the Chief, Firearms and Ex-plosives Licensing Center may arrangefor the delivery of the records requiredby this subpart to such authority. (Seealso, § 55.61.)

[T.D. ATF–290, 54 FR 53054, Dec. 27, 1989]

§ 55.129 Exportation.

Exportation of explosive materials isto be in accordance with the applicableprovisions of section 38 of the Arms Ex-port Control Act (22 U.S.C. 2778) andimplementing regulations. However, alicensed importer, licensed manufac-turer, or licensed dealer exporting ex-plosive materials shall maintainrecords showing the manufacture or ac-quisition of explosive materials as re-quired by this part and records showingthe quantity, the manufacturer’s nameor brand name of explosive materials,the name and address of the foreignconsignee of the explosive materials,and the date the explosive materialswere exported. See § 55.180 for regula-

tions concerning the exportation ofplastic explosives.


§ 55.130 [Reserved]

Subpart H—Exemptions

§ 55.141 Exemptions.

(a) General. Except for the provisionsof §§ 55.180 and 55.181, this part does notapply to:

(1) Any aspect of the transportationof explosive materials via railroad,water, highway, or air which is regu-lated by the U.S. Department of Trans-portation and its agencies, and whichpertains to safety.

(2) The use of explosive materials inmedicines and medicinal agents in theforms prescribed by the official UnitedStates Pharmacopeia or the NationalFormulary. ‘‘The United States Phar-macopeia and The National For-mulary,’’ USP and NF Compendia, areavailable from the United StatesPharmacopeial Convention, Inc., 12601Twinbrook Parkway, Rockville, Mary-land 20852.

(3) The transportation, shipment, re-ceipt, or importation of explosive ma-terials for delivery to any agency ofthe United States or to any State or itspolitical subdivision.

(4) Small arms ammunition and com-ponents of small arms ammunition.

(5) The manufacture under the regu-lation of the military department ofthe United States of explosive mate-rials for, or their distribution to orstorage or possession by, the militaryor naval services or other agencies ofthe United States.

(6) Arsenals, navy yards, depots, orother establishments owned by, or op-erated by or on behalf of, the UnitedStates.

(7) The importation and distributionof fireworks classified as Class C explo-sives and generally known as ‘‘commonfireworks’’, and other Class C explo-sives, as described by U.S. Departmentof Transportation regulations in 49CFR 173.100 (p), (r), (t), (u) and (x).


743


(8) Gasoline, fertilizers, propellantactuated devices, or propellant actu-ated industrial tools manufactured, im-ported, or distributed for their in-tended purposes.

(9) Industrial and laboratory chemi-cals which are intended for use as re-agents and which are packaged andshipped pursuant to U.S. Departmentof Transportation regulations, 49 CFRParts 100 to 177, which do not requireexplosives hazard warning labels.

(b) Black powder. Except for the pro-visions applicable to persons requiredto be licensed under subpart D, thispart does not apply with respect tocommercially manufactured blackpowder in quantities not to exceed 50pounds, percussion caps, safety and py-rotechnic fuses, quills, quick and slowmatches, and friction primers, if theblack powder is intended to be usedsolely for sporting, recreational, or cul-tural purposes in antique firearms, asdefined in 18 U.S.C. 921(a)(16) or antiquedevices, as exempted from the term‘‘destructive devices’’ in 18 U.S.C.921(a)(4).

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981 asamended by T.D. ATF–87, 46 FR 46916, Sept.23, 1981; T.D. ATF–293, 55 FR 3722, Feb. 5,1990; T.D. ATF–387, 62 FR 8377, Feb. 25, 1997]

§ 55.142 Relief from disabilities in-curred by indictment, informationor conviction.

(a) Any person may make applicationfor relief from the disabilities underthe Act incurred by reason of an indict-ment or information for, or convictionof, a crime punishable by imprison-ment for a term exceeding one year.

(b) An application for relief from dis-abilities is filed with the Director andsupported by data that the applicantconsiders appropriate. In the case of acorporation, or of any person havingthe power to direct or control the man-agement of the corporation, the sup-porting data is to include informationas to the absence of culpability in theoffense for which the corporation, orany such person, was indicted, formallyaccused or convicted.

(c) The Director may grant relief toan applicant if it is established to thesatisfaction of the Director that thecircumstances regarding the indict-ment, information or conviction and

the applicant’s record and reputationare such that the applicant will not belikely to act in a manner dangerous topublic safety, and that the granting ofthe relief would not be contrary to thepublic interest.

(d) A person who has been granted re-lief under this section is relieved of anydisabilities imposed by the Act with re-spect to engaging in the business of im-porting, manufacturing, or dealing inexplosive materials, or the purchase ofexplosive materials, that were incurredby reason of such indictment, informa-tion or conviction.

(e)(1) A licensee or permittee who isunder indictment or information for, orconvicted of, a crime punishable by im-prisonment for a term exceeding oneyear during the term of a current li-cense or permit, or while he has pend-ing a license or permit renewal applica-tion, shall not be barred from licensedor permit operations for 30 days afterthe date of indictment or informationor 30 days after the date upon which hisconviction becomes final. Also, if hefiles his application for relief underthis section within such 30 day period,he may further continue licensed orpermit operations while his applicationis pending. A licensee or permittee whodoes not file an application within 30days from the date of his indictment orinformation, or within 30 days from thedate his conviction becomes final, shallnot continue licensed or permit oper-ations beyond 30 days from the date ofhis indictment or information or be-yond 30 days from the date his convic-tion becomes final.

(2) In the event the term of a licenseor permit of a person expires duringthe 30 day period following the date ofindictment of information of duringthe 30 day period after the date uponwhich his conviction becomes final orwhile his application for relief is pend-ing, he shall file a timely applicationfor renewal of his license or permit inorder to continue licensed or permitoperations. The license or permit appli-cation is to show that the applicanthas been indicted or under informationfor, or convicted of, a crime punishableby imprisonment for a term exceedingone year.

(3) A licensee or permittee shall notcontinue licensed or permit operations


744

27 CFR Ch. I (4–1–98 Edition)§ 55.161

beyond 30 days following the date theDirector issues notification that the li-censee’s or permittee’s application forremoval of the disabilities resultingfrom an indictment, information orconviction has been denied.

(4) When a licensee or permittee mayno longer continue licensed or permitoperations under this section, any ap-plication for renewal of license of per-mit filed by the licensee or permitteewhile his application for removal ofdisabilities resulting from an indict-ment, information or conviction ispending, will be denied by the regionaldirector (compliance).

Subpart I—Unlawful Acts,Penalties, Seizures and Forfeitures

§ 55.161 Engaging in business withouta license.

Any person engaging in the businessof importing, manufacturing, or deal-ing in explosive materials without a li-cense issued under the Act, shall befined not more than $10,000 or impris-oned not more than 10 years, or both.

§ 55.162 False statement or representa-tion.

Any person who knowingly withholdsinformation or makes any false or fic-titious oral or written statement orfurnishes or exhibits any false, ficti-tious, or misrepresented identification,intended or likely to deceive for thepurpose of obtaining explosive mate-rials, or a license, permit, exemption,or relief from disability under the Act,shall be fined not more than $10,000 orimprisoned not more than 10 years, orboth.

§ 55.163 False entry in record.

Any licensed importer, licensed man-ufacturer, licensed manufacturer-lim-ited, licensed dealer, or permittee whoknowingly makes any false entry inany record required to be kept undersubpart G of this part, shall be finednot more than $10,000 or imprisoned notmore than 10 years, or both.

§ 55.164 Unlawful storage.

Any person who stores any explosivematerial in a manner not in conform-ity with this part, shall be fined not

more than $1,000 or imprisoned notmore than one year, or both.

§ 55.165 Failure to report theft or loss.Any person who has knowledge of the

theft or loss of any explosive materialsfrom his stock and fails to report thetheft or loss within 24 hours of discov-ery in accordance with § 55.30, shall befined not more than $1,000 or impris-oned not more than one year, or both.

§ 55.166 Seizure or forfeiture.Any explosive materials involved or

used or intended to be used in any vio-lation of the Act or of this part or inany violation of any criminal law ofthe United States are subject to seizureand forfeiture, and all provisions oftitle 26, U.S.C. relating to the seizure,forfeiture, and disposition of firearms,as defined in 26 U.S.C. 5845(a), will, sofar as applicable, extend to seizuresand forfeitures under the Act. (See§ 72.27 of this title for regulations onsummary destruction of explosive ma-terials which are impracticable or un-safe to remove to a place of storage.)

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–363, 60 FR 17449, Apr.6, 1995]

Subpart J—Marking of PlasticExplosives

§ 55.180 Prohibitions relating to un-marked plastic explosives.

(a) No person shall manufacture anyplastic explosive that does not containa detection agent.

(b) No person shall import or bringinto the United States, or export fromthe United States, any plastic explo-sive that does not contain a detectionagent. This paragraph does not applyto the importation or bringing into theUnited States, or the exportation fromthe United States, of any plastic explo-sive that was imported or brought into,or manufactured in the United Statesprior to April 24, 1996, by or on behalfof any agency of the United States per-forming military or police functions(including any military reserve compo-nent) or by or on behalf of the NationalGuard of any State, not later than 15years after the date of entry into forceof the Convention on the Marking of


745


Plastic Explosives with respect to theUnited States.

(c) No person shall ship, transport,transfer, receive, or possess any plasticexplosive that does not contain a de-tection agent. This paragraph does notapply to:

(1) The shipment, transportation,transfer, receipt, or possession of anyplastic explosive that was imported orbrought into, or manufactured in theUnited States prior to April 24, 1996, byany person during the period beginningon that date and ending on April 24,1999; or

(2) The shipment, transportation,transfer, receipt, or possession of anyplastic explosive that was imported orbrought into, or manufactured in theUnited States prior to April 24, 1996, byor on behalf of any agency of theUnited States performing a military orpolice function (including any militaryreserve component) or by or on behalfof the National Guard of any State, notlater than 15 years after the date ofentry into force of the Convention onthe Marking of Plastic Explosives withrespect to the United States.

(d) When used in this subpart, termsare defined as follows:

(1) Convention on the Marking of Plas-tic Explosives means the Convention onthe Marking of Plastic Explosives forthe Purposes of Detection, Done atMontreal on 1 March 1991.

(2) Date of entry into force of the Con-vention on the Marking of Plastic Ex-plosives means that date on which theConvention enters into force with re-spect to the U.S. in accordance withthe provisions of Article XIII of theConvention on the Marking of PlasticExplosives.

(3) Detection agent means any one ofthe substances specified in this para-graph when introduced into a plasticexplosive or formulated in such explo-sive as a part of the manufacturingprocess in such a manner as to achievehomogeneous distribution in the fin-ished explosive, including—

(i) Ethylene glycol dinitrate (EGDN),C2H4(NO3)2, molecular weight 152, whenthe minimum concentration in the fin-ished explosive is 0.2 percent by mass;

(ii) 2,3-Dimethyl-2,3-dinitrobutane(DMNB), C6H12(NO2)2, molecular weight

176, when the minimum concentrationin the finished explosive is 0.1 percentby mass;

(iii) Para-Mononitrotoluene (p-MNT),C7H7NO2, molecular weight 137, whenthe minimum concentration in the fin-ished explosive is 0.5 percent by mass;

(iv) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, molecular weight 137,when the minimum concentration inthe finished explosive is 0.5 percent bymass; and

(v) Any other substance in the con-centration specified by the Director,after consultation with the Secretaryof State and Secretary of Defense, thathas been added to the table in Part 2 ofthe Technical Annex to the Conventionon the Marking of Plastic Explosives.

(4) Plastic explosive means an explo-sive material in flexible or elasticsheet form formulated with one ormore high explosives which in theirpure form has a vapor pressure lessthan 10¥4 Pa at a temperature of 25 °C,is formulated with a binder material,and is as a mixture malleable or flexi-ble at normal room temperature. Highexplosives, as defined in § 55.202(a), areexplosive materials which can becaused to detonate by means of a blast-ing cap when unconfined.

[T.D. ATF–387, 62 FR 8376, Feb. 25, 1997]

§ 55.181 Reporting of plastic explo-sives.

All persons, other than an agency ofthe United States (including any mili-tary reserve component) or the Na-tional Guard of any State, possessingany plastic explosive on April 24, 1996,shall submit a report to the Directorno later than August 22, 1996. The re-port shall be in writing and mailed bycertified mail (return receipt re-quested) to the Director at P.O. Box50204, Washington, DC 20091–0204. Thereport shall include the quantity ofplastic explosives possessed on April 24,1996; any marks of identification onsuch explosives; the name and addressof the manufacturer or importer; thestorage location of such explosives, in-cluding the city and State; and the


746

27 CFR Ch. I (4–1–98 Edition)§ 55.182

name and address of the person pos-sessing the plastic explosives.


[T.D. ATF–382, 61 FR 38085, July 23, 1996, asamended by T.D. ATF–387, 62 FR 8377, Feb.25, 1997]

§ 55.182 Exceptions.It is an affirmative defense against

any proceeding involving §§ 55.180 and55.181 if the proponent proves by a pre-ponderance of the evidence that theplastic explosive—

(a) Consisted of a small amount ofplastic explosive intended for and uti-lized solely in lawful—

(1) Research, development, or testingof new or modified explosive materials;

(2) Training in explosives detectionor development or testing of explosivesdetection equipment; or

(3) Forensic science purposes; or(b) Was plastic explosive that, by

April 24, 1999, will be or is incorporatedin a military device within the terri-tory of the United States and remainsan integral part of such military de-vice, or is intended to be, or is incor-porated in, and remains an integralpart of a military device that is in-tended to become, or has become, theproperty of any agency of the UnitedStates performing military or policefunctions (including any military re-serve component) or the NationalGuard of any State, wherever such de-vice is located. For purposes of thisparagraph, the term ‘‘military device’’includes, but is not restricted to,shells, bombs, projectiles, mines, mis-siles, rockets, shaped charges, gre-nades, perforators, and similar deviceslawfully manufactured exclusively formilitary or police purposes.

[T.D. ATF–387, 62 FR 8377, Feb. 25, 1997]

§ 55.183 Importation of plastic explo-sives on or after April 24, 1997.

Persons filing Form 6 applicationsfor the importation of plastic explo-sives on or after April 24, 1997, shall at-tach to the application the followingwritten statement, prepared in trip-licate, executed under the penalties ofperjury:

(a) ‘‘I declare under the penalties ofperjury that the plastic explosive to be

imported contains a detection agent asrequired by 27 CFR 55.180(b)’’; or

(b) ‘‘I declare under the penalties ofperjury that the plastic explosive to beimported is a ‘‘small amount’’ to beused for research, training, or testingpurposes and is exempt from the detec-tion agent requirement pursuant to 27CFR 55.182.’’

[T.D. ATF–387, 62 FR 8377, Feb. 25, 1997]

§ 55.184 Statements of process andsamples.

(a) A complete and accurate state-ment of process with regard to anyplastic explosive or to any detectionagent that is to be introduced into aplastic explosive or formulated in suchplastic explosive shall be submitted bya licensed manufacturer or licensed im-porter, upon request, to the Director.

(b) Samples of any plastic explosiveor detection agent shall be submittedby a licensed manufacturer or licensedimporter, upon request, to the Direc-tor.

(Paragraph (a) approved by the Office ofManagement and Budget under control num-ber 1512–0539)

[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]

§ 55.185 Criminal sanctions.

Any person who violates the provi-sions of 18 U.S.C. 842(l)–(o) shall befined under title 18, U.S.C., imprisonedfor not more than 10 years, or both.

[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]

§ 55.186 Seizure or forfeiture.

Any plastic explosive that does notcontain a detection agent in violationof 18 U.S.C. 842(l)–(n) is subject to sei-zure and forfeiture, and all provisionsof 19 U.S.C. 1595a, relating to seizure,forfeiture, and disposition of merchan-dise introduced or attempted to be in-troduced into the U.S. contrary to law,shall extend to seizures and forfeituresunder this subpart. See § 72.27 of thischapter for regulations on summarydestruction of plastic explosives thatdo not contain a detection agent.

[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]


747


Subpart K—Storage

§ 55.201 General.

(a) Section 842(j) of the Act and § 55.29of this part require that the storage ofexplosive materials by any person mustbe in accordance with the regulationsin this part. Further, section 846 of thisAct authorizes regulations to preventthe recurrence of accidental explosionsin which explosive materials were in-volved. The storage standards pre-scribed by this subpart confer no rightor privileges to store explosive mate-rials in a manner contrary to State orlocal law.

(b) The Director may authorize alter-nate construction for explosives stor-age magazines when it is shown thatthe alternate magazine construction issubstantially equivalent to the stand-ards of safety and security contained inthis subpart. Any alternate explosivemagazine construction approved by theDirector prior to August 9, 1982, willcontinue as approved unless notified inwriting by the Director. Any person in-tending to use alternate magazine con-struction shall submit a letter applica-tion to the regional director (compli-ance) for transmittal to the Director,specifically describing the proposedmagazine. Explosive materials may notbe stored in alternate magazines beforethe applicant has been notified thatthe application has been approved.

(c) A licensee or permittee who in-tends to make changes in his maga-zines, or who intends to construct oracquire additional magazines, shallcomply with § 55.63.

(d) The regulations set forth in§§ 55.221 through 55.224 pertain to thestorage of special fireworks, pyro-technic compositions and explosivematerials used in assembling fire-works.

(e) The provisions of § 55.202(a)classifying flash powder and bulk sa-lutes as high explosives are mandatoryafter March 7, 1990: Provided, that thosepersons who hold licenses or permitsunder this part on that date shall, withrespect to the premises covered by suchlicenses or permits, comply with thehigh explosives storage requirements

for flash powder and bulk salutes byMarch 7, 1991.


§ 55.202 Classes of explosive materials.For purposes of this part, there are

three classes of explosive materials.These classes, together with the de-scription of explosive materials com-prising each class, are as follows:

(a) High explosives. Explosive mate-rials which can be caused to detonateby means of a blasting cap whenunconfined, (for example, dynamite,flash powders, and bulk salutes). Seealso § 55.201(e).

(b) Low explosives. Explosive mate-rials which can be caused to deflagratewhen confined, (for example, blackpowder, safety fuses, igniters, ignitercords, fuse lighters, and ‘‘special fire-works’’ defined as Class B explosives byU.S. Department of Transportationregulations in 49 CFR part 173, exceptfor bulk salutes).

(c) Blasting agents. (For example, am-monium nitrate-fuel oil and certainwater-gels (see also § 55.11).


§ 55.203 Types of magazines.For purposes of this part, there are

five types of magazines. These types,together with the classes of explosivematerials, as defined in § 55.202, whichwill be stored in them, are as follows:

(a) Type 1 magazines. Permanent mag-azines for the storage of high explo-sives, subject to the limitations pre-scribed by §§ 55.206 and 55.213. Otherclasses of explosive materials may alsobe stored in type 1 magazines.

(b) Type 2 magazines. Mobile and port-able indoor and outdoor magazines forthe storage of high explosives, subjectto the limitations prescribed by§§ 55.206, 55.208(b), and 55.213. Otherclasses of explosive materials may alsobe stored in type 2 magazines.

(c) Type 3 magazines. Portable out-door magazines for the temporary stor-age of high explosives while attended(for example, a ‘‘day-box’’), subject tothe limitations prescribed by §§ 55.206and 55.213. Other classes of explosives


748

27 CFR Ch. I (4–1–98 Edition)§ 55.204

materials may also be stored in type 3magazines.

(d) Type 4 magazines. Magazines forthe storage of low explosives, subjectto the limitations prescribed by§§ 55.206(b), 55.210(b), and 55.213. Blast-ing agents may be stored in type 4magazines, subject to the limitationsprescribed by §§ 55.206(c), 55.211(b), and55.213. Detonators that will not massdetonate may also be stored in type 4magazines, subject to the limitationsprescribed by §§ 55.206(a), 55.210(b), and55.213.

(e) Type 5 magazines. Magazines forthe storage of blasting agents, subjectto the limitations prescribed by§§ 55.206(c), 55.211(b), and 55.213.

§ 55.204 Inspection of magazines.Any person storing explosive mate-

rials shall inspect his magazines atleast every seven days. This inspectionneed not be an inventory, but must besufficient to determine whether therehas been unauthorized entry or at-tempted entry into the magazines, orunauthorized removal of the contentsof the magazines.

§ 55.205 Movement of explosive mate-rials.

All explosive materials must be keptin locked magazines meeting thestandards in this subpart unless theyare:

(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 permit-tee or by a person who has lawfully ac-quired explosive materials under§ 55.106.

§ 55.206 Location of magazines.(a) Outdoor magazines in which high

explosives are stored must be locatedno closer to inhabited buildings, pas-senger railways, public highways, orother magazines in which high explo-sives are stored, than the minimumdistances specified in the table of dis-tances for storage of explosive mate-rials in § 55.218.

(b) Outdoor magazines in which lowexplosives are stored must be locatedno closer to inhibited buildings, pas-

senger railways, public highways, orother magazines in which explosivematerials are stored, than the mini-mum distances specified in the table ofdistances for storage of low explosivesin § 55.219, except that the table of dis-tances in § 55.224 shall apply to thestorage of special fireworks. The dis-tances shown in § 55.219 may not be re-duced by the presence of barricades.

(c)(1) Outdoor magazines in whichblasting agents in quantities of morethan 50 pounds are stored must be lo-cated no closer to inhabited buildings,passenger railways, or public highwaysthan the minimum distances specifiedin the table of distances for storage ofexplosive materials in § 55.218.

(2) Ammonium nitrate and magazinesin which blasting agents are storedmust be located no closer to magazinesin which high explosives or other blast-ing agents are stored than the mini-mum distances specified in the table ofdistances for the separation of ammo-nium nitrate and blasting agents in§ 55.220. However, the minimum dis-tances for magazines in which explo-sives and blasting agents are storedfrom inhabited buildings, etc., may notbe less than the distances specified inthe table of distances for storage of ex-plosives materials in § 55.218.


§ 55.207 Construction of type 1 maga-zines.

A type 1 magazine is a permanentstructure: a building, an igloo or‘‘Army-type structure’’, a tunnel, or adugout. It is to be bullet-resistant, fire-resistant, weather-resistant, theft-re-sistant, and ventilated.

(a) Buildings. All building type maga-zines are to be constructed of masonry,wood, metal, or a combination of thesematerials, and have no openings exceptfor entrances and ventilation. Theground around building magazinesmust slope away for drainage or otheradequate drainage provided.

(1) Masonry wall construction. Ma-sonry wall construction is to consist ofbrick, concrete, tile, cement block, orcinder block and be not less than 6inches in thickness. Hollow masonryunits used in construction must have


749


all hollow spaces filled with well-tamped, coarse, dry sand or weak con-crete (at least a mixture of one part ce-ment and eight parts of sand withenough water to dampen the mixturewhile tamping in place). Interior wallsare to be constructed of, or coveredwith, a nonsparking material.

(2) Fabricated metal wall construction.Metal wall construction is to consist ofsectional sheets of steel or aluminumnot less than number 14-gauge, se-curely fastened to a metal framework.Metal wall construction is either linedinside with brick, solid cement blocks,hardwood not less than four inchesthick, or will have at least a six inchsand fill between interior and exteriorwalls. Interior walls are to be con-structed of, or covered with, a non-sparking material.

(3) Wood frame wall construction. Theexterior of outer wood walls is to becovered with iron or aluminum not lessthan number 26-gauge. An inner wallof, or covered with nonsparking mate-rial will be constructed so as to providea space of not less than six inches be-tween the outer and inner walls. Thespace is to be filled with coarse, drysand or weak concrete.

(4) Floors. Floors are to be con-structed of, or covered with, a non-sparking material and shall be strongenough to bear the weight of the maxi-mum quantity to be stored. Use of pal-lets covered with a nonsparking mate-rial is considered equivalent to a floorconstructed of or covered with a non-sparking material.

(5) Foundations. Foundations are tobe constructed of brick, concrete, ce-ment block, stone, or wood posts. Ifpiers or posts are used, in lieu of a con-tinuous foundation, the space underthe buildings is to be enclosed withmetal.

(6) Roof. Except for buildings withfabricated metal roofs, the outer roof isto be covered with no less than number26-guage iron or aluminum, fastened toat least 7⁄8 inch sheathing.

(7) Bullet-resistant ceilings or roofs.Where it is possible for a bullet to befired directly through the roof and intothe magazine at such an angle that thebullet would strike the explosives with-in, the magazine is to be protected byone of the following methods:

(i) A sand tray lined with a layer ofbuilding paper, plastic, or other non-porous material, and filled with notless than four inches of coarse, drysand, and located at the tops of innerwalls covering the entire ceiling area,except that portion necessary for ven-tilation.

(ii) A fabricated metal roof con-structed of 3⁄16-inch plate steel linedwith four inches of hardwood. (Foreach additional 1⁄16 inch of plate steel,the hardwood lining may be decreasedone inch.)

(8) Doors. All doors are to be con-structed of not less than 1⁄4 inch platesteel and lined with at least two inchesof hardwood. Hinges and hasps are tobe attached to the doors by welding,riveting or bolting (nuts on inside ofdoor). They are to be installed in sucha manner that the hinges and haspscannot be removed when the doors areclosed and locked.

(9) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two pad-lock fastened in separate hasps andstaples; (iii) a combination of a mortiselock and a padlock; (iv) a mortise lockthat requires two keys to open; or (v) athree-point lock. Padlocks must haveat least five tumblers and a case-hardened shackle of at least 3⁄8 inch di-ameter. Padlocks must be protectedwith not less than 1⁄4 inch steel hoodsconstructed so as to prevent sawing orlever action on the locks, hasps, andstaples. These requirements do notapply to magazine doors that are ade-quately secured on the inside by meansof a bolt, lock, or bar that cannot beactuated from the outside.

(10) Ventilation. Ventilation is to beprovided to prevent dampness andheating of stored explosive materials.Ventilation openings must be screenedto prevent the entrance of sparks. Ven-tilation openings in side walls andfoundations must be offset or shieldedfor bullet-resistant purposes. Maga-zines having foundation and roof ven-tilators with the air circulating be-tween the side walls and the floors andbetween the side walls and the ceilingmust have a wooden lattice lining orequivalent to prevent the packages ofexplosive materials from being stackedagainst the side walls and blocking theair circulation.


750

27 CFR Ch. I (4–1–98 Edition)§ 55.208

(11) Exposed metal. No sparking mate-rial is to be exposed to contact withthe stored explosive materials. All fer-rous metal nails in the floor and sidewalls, which might be exposed to con-tact with explosive materials, must beblind nailed, countersunk, or coveredwith a nonsparking lattice work orother nonsparking material.

(b) Igloos, ‘‘Army-type structures’’, tun-nels, and dugouts. Igloo, ‘‘Army-typestructure’’, tunnel, and dugout maga-zines are to be constructed of rein-forced concrete, masonry, metal, or acombination of these materials. Theymust have an earthmound covering ofnot less than 24 inches on the top, sidesand rear unless the magazine meets therequirements of paragraph (a)(7) of thissection. Interior walls and floors mustbe constructed of, or covered with, anonsparking material. Magazines ofthis type are also to be constructed inconformity with the requirements ofparagraph (a)(4) and paragraphs (a)(8)through (11) of this section.


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

(a) Outdoor magazines—(1) General.Outdoor magazines are to be bullet-re-sistant, fire-resistant, weather-resist-ant, theft-resistant, and ventilated.They are to be supported to prevent di-rect contact with the ground and, ifless than one cubic yard in size, mustbe securely fastened to a fixed object.The ground around outdoor magazinesmust slope away for drainage or otheradequate drainage provided. When un-attended, vehicular magazines musthave wheels removed or otherwise ef-fectively immobiliized by kingpin lock-ing devices or other methods approvedby the Director.

(2) Exterior construction. The exteriorand doors are to be constructed of notless than 1⁄4-inch steel and lined with atleast two inches of hardwood. Maga-zines with top openings will have lidswith water-resistant seals or whichoverlap the sides by at least one inchwhen in a closed position.

(3) Hinges and hasps. Hinges and haspsare to be attached to doors by welding,riveting, or bolting (nuts on inside ofdoor). Hinges and hasps must be in-

stalled so that they cannot be removedwhen the doors are closed and locked.

(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two pad-locks fastened in separate hasps andstaples; (iii) a combination of a mortiselock and a padlock; (iv) a mortise lockthat requires two keys to open; or (v) athree-point lock. Padlocks must haveat least five tumblers and a case-hard-ened shackle of at least 3⁄8-inch diame-ter. Padlocks must be protected withnot less than 1⁄4-inch steel hoods con-structed so as to prevent sawing orlever action on the locks, hasps, andstaples. These requirements do notapply to magazine doors that are ade-quately secured on the inside by meansof a bolt, lock, or bar that cannot beactuated from the outside.

(b) Indoor magazines—(1) General. In-door magazines are to be fire-resistantand theft-resistant. They need not bebullet-resistant and weather-resistantif the buildings in which they arestored provide protection from theweather and from bullet penetration.No indoor magazine is to be located ina residence or dwelling. The indoorstorage of high explosives must not ex-ceed a quantity of 50 pounds. Morethan one indoor magazine may be lo-cated in the same building if the totalquantity of explosive materials storeddoes not exceed 50 pounds. Detonatorsmust be stored in a separate magazine(except as provided in § 55.213) and thetotal quantity of detonators must notexceed 5,000.

(2) Exterior construction. Indoor maga-zines are to be constructed of wood ormetal according to one of the followingspecifications:

(i) Wood indoor magazines are tohave sides, bottoms and doors con-structed of at least two inches of hard-wood and are to be well braced at thecorners. They are to be covered withsheet metal of not less than number 26-gauge (.0179 inches). Nails exposed tothe interior of magazines must becountersunk.

(ii) Metal indoor magazines are tohave sides, bottoms and doors con-structed of not less than number 12-gauge (.1046 inches) metal and be linedinside with a nonsparking material.Edges of metal covers must overlapsides at least one inch.


751


(3) Hinges and hasps. Hinges and haspsare to be attached to doors by welding,riveting, or bolting (nuts on inside ofdoor). Hinges and hasps must be in-stalled so that they cannot be removedwhen the doors are closed and locked.

(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two pad-locks fastened in separate hasps andstaples; (iii) a combination of a mortiselock and a padlock; (iv) a mortise lockthat requires two keys to open; or (v) athree-point lock. Padlocks must haveat least five tumblers and a case-hard-ened shackle of at least 3⁄8-inch diame-ter. Padlocks must be protected withnot less than 1⁄4-inch steel hoods con-structed so as to prevent sawing orlever action on the locks, hasps, andstaples. Indoor magazines located in se-cure rooms that are locked as providedin this subparagraph may have eachdoor locked with one steel padlock(which need not be protected by a steelhood) having at least five tumblers anda case-hardened shackle of at least 3⁄8-inch diameter, if the door hinges andlock hasp are securely fastened to themagazine. These requirements do notapply to magazine doors that are ade-quately secured on the inside by meansof a bolt, lock, or bar that cannot beactuated from the outside.

(c) Detonator boxes. Magazines fordetonators in quantities of 100 or lessare to have sides, bottoms and doorsconstructed of not less than number 12-gauge (.1046 inches) metal and linedwith a nonsparking material. Hingesand hasps must be attached so theycannot be removed from the outside.One steel padlock (which need not beprotected by a steel hood) having atleast five tumblers and a case-hardenedshackle of at least 3⁄8-inch diameter issufficient for locking purposes.


A type 3 magazine is a ‘‘day-box’’ orother portable magazine. It must befire-resistant, weather-resistant, andtheft-resistant. A type 3 magazine is tobe constructed of not less than number12-gauge (.1046 inches) steel, lined withat least either 1⁄2-inch plywood or 1⁄2-inch Masonite-type hardboard. Doorsmust overlap sides by at least one inch.Hinges and hasps are to be attached by

welding, riveting or bolting (nuts oninside). One steel padlock (which neednot be protected by a steel hood) hav-ing at least five tumblers and a case-hardened shackle of at least 3⁄8-inch di-ameter is sufficient for locking pur-poses. Explosive materials are not tobe left unattended in type 3 magazinesand must be removed to type 1 or 2magazines for unattended storage.


A type 4 magazine is a building, iglooor ‘‘Army-type structure’’, tunnel, dug-out, box, trailer, or a semitrailer orother mobile magazine.

(a) Outdoor magazines—(1) General.Outdoor magazines are to be fire-resist-ant, weather-resistant, and theft-re-sistant. The ground around outdoormagazines must slope away for drain-age or other adequate drainage be pro-vided. When unattended, vehicularmagazines must have wheels removedor otherwise be effectively immobilizedby kingpin locking devices or othermethods approved by the Director.

(2) Construction. Outdoor magazinesare to be constructed of masonry,metal-covered wood, fabricated metal,or a combination of these materials.Foundations are to be constructed ofbrick, concrete, cement block, stone,or metal or wood posts. If piers or postsare used, in lieu of a continuous foun-dation, the space under the building isto be enclosed with fire-resistant mate-rial. The walls and floors are to be con-structed of, or covered with, a non-sparking material or lattice work. Thedoors must be metal or solid wood cov-ered with metal.


(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two pad-locks fastened in separate hasps andstaples; (iii) a combination of a mortiselock and a padlock; (iv) a mortise lockthat requires two keys to open; or (v) athree-point lock. Padlocks must haveat least five tumblers and case-hard-ened shackle of at least 3⁄8 inch diame-ter. Padlocks must be protected with


752

27 CFR Ch. I (4–1–98 Edition)§ 55.211

not less than 1⁄4 inch steel hoods con-structed so as to prevent sawing orlever action on the locks, hasps, andstaples. These requirements do notapply to magazine doors that are ade-quately secured on the inside by meansof a bolt, lock, or bar that cannot beactuated from the outside.

(b) Indoor magazine—(1) General. In-door magazines are to be fire-resistantand theft-resistant. They need not beweather-resistant if the buildings inwhich they are stored provide protec-tion from the weather. No indoor mag-azine is to be located in a residence ordwelling. The indoor storage of low ex-plosives must not exceed a quantity of50 pounds. More than one indoor maga-zine may be located in the same build-ing if the total quantity of explosivematerials stored does not exceed 50pounds. Detonators that will not massdetonate must be stored in a separatemagazine and the total number of elec-tric detonators must not exceed 5,000.

(2) Construction. Indoor magazines areto be constructed of masonry, metal-covered wood, fabricated metal, or acombination of these materials. Thewalls and floors are to be constructedof, or covered with, a nonsparking ma-terial. The doors must be metal orsolid wood covered with metal.


(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two pad-locks fastened in separate hasps andstaples; (iii) a combination of a mortiselock and padlock; (iv) a mortise lockthat requires two keys to open; or (v) athree-point lock. Padlocks must haveat least five tumblers and a case-hard-ened shackle of at least 3⁄8 inch diame-ter. Padlocks must be protected withnot less than 1⁄4 inch steel hoods con-structed so as to prevent sawing orlever action on the locks, hasps, andstaples. Indoor magazines located in se-cure rooms that are locked as providedin this subparagraph may have eachdoor locked with one steel padlock(which need not be protected by a steelhood) having at least five tumblers anda case-hardened shackle of at least 3⁄8

inch diameter, if the door hinges andlock hasp are securely fastened to themagazine. These requirements do notapply to magazine doors that are ade-quately secured on the inside by meansof a bolt, lock, or bar that cannot beactuated from the outside.


A type 5 magazine is a building, iglooor ‘‘Army-type structure’’, tunnel, dug-out, bin, box, trailer, or a semitraileror other mobile facility.

(a) Outdoor magazines—(1) General.Outdoor magazines are to be weather-resistant and theft-resistant. Theground around magazines must slopeaway for drainage or other adequatedrainage be provided. When unat-tended, vehicular magazines must havewheels removed or otherwise be effec-tively immobilized by kingpin lockingdevices or other methods approved bythe Director.

(2) Construction. The doors are to beconstructed of solid wood or metal.


(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two pad-locks fastened in separate hasps andstaples; (iii) a combination of a mortiselock and a padlock; (iv) a mortise lockthat requires two keys to open; or (v) athree-point lock. Padlocks must haveat least five tumblers and a case-hard-ened shackle of at least 3⁄8 inch diame-ter. Padlocks must be protected withnot less than 1⁄4 inch steel hoods con-structed so as to prevent sawing orlever action on the locks, hasps, andstaples. Trailers, semitrailers, andsimilar vehicular magazines may, foreach door, be locked with one steelpadlock (which need not be protectedby a steel hood) having at least fivetumblers and a case-hardened shackleof at least 3⁄8 inch diameter, if the doorhinges and lock hasp are securely fas-tened to the magazine and to the doorframe. These requirements do notapply to magazine doors that are ade-quately secured on the inside by means


753


of a bolt, lock, or bar that cannot beactuated from the outside.

(5) Placards. The placards required byDepartment of Transportation regula-tions at 49 CFR part 172, subpart F, forthe transportation of blasting agentsshall be displayed on all magazines.

(b) Indoor magazines—(1) General. In-door magazines are to be theft-resist-ant. They need not be weather-resist-ant if the buildings in which they arestored provide protection from theweather. No indoor magazine is to belocated in a residence or dwelling. In-door magazines containing quantitiesof blasting agents in excess of 50pounds are subject to the requirementsof § 55.206 of this subpart.

(2) Construction. The doors are to beconstructed of wood or metal.

(3) Hinges and hasps. Hinges and haspsare to be attached to doors by welding,riveting, or bolting (nuts on inside).Hinges and hasps must be installed sothat they cannot be removed when thedoors are closed and locked.

(4) Locks. Each door is to be equippedwith (i) two mortise locks; (ii) two pad-locks fastened in separate hasps andstaples; (iii) a combination of a mortiselock and a padlock; (iv) a mortise lockthat requires two keys to open; or (v) athree-point lock. Padlocks must haveat least five tumblers and a case-hard-ened shackle of at least 3⁄8 inch diame-ter. Padlocks must be protected withnot less than 1⁄4 inch steel hoods con-structed so as to prevent sawing orlever action on the locks, hasps, andstaples. Indoor magazines located in se-cure rooms that are locked as providedin this subparagraph may have eachdoor locked with one steel padlock(which need not be protected by a steelhood) having at least five tumblers anda case-hardened shackle of at least 3⁄8inch diameter, if the door hinges andlock hasps are securely fastened to themagazine and to the door frame. Theserequirements do not apply to magazinedoors that are adequately secured onthe inside by means of a bolt, lock, orbar that cannot be actuated from theoutside.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, asamended by T.D. ATF–298, 55 FR 21863, May30, 1990]

§ 55.212 Smoking and open flames.Smoking, matches, open flames, and

spark producing devices are not per-mitted:

(a) In any magazine;(b) Within 50 feet of any outdoor

magazine; or(c) Within any room containing an

indoor magazine.

§ 55.213 Quantity and storage restric-tions.

(a) Explosive materials in excess of300,000 pounds or detonators in excessof 20 million are not to be stored in onemagazine unless approved by the Direc-tor.

(b) Detonators are not to be stored inthe same magazine with other explo-sive materials, except under the follow-ing circumstances:

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

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

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

(a) Explosive materials within a mag-azine are not to be placed directlyagainst interior walls and must bestored so as not to interfere with ven-tilation. To prevent contact of storedexplosive materials with walls, a non-sparking lattice work or other non-sparking material may be used.

(b) Containers of explosive materialsare to be stored so that marks are visi-ble. Stocks of explosive materials areto be stored so they can be easilycounted and checked upon inspection.

(c) Except with respect to fiberboardor other nonmetal containers, contain-ers of explosive materials are not to beunpacked or repacked inside a maga-zine or within 50 feet of a magazine,and must not be unpacked or repackedclose to other explosive materials. Con-tainers of explosive materials must beclosed while being stored.

(d) Tools used for opening or closingcontainers of explosive materials areto be of nonsparking materials, exceptthat metal slitters may be used foropening fiberboard containers. A wood


754

27 CFR Ch. I (4–1–98 Edition)§ 55.215

wedge and a fiber, rubber, or woodenmallet are to be used for opening orclosing wood containers of explosivematerials. Metal tools other than non-sparking transfer conveyors are not tobe stored in any magazine containinghigh explosives.

§ 55.215 Housekeeping.Magazines are to be kept clean, dry,

and free of grit, paper, empty packagesand containers, and rubbish. Floors areto be regularly swept. Brooms andother utensils used in the cleaning andmaintenance of magazines must haveno spark-producing metal parts, andmay be kept in magazines. Floorsstained by leakage from explosive ma-terials are to be cleaned according toinstructions of the explosives manufac-turer. When any explosive material hasdeteriorated it is to be destroyed in ac-cordance with the advice or instruc-tions of the manufacturer. The areasurrounding magazines is to be keptclear of rubbish, brush, dry grass, ortrees (except live trees more than 10feet tall), for not less than 25 feet in alldirections. Volatile materials are to bekept a distance of not less than 50 feetfrom outdoor magazines. Living foliagewhich is used to stabilize the earthencovering of a magazine need not be re-moved.

§ 55.216 Repair of magazines.Before repairing the interior of mag-

azines, all explosive materials are to beremoved and the interior cleaned. Be-

fore repairing the exterior of maga-zines, all explosive materials must beremoved if there exists any possibilitythat repairs may produce sparks orflame. Explosive materials removedfrom magazines under repair must be(a) placed in other magazines appro-priate for the storage of those explo-sive materials under this subpart, or(b) placed a safe distance from themagazines under repair where they areto be properly guarded and protecteduntil the repairs have been completed.

§ 55.217 Lighting.

(a) Battery-activated safety lights orbattery-activated safety lanterns maybe used in explosives storage maga-zines.

(b) Electric lighting used in any ex-plosives storage magazine must meetthe standards prescribed by the ‘‘Na-tional Electrical Code,’’ (National FireProtection Association, NFPA 70–81),for the conditions present in the maga-zine at any time. All electrical switch-es are to be located outside of the mag-azine and also meet the standards pre-scribed by the National ElectricalCode.

(c) Copies of invoices, work orders orsimilar documents which indicate thelighting complies with the NationalElectrical Code must be available forinspection by ATF officers.

§ 55.218 Table of distances for storageof explosive materials.

Quantity of explosives Distances in feet

Poundsover

Pounds notover

Inhabited buildings Public highways glassA to D

Passenger railways—public highways withtraffic volume of more

than 3,000 vehicles bay

Separation of maga-zines

Barri-caded

Unbarri-caded

Barri-caded

Unbarri-caded

Barri-caded

Unbarri-caded

Barri-caded

Unbarri-caded

2 5 70 140 30 60 51 102 6 125 10 90 180 35 70 64 128 8 16

10 20 110 220 45 90 81 162 10 2020 30 125 250 50 100 93 186 11 2230 40 140 280 55 110 103 206 12 2440 50 150 300 60 120 110 220 14 2850 75 170 340 70 140 127 254 15 3075 100 190 380 75 150 139 278 16 32

100 125 200 400 80 160 150 300 18 36125 150 215 430 85 170 159 318 19 38150 200 235 470 95 190 175 350 21 42200 250 255 510 105 210 189 378 23 46250 300 270 540 110 220 201 402 24 48300 400 295 590 120 240 221 442 27 54400 500 320 640 130 260 238 476 29 58500 600 340 680 135 270 253 506 31 62


755


Quantity of explosives Distances in feet

Poundsover

Pounds notover

Inhabited buildings Public highways glassA to D

Passenger railways—public highways withtraffic volume of more

than 3,000 vehicles bay

Separation of maga-zines

Barri-caded

Unbarri-caded

Barri-caded

Unbarri-caded

Barri-caded

Unbarri-caded

Barri-caded

Unbarri-caded

600 700 355 710 145 290 266 532 32 64700 800 375 750 150 300 278 556 33 66800 900 390 780 155 310 289 578 35 70900 1,000 400 800 160 320 300 600 36 72

1,000 1,200 425 850 165 330 318 636 39 781,200 1,400 450 900 170 340 336 672 41 821,400 1,600 470 940 175 350 351 702 43 861,600 1,800 490 980 180 360 366 732 44 881,800 2,000 505 1,010 185 370 378 756 45 902,000 2,500 545 1,090 190 380 408 816 49 982,500 3,000 580 1,160 195 390 432 864 52 1043,000 4,000 635 1,270 210 420 474 948 58 1164,000 5,000 685 1,370 225 450 513 1,026 61 1225,000 6,000 730 1,460 235 470 546 1,092 65 1306,000 7,000 770 1,540 245 490 573 1,146 68 1367,000 8,000 800 1,600 250 500 600 1,200 72 1448,000 9,000 835 1,670 255 510 624 1,248 75 1509,000 10,000 865 1,730 260 520 645 1,290 78 156

10,000 12,000 875 1,750 270 540 687 1,374 82 16412,000 14,000 885 1,770 275 550 723 1,446 87 17414,000 16,000 900 1,800 280 560 756 1,512 90 18016,000 18,000 940 1,880 285 570 786 1,572 94 18818,000 20,000 975 1,950 290 580 813 1,626 98 19620,000 25,000 1,055 2,000 315 630 876 1,752 105 21025,000 30,000 1,130 2,000 340 680 933 1,866 112 22430,000 35,000 1,205 2,000 360 720 981 1,962 119 23835,000 40,000 1,275 2,000 380 760 1,026 2,000 124 24840,000 45,000 1,340 2,000 400 800 1,068 2,000 129 25845,000 50,000 1,400 2,000 420 840 1,104 2,000 135 27050,000 55,000 1,460 2,000 440 880 1,140 2,000 140 28055,000 60,000 1,515 2,000 455 910 1,173 2,000 145 29060,000 65,000 1,565 2,000 470 940 1,206 2,000 150 30065,000 70,000 1,610 2,000 485 970 1,236 2,000 155 31070,000 75,000 1,655 2,000 500 1,000 1,263 2,000 160 32075,000 80,000 1,695 2,000 510 1,020 1,293 2,000 165 33080,000 85,000 1,730 2,000 520 1,040 1,317 2,000 170 34085,000 90,000 1,760 2,000 530 1,060 1,344 2,000 175 35090,000 95,000 1,790 2,000 540 1,080 1,368 2,000 180 36095,000 100,000 1,815 2,000 545 1,090 1,392 2,000 185 370

100,000 110,000 1,835 2,000 550 1,100 1,437 2,000 195 390110,000 120,000 1,855 2,000 555 1,110 1,479 2,000 205 410120,000 130,000 1,875 2,000 560 1,120 1,521 2,000 215 430130,000 140,000 1,890 2,000 565 1,130 1,557 2,000 225 450140,000 150,000 1,900 2,000 570 1,140 1,593 2,000 235 470150,000 160,000 1,935 2,000 580 1,160 1,629 2,000 245 490160,000 170,000 1,965 2,000 590 1,180 1,662 2,000 255 510170,000 180,000 1,990 2,000 600 1,200 1,695 2,000 265 530180,000 190,000 2,010 2,010 605 1,210 1,725 2,000 275 550190,000 200,000 2,030 2,030 610 1,220 1,755 2,000 285 570200,000 210,000 2,055 2,055 620 1,240 1,782 2,000 295 590210,000 230,000 2,100 2,100 635 1,270 1,836 2,000 315 630230,000 250,000 2,155 2,155 650 1,300 1,890 2,000 335 670250,000 275,000 2,215 2,215 670 1,340 1,950 2,000 360 720275,000 300,000 2,275 2,275 690 1,380 2,000 2,000 385 770


756

27 CFR Ch. I (4–1–98 Edition)§ 55.219

TABLE: AMERICAN TABLE OF DISTANCES FORSTORAGE OF EXPLOSIVES (DECEMBER 1910),AS REVISED AND APPROVED BY THE INSTI-TUTE OF MAKERS OF EXPLOSIVES—NOVEM-BER 5, 1971

Notes to the Table of Distances for Storage ofExplosives

(1) Terms found in the table of distancesfor storage of explosive materials are definedin § 55.11.

(2) When two or more storage magazinesare located on the same property, each mag-azine must comply with the minimum dis-tances specified from inhabited buildings,railways, and highways, and, in addition,they should be separated from each other bynot less than the distances shown for ‘‘Sepa-ration of Magazines,’’ except that the quan-tity of explosives contained in cap magazinesshall govern in regard to the spacing of saidcap magazines from magazines containingother explosives. If any two or more maga-zines are separated from each other by lessthan the specified ‘‘Separation of Maga-zines’’ distances, then such two or moremagazines, as a group, must be considered asone magazine, and the total quantity of ex-plosives stored in such group must be treatedas if stored in a single magazine located onthe site of any magazine of the group, andmust comply with the minimum of distancesspecified from other magazines, inhabitedbuildings, railways, and highways.

(3) All types of blasting caps in strengthsthrough No. 8 cap should be rated at 11⁄2 lbs.of explosives per 1,000 caps. For strengthshigher than No. 8 cap, consult the manufac-turer.

(4) For quantity and distance purposes,detonating cord of 50 or 60 grains per footshould be calculated as equivalent to 9 lbs. ofhigh explosives per 1,000 feet. Heavier orlighter core loads should be rated propor-tionately.

§ 55.219 Table of distances for storageof low explosives.

Pounds From in-habitedbuildingdistance

(feet)

From pub-lic railroadand high-way dis-

tance(feet)

Fromaboveground

magazine(feet)

Over Not over

0 1,000 75 75 501,000 5,000 115 115 755,000 10,000 150 150 100

10,000 20,000 190 190 12520,000 30,000 215 215 14530,000 40,000 235 235 15540,000 50,000 250 250 16550,000 60,000 260 260 17560,000 70,000 270 270 18570,000 80,000 280 280 19080,000 90,000 295 295 19590,000 100,000 300 300 200

100,000 200,000 375 375 250

Pounds From in-habitedbuildingdistance

(feet)

From pub-lic railroadand high-way dis-

tance(feet)

Fromaboveground

magazine(feet)

Over Not over

200,000 300,000 450 450 300

§ 55.220 Table of separation distancesof ammonium nitrate and blastingagents from explosives or blastingagents.

TABLE: DEPARTMENT OF DEFENSE AMMUNITIONAND EXPLOSIVES STANDARDS, TABLE 5–4.1EXTRACT; 4145.27 M, MARCH 1969

Donor weight (pounds) Minimum separationdistance of acceptor

from donor when barri-caded (ft.)

Minimumthicknessof artificialbarricades

(in.)Over Not over Ammo-

nium ni-trate

Blastingagent

.................. 100 3 11 12100 300 4 14 12300 600 5 18 12600 1,000 6 22 12

1,000 1,600 7 25 121,600 2,000 8 29 122,000 3,000 9 32 153,000 4,000 10 36 154,000 6,000 11 40 156,000 8,000 12 43 208,000 10,000 13 47 20

10,000 12,000 14 50 2012,000 16,000 15 54 2516,000 20,000 16 58 2520,000 25,000 18 65 2525,000 30,000 19 68 3030,000 35,000 20 72 3035,000 40,000 21 76 3040,000 45,000 22 79 3545,000 50,000 23 83 3550,000 55,000 24 86 3555,000 60,000 25 90 3560,000 70,000 26 94 4070,000 80,000 28 101 4080,000 90,000 30 108 4090,000 100,000 32 115 40

100,000 120,000 34 122 50120,000 140,000 37 133 50140,000 160,000 40 144 50160,000 180,000 44 158 50180,000 200,000 48 173 50200,000 220,000 52 187 60220,000 250,000 56 202 60250,000 275,000 60 216 60275,000 300,000 64 230 60

TABLE: NATIONAL FIRE PROTECTION ASSOCIA-TION (NFPA) OFFICIAL STANDARD NO. 492,1968

Notes of Table of Separation Distances of Am-monium Nitrate and Blasting Agents From Ex-plosives or Blasting Agents

(1) This table specifies separation distancesto prevent explosion of ammonium nitrateand ammonium nitrate-based blasting agentsby propagation from nearby stores of high


757


1 Definition and Test Procedures for Am-monium Nitrate Fertilizer, Fertilizer Insti-tute 1015–18th St. N.W. Washington, DC 20036.

explosives or blasting agents referred to inthe table as the ‘‘donor.’’ Ammonium ni-trate, by itself, is not considered to be adonor when applying this table. Ammoniumnitrate, ammonium nitrate-fuel oil or com-binations thereof are acceptors. If stores ofammonium nitrate are located within thesympathetic detonation distance of explo-sives or blasting agents, one-half the mass ofthe ammonium nitrate is to be included inthe mass of the donor.

(2) When the ammonium nitrate and/orblasting agent is not barricaded, the dis-tances shown in the table must be multipliedby six. These distances allow for the possibil-ity of high velocity metal fragments frommixers, hoppers, truck bodies, sheet metalstructures, metal containers, and the likewhich may enclose the ‘‘donor.’’ Where ex-plosives storage is in bullet-resistant maga-zines or where the storage is protected by abullet-resistant wall, distances and barricadethicknesses in excess of those prescribed inthe table in § 55.218 are not required.

(3) These distances apply to ammonium ni-trate that passes the insensitivity test pre-scribed in the definition of ammonium ni-trate fertilizer issued by the Fertilizer Insti-tute.1Ammonium nitrate failing to pass thetest must be stored at separation distancesin accordance with the table in § 55.218.

(4) These distances apply to blastingagents which pass the insensitivity test pre-scribed in regulations of the U.S. Depart-ment of Transportation (49 CFR part 173).

(5) Earth or sand dikes, or enclosures filledwith the prescribed minimum thickness ofearth or sand are acceptable artificial barri-cades. Natural barricades, such as hills ortimber of sufficient density that the sur-rounding exposures which require protectioncannot be seen from the ‘‘donor’’ when thetrees are bare of leaves, are also acceptable.

(6) For determining the distances to bemaintained from inhabited buildings, pas-senger railways, and public highways, usethe table in § 55.218.

§ 55.221 Requirements for special fire-works, pyrotechnic compositions,and explosive materials used in as-sembling fireworks.

(a) Special fireworks, pyrotechniccompositions and explosive materialsused to assemble fireworks shall bestored at all times as required by thissubpart 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 explo-sive materials are permitted at onetime in any fireworks mixing building,any building or area in which the pyro-technic compositions or explosive ma-terials are pressed or otherwise pre-pared for finishing or assembly, or anyfinishing or assembly building. All py-rotechnic compositions or explosivematerials not in immediate use will bestored in covered, non-ferrous contain-ers.

(c) The maximum quantity of flashpowder permitted in any fireworksprocess building is 10 pounds (4.5 kg).

(d) All dry explosive powders andmixtures, partially assembled specialfireworks, and finished special fire-works shall be removed from fireworksprocess buildings at the conclusion of aday’s operations and placed in ap-proved magazines.

[T.D. ATF–293, 55 FR 3722, Feb. 5, 1990]

§ 55.222 Table of distances betweenfireworks process buildings and be-tween fireworks process and fire-works nonprocess buildings.

Net weight offireworks 1

(pounds)

Special fireworks 2

(feet)Common fire-works 3 (feet)

0–100 ............. 57 ........................... 37101–200 ............. 69 ........................... 37201–300 ............. 77 ........................... 37301–400 ............. 85 ........................... 37401–500 ............. 91 ........................... 37Above 500 ......... Not permitted 4 5 .... Not permitted 4 5

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

2 The distances in this column apply only with natural or ar-tificial barricades. If such barricades are not used, the dis-tances must be doubled.

3 While common fireworks in a finished state are not subjectto regulation, explosive materials used to manufacture or as-semble such fireworks are subject to regulation. Thus, fire-works process buildings where common fireworks are beingprocessed must meet these requirements.

4 A maximum of 500 pounds of in-process pyrotechnic com-positions, either loose or in partially-assembled fireworks, ispermitted in any fireworks process building. Finished specialfireworks may not be stored in a fireworks process building.

5 A maximum of 10 pounds of flash powder, either in looseform or in assembled units, is permitted in any fireworks proc-ess building. Quantities in excess of 10 pounds must be keptin an approved magazine.

[T.D. ATF–293, 55 FR 3723, Feb. 5, 1990]


758

27 CFR Ch. I (4–1–98 Edition)§ 55.223

§ 55.223 Table of distances betweenfireworks process buildings andother specified areas.

DISTANCE FROM PASSENGER RAILWAYS, PUBLICHIGHWAYS, FIREWORKS PLANT BUILDINGSUSED TO STORE COMMON FIREWORKS, MAG-AZINES AND FIREWORKS SHIPPING BUILDINGS,AND INHABITED BUILDINGS 3 4.

Net weight of fire-works 1 (pounds)

Special fireworks 1

(feet)Common fire-works 2 (feet)

0–100 .................. 200 ...................... 25101–200 ................. 200 ...................... 50201–300 ................. 200 ...................... 50301–400 ................. 200 ...................... 50401–500 ................. 200 ...................... 50Above 500 .............. Not permitted ....... Not permitted.

1 Net weight is the weight of all pyrotechnic compositions,and exposive materials and fuse only.

2 While common fireworks in a finished state are not subjectto regulation, explosive materials used to manufacture or as-semble such fireworks are subject to regulation. Thus, fire-works process buildings where common fireworks are beingprocessed must meet these requirements.

3 This table does not apply to the separation distances be-tween fireworks process buildings (see § 55.222) and betweenmagazines (see §§ 55.218 and 55.224).

4 The distances in this table apply with or without artificial ornatural barricades or screen barricades. However, the use ofbarricades is highly recommended.

[T.D. ATF–293, 55 FR 3723, Feb. 5, 1990]

§ 55.224 Table of distances for the stor-age of special fireworks (exceptbulk salutes).

Net weight of fire-work 1 (pounds)

Distance betweenmagazine and inhab-

ited building, pas-senger railway, orpublic highway 3 4

(feet)

Distancebetween

magazines 2

(feet)

0–1000 ....................... 150 ............................ 1001001–5000 ................. 230 ............................ 1505001–10000 ............... 300 ............................ 200Above 10000 .............. Use table § 55.218 ....................

1 Net weight is the weight of all pyrotechnic compositions,and exposive materials and fuse only.

2 For the purposes of applying this table, the term ‘‘maga-zine’’ also includes fireworks shipping buildings for specialfireworks.

3 For fireworks storage magazines in use prior to (30 daysfrom the date of publication of the final rule in the FederalRegister), the distances in this table may be halved if properlybarricaded between the magazine and potential receptorsites.

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

[T.D. ATF–293, 55 FR 3723, Feb. 5, 1990]


part 55—commerce in explosives...explosives. 55.220table of separation distances of am-monium...

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