[Code of Federal Regulations] [Title 27, Volume 1, Parts 1 to 199] [Revised as of April 1, 1999] From the U.S. Government Printing Office via GPO Access [CITE: 27CFR55] [Page 730-776] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY PART 55--COMMERCE IN EXPLOSIVES Subpart A--Introduction Sec. 55.1 Scope of regulations. 55.2 Relation to other provisions of law. Subpart B--Definitions 55.11 Meaning of terms. Subpart C--Administrative and Miscellaneous Provisions 55.21 Forms prescribed. 55.22 Alternate methods or procedures; emergency variations from requirements. 55.23 List of explosive materials. 55.24 Right of entry and examination. 55.25 Disclosure of information. 55.26 Prohibited shipment, transportation, receipt, possession, or distribution of explosive materials. [[Page 731]] 55.27 Out-of-State disposition of explosive materials. 55.28 Stolen explosive materials. 55.29 Unlawful storage. 55.30 Reporting theft or loss of explosive materials. 55.31 Inspection of site of accidents or fires; right of entry. 55.32 Special explosive devices. Subpart D--Licenses and Permits 55.41 General. 55.42 License fees. 55.43 Permit fees. 55.44 License or permit fee not refundable. 55.45 Original license or permit. 55.46 Renewal of license or permit. 55.47 Insufficient fee. 55.48 Abandoned application. 55.49 Issuance of license or permit. 55.50 Correction of error on license or permit. 55.51 Duration of license or permit. 55.52 Limitations on license or permit. 55.53 License and permit not transferable. 55.54 Change of address. 55.55 Change in class of explosive materials. 55.56 Change in trade name. 55.57 Change of control. 55.58 Continuing partnerships. 55.59 Right of succession by certain persons. 55.60 Certain continuances of business or operations. 55.61 Discontinuance of business or operations. 55.62 State or other law. 55.63 Explosives magazine changes. Subpart E--License and Permit Proceedings 55.71 Opportunity for compliance. 55.72 Denial of initial application. 55.73 Hearing after initial application is denied. 55.74 Denial of renewal application or revocation of license or permit. 55.75 Hearing after denial of renewal application or revocation of license or permit. 55.76 Action by regional director (compliance). 55.77 Designated place of hearing. 55.78 Representation at a hearing. 55.79 Appeal on petition to the Director. 55.80 Court review. 55.81 Service on applicant, licensee, or permittee. 55.82 Provisions of part 200 made applicable. 55.83 Operations by licensees or permittees after notice of denial or revocation. Subpart F--Conduct of Business or Operations 55.101 Posting of license or permit. 55.102 Authorized operations by permittees. 55.103 Transactions among licensees/permittees. 55.104 Certified copy of license or permit. 55.105 Distributions to nonlicensees and nonpermittees. 55.106 Certain prohibited distributions. 55.107 Record of transactions. 55.108 Importation. 55.109 Identification of explosive materials. Subpart G--Records and Reports 55.121 General. 55.122 Records maintained by licensed importers. 55.123 Records maintained by licensed manufacturers. 55.124 Records maintained by licensed dealers. 55.125 Records maintained by permittees. 55.126 Explosives transaction record. 55.127 Daily summary of magazine transactions. 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 license. 55.162 False statement or representation. 55.163 False entry in record. 55.164 Unlawful storage. 55.165 Failure to report theft or loss. 55.166 Seizure or forfeiture. Subpart J--Marking of Plastic Explosives 55.180 Prohibitions relating to unmarked plastic 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. [[Page 732]] 55.211 Construction of type 5 magazines. 55.212 Smoking and open flames. 55.213 Quantity and storage restrictions. 55.214 Storage within types 1, 2, 3, and 4 magazines. 55.215 Housekeeping. 55.216 Repair of magazines. 55.217 Lighting. 55.218 Table of distances for storage of explosive materials. 55.219 Table of distances for storage of low explosives. 55.220 Table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents. 55.221 Requirements for display fireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks or articles pyrotechnic. 55.222 Table of distances between fireworks process buildings and between fireworks process and fireworks nonprocess buildings. 55.223 Table of distances between fireworks process buildings and other specified areas. 55.224 Table of distances for the storage of display 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 Sec. 55.1 Scope of regulations. (a) In general. The regulations contained in this part relate to commerce in explosives and implement Title XI, Regulation of Explosives (18 U.S.C. Chapter 40; 84 Stat. 952), of the Organized Crime Control Act of 1970 (84 Stat. 922), Public Law 103-322 (108 Stat. 1796), and Public Law 104-132 (110 Stat. 1214). (b) Procedural and substantive requirements. This part contains the procedural and substantive requirements relative to: (1) The interstate or foreign commerce in explosive materials; (2) The licensing of manufacturers and importers of, and dealers in, explosive materials; (3) The issuance of user permits; (4) The conduct of business by licensees and operations by permittees; (5) The storage of explosive materials; (6) The records and reports required of licensees and permittees; (7) Relief from disabilities under this part; (8) Exemptions, unlawful acts, penalties, seizures, and forfeitures; and (9) The marking of plastic explosives. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-363, 60 FR 17449, Apr. 6, 1995; T.D. ATF-387, 62 FR 8376, Feb. 25, 1997] Sec. 55.2 Relation to other provisions of law. The provisions in this part are in addition to, and are not in lieu of, any other provision of law, or regulations, respecting commerce in explosive materials. For regulations applicable to commerce in firearms and ammunition, see Part 178 of this chapter. For regulations applicable to traffic in machine guns, destructive devices, and certain other firearms, see Part 179 of this chapter. For statutes applicable to the registration and licensing of persons engaged in the business of manufacturing, importing or exporting arms, ammunition, or implements of war, see section 38 of the Arms Export Control Act (22 U.S.C. 2778), and regulations of Part 47 of this chapter and in Parts 121 through 128 of Title 22, Code of Federal Regulations. For statutes applicable to nonmailable materials, see 18 U.S.C. 1716 and implementing regulations. For statutes applicable to water quality standards, see 33 U.S.C. 1341. Subpart B--Definitions Sec. 55.11 Meaning of terms. When used in this part, terms are defined as follows in this section. Words in the plural form include the singular, and vice versa, and words indicating the masculine gender include the feminine. The terms ``includes'' and ``including'' do not exclude other things not named which are in the same general class or are otherwise within the scope of the term defined. Act. 18 U.S.C. Chapter 40. Ammunition. Small arms ammunition or cartridge cases, primers, bullets, or smokeless propellants designed for use in small arms, including percussion caps, and 3/32 inch and other external burning pyrotechnic hobby fuses. The term does not include black powder. Approved storage facility. A place where explosive materials are stored, [[Page 733]] consisting of one or more approved magazines, conforming to the requirements of this part and covered by a license or permit issued under this part. Articles pyrotechnic. Pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use. Such articles meeting the weight limits for consumer fireworks but not labeled as such and classified by U.S. Department of Transportation regulations in 49 CFR 172.101 as UN0431 or UN0432. Artificial barricade. An artificial mound or revetted wall of earth of a minimum thickness of three feet, or any other approved barricade that offers equivalent protection. ATF officer. An officer or employee of the Bureau of Alcohol, Tobacco and Firearms (ATF) authorized to perform any function relating to the administration or enforcement of this part. Authority having jurisdiction for fire safety. The fire department having jurisdiction over sites where explosives are manufactured or stored. Barricaded. The effective screening of a magazine containing explosive materials from another magazine, a building, a railway, or a highway, either by a natural barricade or by a artificial barricade. To be properly barricaded, a straight line from the top of any sidewall of the magazine containing explosive materials to the eave line of any other magazine or building, or to a point 12 feet above the center of a railway or highway, will pass through the natural or artificial barricade. Blasting agent. Any material or mixture, consisting of fuel and oxidizer, that is intended for blasting and not otherwise defined as an explosive; if the finished product, as mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined. A number 8 test blasting cap is one containing 2 grams of a mixture of 80 percent mercury fulminate and 20 percent potassium chlorate, or a blasting cap of equivalent strength. An equivalent strength cap comprises 0.40-0.45 grams of PETN base charge pressed in an aluminum shell with bottom thickness not to exceed to 0.03 of an inch, to a specific gravity of not less than 1.4 g/cc., and primed with standard weights of primer depending on the manufacturer. Bulk salutes. Salute components prior to final assembly into aerial shells, and finished salute shells held separately prior to being packed with other types of display fireworks. Bullet-sensitive explosive materials. Explosive materials that can be exploded by 150-grain M2 ball ammunition having a nominal muzzle velocity of 2700 fps (824 mps) when fired from a .30 caliber rifle at a distance of 100 ft (30.5 m), measured perpendicular. The test material is at a temperature of 70 to 75 degrees F (21 to 24 degrees C) and is placed against a \1/2\ inch (12.4 mm) steel backing plate. Bureau. The Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, Washington, DC. Business premises. When used with respect to a manufacturer, importer, or dealer, the property on which explosive materials are manufactured, imported, stored or distributed. The premises include the property where the records of a manufacturer, importer, or dealer are kept if different than the premises where explosive materials are manufactured, imported, stored or distributed. When used with respect to a user of explosive materials, the property on which the explosive materials are received or stored. The premises includes the property where the records of the users are kept if different than the premises where explosive materials are received or stored. Chief, Firearms and Explosives Licensing Center. The AFT official responsible for the issuance and renewal of licenses and permits under this part. Consumer fireworks. Any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials. Consumer fireworks are classified as fireworks UN0336, and [[Page 734]] UN0337 by the U.S. Department of Transportation at 49 CFR 172.101. This term does not include fused setpieces containing components which together exceed 50 mg of salute powder. Crime punishable by imprisonment for a term exceeding one year. Any offense for which the maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of one year. The term does not include (a) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or (b) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less. Customs officer. Any officer of the Customs Service or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person authorized to perform the duties of an officer of the Customs Service. Dealer. Any person engaged in the business of distributing explosive materials at wholesale or retail. Detonator. Any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating-cord delay connectors, and nonelectric instantaneous and delay blasting caps. Director. The Director, Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, Washington, DC. Display fireworks. Large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more than 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as ``consumer fireworks.'' Display fireworks are classified as fireworks UN0333, UN0334 or UN0335 by the U.S. Department of Transportation at 49 CFR 172.101. This term also includes fused setpieces containing components which together exceed 50 mg of salute powder. Distribute. To sell, issue, give, transfer, or otherwise dispose of. The term does not include a mere change of possession from a person to his agent or employee in connection with the agency or employment. Executed under penalties of perjury. Signed with the required declaration under the penalties of perjury as provided on or with respect to the return, form, or other document or, where no form of declaration is required, with the declaration: ``I declare under the penalties of perjury that this--(insert type of document, such as, statement, application, request, certificate), including the documents submitted in support thereof, has been examined by me and, to the best of my knowledge and belief, is true, correct, and complete''. Explosive actuated device. Any tool or special mechanized device which is actuated by explosives, but not a propellent actuated device. Explosive materials. Explosives, blasting agents, water gels and detonators. Explosive materials include, but are not limited to, all items ``in the List of Explosive Materials'' provided for in Sec. 55.23. Explosives. Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. Fireworks. Any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of ``consumer fireworks'' or ``display fireworks'' as defined by this section. Fireworks mixing building. Any building or area used for mixing and blending pyrotechnic compositions except wet sparkler mix. Fireworks nonprocess building. Any office building or other building or area in a fireworks plant where no fireworks, pyrotechnic compositions or explosive materials are processed or stored. Fireworks plant. All land and buildings thereon used for or in connection [[Page 735]] with the assembly or processing of fireworks, including warehouses used with or in connection with fireworks plant operations. Fireworks plant warehouse. Any building or structure used exclusively for the storage of materials which are neither explosive materials nor pyrotechnic compositions used to manufacture or assemble fireworks. Fireworks process building. Any mixing building; any building in which pyrotechnic compositions or explosive materials is pressed or otherwise prepared for finished and assembly; or any finishing or assembly building. Fireworks shipping building. A building used for the packing of assorted display fireworks into shipping cartons for individual public displays and for the loading of packaged displays for shipment to purchasers. Flash powder. An explosive material intended to produce an audible report and a flash of light when ignited which includes but is not limited to oxidizers such as potassium chlorate or potassium perchlorate, and fuels such as sulfur or aluminum powder. Fugitive from justice. Any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. The term also includes any person who has been convicted of any crime and has fled to avoid imprisonment. Hardwood. Oak, maple, ash, hickory, or other hard wood, free from loose knots, spaces, or similar defects. Highway. Any public street, public alley, or public road, including a privately financed, constructed, or maintained road that is regularly and openly traveled by the general public. Importer. Any person engaged in the business of importing or bringing explosive materials into the United States for purposes of sale or distribution. Indictment. Includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted. Inhabited building. Any building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other structure where people are accustomed to assemble, except any building occupied in connection with the manufacture, transportation, storage, or use of explosive materials. Interstate or foreign commerce. Commerce between any place in a State and any place outside of that State, or within any possession of the United States or the District of Columbia, and commerce between places within the same State but through any place outside of that State. Licensed dealer. A dealer licensed under this part. Licensed importer. An importer licensed under this part. Licensed manufacturer. A manufacturer licensed under this part to engage in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use. Licensee. Any importer, manufacturer, or dealer licensed under this part. Magazine. Any building or structure, other than an explosives manufacturing building, used for storage of explosive materials. Manufacturer. Any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use. Mass detonation (mass explosion). Explosive materials mass detonate (mass explode) when a unit or any part of a larger quantity of explosive material explodes and causes all or a substantial part of the remaining material to detonate or explode. Natural barricade. Natural features of the ground, such as hills, or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the magazine when the trees are bare of leaves. Number 8 test blasting cap. (See definition of ``blasting agent.'') Permittee. Any user of explosives for lawful purpose, who has obtained a user permit under this part. Person. Any individual, corporation, company, association, firm, partnership, society, or joint stock company. Plywood. Exterior, construction grade (laminated wood) plywood. [[Page 736]] Propellant actuated device. Any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge. Pyrotechnic compositions. A chemical mixture which, upon burning and without explosion, produces visible, brilliant displays, bright lights, or sounds. Railway. Any steam, electric, or other railroad or railway which carries passengers for hire. Region. A geographical region of the Bureau of Alcohol, Tobacco and Firearms. Regional director (compliance). The principal regional official responsible for administering regulations in this part. Salute. An aerial shell, classified as a display firework, that contains a charge of flash powder and is designed to produce a flash of light and a loud report as the pyrotechnic effect. Screen barricade. Any barrier that will contain the embers and debris from a fire or deflagration in a process building, thus preventing propagation of fire to other buildings or areas. Such barriers shall be constructed of metal roofing, \1/4\ to \1/2\ inch (6 to 13 mm) mesh screen, or equivalent material. The barrier extends from floor level to a height such that a straight line from the top of any side wall of the donor building to the eave line of any exposed building intercepts the screen at a point not less than 5 feet (1.5 m) from the top of the screen. The top 5 feet (1.5 m) of the screen is inclined towards the donor building at an angle of 30 to 45 degrees. Softwood. Fir, pine, or other soft wood, free from loose knots, spaces, or similar defects. State. A State of the United States. The term includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States. State of residence. The State in which an individual regularly resides or maintains his home. Temporary stay in a State does not make the State of temporary stay the State of residence. Theatrical flash powder. Flash powder commercially manufactured in premeasured kits not exceeding 1 ounce and mixed immediately prior to use and intended for use in theatrical shows, stage plays, band concerts, magic acts, thrill shows, and clown acts in circuses. U.S.C. The United States Code. User-limited permit. A user permit valid only for a single purchase transaction, a new permit being required for a subsequent purchase transaction. User permit. A permit issued to a person authorizing him (a) to acquire for his own use explosive materials from a licensee in a State other than the State in which he resides or from a foreign country, and (b) to transport explosive materials in interstate or foreign commerce. Water gels. Explosives or blasting agents that contain a substantial proportion of water. (18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended 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; T.D. ATF-400, 63 FR 45001, Aug. 24, 1998] Subpart C--Administrative and Miscellaneous Provisions Sec. 55.21 Forms prescribed. (a) The Director is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished as indicated by the headings on the form and the instructions on or pertaining to the form. In addition, information called for in each form shall be furnished as required by this part. (b) Requests for forms should be mailed to the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153. [T.D. ATF-92, 46 FR 46916, Sept. 23, 1981, as amended by T.D. ATF-249, 52 FR 5961, Feb. 27, 1987; T.D. 372, 61 FR 20724, May 8, 1996] Sec. 55.22 Alternate methods or procedures; emergency variations from requirements. (a) Alternate methods or procedures. The permittee or licensee, on specific approval by the Director as provided by this paragraph, may use an alternate [[Page 737]] method or procedure in lieu of a method or procedure specifically prescribed in this part. The Director may approve an alternate method or procedure, subject to stated conditions, when he finds that: (1) Good cause is shown for the use of the alternate method or procedure; (2) The alternate method or procedure is within the purpose of, and consistent with the effect intended by, the specifically prescribed method or procedure and that the alternate method or procedure is substantially equivalent to that specifically prescribed method or procedure; and (3) The alternate method or procedure will not be contrary to any provision of law and will not result in an increase in cost to the Government or hinder the effective administration of this part. Where the permittee or licensee desires to employ an alternate method or procedure, he shall submit a written application to the regional director (compliance), for transmittal to the Director. The application shall specifically describe the proposed alternate method or procedure and shall set forth the reasons for it. Alternate methods or procedures may not be employed until the application is approved by the Director. The permittee or licensee shall, during the period of authorization of an alternate method or procedure, comply with the terms of the approved application. Authorization of any alternate method or procedure may be withdrawn whenever, in the judgment of the Director, the effective administration of this part is hindered by the continuation of the authorization. As used in this paragraph, alternate methods or procedures include alternate construction or equipment. (b) Emergency variations from requirements. The Director may approve construction, equipment, and methods of operation other than as specified in this part, where he finds that an emergency exists and the proposed variations from the specified requirements are necessary and the proposed variations: (1) Will afford security and protection that are substantially equivalent to those prescribed in this part; (2) Will not hinder the effective administration of this part; and (3) Will not be contrary to any provisions of law. Variations from requirements granted under this paragraph are conditioned on compliance with the procedures, conditions, and limitations set forth in the approval of the application. Failure to comply in good faith with the procedures, conditions, and limitations shall automatically terminate the authority for the variations and the licensee or permittee shall fully comply with the prescribed requirements of regulations from which the variations were authorized. Authority for any variation may be withdrawn whenever, in the judgment of the Director, the effective administration of this part is hindered by the continuation of the variation. Where the licensee or permittee desires to employ an emergency variation, he shall submit a written application to the regional director (compliance) for transmittal to the Director. The application shall describe the proposed variation and set forth the reasons for it. Variations may not be employed until the application is approved, except when the emergency requires immediate action to correct a situation that is threatening to life or property. Corrective action may then be taken concurrent with the filing of the application and notification of the Director via telephone. (c) Retention of approved variations. The licensee or permittee shall retain, as part of his records available for examination by ATF officers, any application approved by the Director under this section. Sec. 55.23 List of explosive materials. The Director shall compile a list of explosive materials, which shall be published and revised at least annually in the Federal Register. The ``List of Explosive Materials'' (AFT Publication 5400.8) is available at no cost upon request from the ATF Distribution Center, 7943 Angus Court, Springfield, Virginia 22153. [T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] [[Page 738]] Sec. 55.24 Right of entry and examination. Any ATF officer may enter during business hours the premises, including places of storage, of any licensee or permittee for the purpose of inspecting or examining any records or documents required to be kept under this part, and any explosive materials kept or stored at the premises. Sec. 55.25 Disclosure of information. Upon receipt of written request from any State or any political subdivision of a State, the regional director (compliance) may make available to the State or politicial subdivision any information which the regional director (compliance) may obtain under the Act with respect to the identification of persons within the State or political subdivision, who have purchased or received explosive materials, together with a description of the explosive materials. Sec. 55.26 Prohibited shipment, transportation, receipt, possession, or distribution of explosive materials. (a) No person, other than a licensee or permittee, shall transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials. This paragraph does not apply to: (1) The transportation, shipment, or receipt of explosive materials by a nonlicensed person or nonpermittee who lawfully purchases explosive materials from a licensee in a State contiguous to the purchaser's State of residence if, (i) the purchaser's State of residence has enacted legislation, currently in force, specifically authorizing a resident of that State to purchase explosive materials in a contiguous State, (ii) the provisions of Sec. 55.105(c) are fully complied with, and (iii) the purchaser is not otherwise prohibited under paragraph (b) of this section from shipping or transporting explosive materials in interstate or foreign commerce or receiving explosive materials which have been shipped or transported in interstate or foreign commerce; or (2) The lawful purchase by a nonlicensee or nonpermittee of commercially manufactured black powder in quantities not to exceed 50 pounds, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16), or in antique devices as exempted from the term ``destructive device'' in 18 U.S.C. 921(a)(4). (b) No person may ship or transport any explosive material in interstate or foreign commerce or receive or possess any explosive materials which have been shipped or transported in interstate or foreign commerce who: (1) Is under indictment or information for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year, (2) Is a fugitive from justice, (3) Is an unlawful user of or addicted to marijuana, or any depressant or stimulant drug, or narcotic drug (as these terms are defined in the Controlled Substances Act; 21 U.S.C. 802), or (4) Has been adjudicated as a mental defective or has been committed to a mental institution. (c) No person shall knowingly distribute explosive materials to any individual who: (1) Is under twenty-one years of age, (2) Is under indictment or information for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year, (3) Is a fugitive from justice, (4) Is an unlawful user of or addicted to marijuana, or any depressant or stimulant drug, or narcotic drug (as these terms are defined in the Controlled Substances Act; 21 U.S.C. 802), or (5) Has been adjudicated as a mental defective or has been committed to a mental institution. (d) See Sec. 55.180 for regulations concerning the prohibited manufacture, importation, exportation, shipment, transportation, receipt, transfer, or possession of plastic explosives that do not contain a detection agent. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended 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] [[Page 739]] Sec. 55.27 Out-of-State disposition of explosive materials. No nonlicensee or nonpermittee shall distribute any explosive materials to any other nonlicensee or nonpermittee who the distributor knows or has reasonable cause to believe does not reside in the State in which the distributor resides. Sec. 55.28 Stolen explosive materials. No person shall receive, conceal, transport, ship, store, barter, sell, or dispose of any stolen explosive materials knowing or having reasonable cause to believe that the explosive materials were stolen. Sec. 55.29 Unlawful storage. No person shall store any explosive materials in a manner not in conformity with this part. Sec. 55.30 Reporting theft or loss of explosive materials. (a) Any licensee or permittee who has knowledge of the theft or loss of any explosive materials from his stock shall, within 24 hours of discovery, report the theft or loss by telephoning 1-800-800-3855 (nationwide toll free number) and on ATF F 5400.5 (formerly Form 4712) in accordance with the instructions on the form. Theft or loss of any explosive materials shall also be reported to appropriate local authorities. (b) Any other person, except a carrier of explosive materials, who has knowledge of the theft or loss of any explosive materials from his stock shall, within 24 hours of discovery, report the theft or loss by telephoning 1-800-800-3855 (nationwide toll free number) and in writing to the nearest ATF office. Theft or loss shall be reported to appropriate local authorities. (c) Reports of theft or loss of explosive materials under paragraphs (a) and (b) of this section must include the following information, if known: (1) The manufacturer or brand name. (2) The manufacturer's marks of identification (date and shift code). (3) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, etc.). (4) Description (dynamite, blasting agents, detonators, etc.) and United Nations (UN) identification number, hazard division number, and classification letter, e.g., 1.1D, as classified by the U.S. Department of Transportation at 49 CFR 172.101 and 173.52. (5) Size (length and diameter). (d) A carrier of explosive materials who has knowledge of the theft or loss of any explosive materials shall, within 24 hours of discovery, report the theft or loss by telephoning 1-800-800-3855 (nationwide toll free number). Theft or loss shall also be reported to appropriate local authorities. Reports of theft or loss of explosive materials by carriers shall include the following information, if known: (1) The manufacturer or brand name. (2) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, etc.). (3) Description (United Nations (UN) identification number, hazard division number, and classification letter, e.g., 1.1D) as classified by the U.S. Department of Transportation at 49 CFR 172.101 and 173.52. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-400, 63 FR 45002, Aug. 24, 1998] Sec. 55.31 Inspection of site accidents or fires; right of entry. Any ATF officer may inspect the site of any accident or fire in which there is reason to believe that explosive materials were involved. Any ATF officer may enter into or upon any property where explosive materials have been used, are suspected of having been used, or have been found in an otherwise unauthorized location. Sec. 55.32 Special explosive devices. The Director may exempt certain explosive actuated devices, explosive actuated tools, or similar devices from the requirements of this part. A person who desires to obtain an exemption under this section for any special explosive device, which as designed does not constitute a public safety or security hazard, shall submit a written request to the Director. Each request shall be executed under the penalties of perjury and contain a complete and accurate description of the device, the name and address of the manufacturer or importer, the purpose of and use for [[Page 740]] which it is intended, and any photographs, diagrams, or drawings as may be necessary to enable the Director to make a determination. The Director may require that a sample of the device be submitted for examination and evaluation. If it is not possible to submit the device, the person requesting the exemption shall advise the Director and designate the place where the device will be available for examination and evaluation. Subpart D--Licenses and Permits Sec. 55.41 General. (a) Each person intending to engage in business as an importer or manufacturer of, or a dealer in, explosive materials, including black powder, shall, before commencing business, obtain the license required by this subpart for the business to be operated. Each person who intends to acquire for use explosive materials from a licensee in a State other than the State in which he resides, or from a foreign country, or who intends to transport explosive materials in interstate or foreign commerce, shall obtain a permit under this subpart; except that it is not necessary to obtain a permit if the user intends to lawfully purchase: (1) Explosive materials from a licensee in a State contiguous to the user's State of residence and the user's State of residence has enacted legislation, currently in force, specifically authorizing a resident of that State to purchase explosive materials in a contiguous State, or (2) Commercially manufactured black powder in quantities not to exceed 50 pounds, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or in antique devices. (b) Each person intending to engage in business as an explosive materials importer, manufacturer, or dealer shall file an application, with the required fee (see Sec. 55.42), with ATF in accordance with the instructions on the form (see Sec. 55.45). A license shall, subject to law, entitle the licensee to transport, ship, and receive explosive materials in interstate or foreign commerce, and to engage in the business specified by the license, at the location described on the license. A separate license must be obtained for each business premises at which the applicant is to manufacture, import, or distribute explosive materials except under the following circumstances: (1) A separate license shall not be required for storage facilities operated by the licensee as an integral part of one business premises or to cover a location used by the licensee solely for maintaining the records required by this part. (2) A separate license shall not be required of a licensed manufacturer with respect to his on-site manufacturing. (3) It shall not be necessary for a licensed importer or a licensed manufacturer (for purposes of sale or distribution) to also obtain a dealer's license in order to engage in business on his licensed premises as a dealer in explosive materials. (4) A separate license shall not be required of licensed manufacturers with respect to their on-site manufacture of theatrical flash powder. (c) Except as provided in paragraph (a) of this section, each person intending to acquire explosive materials from a licensee in a State other than a State in which he resides, or from a foreign country, or who intends to transport explosive materials in interstate or foreign commerce, shall file an application, with the required fee (see Sec. 55.43), with ATF in accordance with the instructions on the form (see Sec. 55.45). A permit shall, subject to law, entitle the permittee to acquire, transport, ship, and receive in interstate or foreign commerce explosive materials of the class authorized by this permit. Only one permit is required under this part. (18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226)) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-200, 50 FR 10497, Mar. 15, 1985; T.D. ATF-314, 56 FR 49140, Sept. 27, 1991; T.D. ATF-400, 63 FR 45002, Aug. 24, 1998] Sec. 55.42 License fees. (a) Each applicant shall pay a fee for obtaining a three year license, a separate fee being required for each business premises, as follows: (1) Manufacturer--$200. (2) Importer--$200. (3) Dealer--$200. [[Page 741]] (b) Each applicant for a renewal of a license shall pay a fee for a three year license as follows: (1) Manufacturer--$100. (2) Importer--$100. (3) Dealer--$100. [T.D. ATF-400, 63 FR 45002, Aug. 24, 1998] Sec. 55.43 Permit fees. (a) Each applicant shall pay a fee for obtaining a permit as follows: (1) User--$100 for a three year permit. (2) User-limited (nonrenewable)--$75. (b) Each applicant for renewal of a user permit shall pay a fee of $50 for a three year permit. [T.D. ATF-400, 63 FR 45002, Aug. 24, 1998] Sec. 55.44 License or permit fee not refundable. No refund of any part of the amount paid as a license or permit fee will be made where the operations of the licensee or permittee are, for any reason, discontinued during the period of an issued license or permit. However, the license or permit fee submitted with an application for a license or permit will be refunded if that application is denied, withdrawn, or abandoned, or if a license is cancelled subsequent to having been issued through administrative error. Sec. 55.45 Original license or permit. (a) Any person who intends to engage in business as an explosive materials importer, manufacturer, or dealer, or who has not timely submitted application for renewal of a previous license issued under this part, shall file with ATF an application for License, Explosives, ATF F 5400.13 with ATF in accordance with the instructions on the form. The application must be executed under the penalties of perjury and the penalties imposed by 18 U.S.C. 844(a). The application is to be accompanied by the appropriate fee in the form of a money order or check made payable to the Bureau of Alcohol, Tobacco and Firearms. ATF F 5400.13 may be obtained from any ATF office. (b) Any person, except as provided in Sec. 55.41(a), who intends to acquire explosive materials from a licensee in a state other than the State in which that person resides, or from a foreign country, or who intends to transport explosive materials in interstate or foreign commerce, or who has not timely submitted application for renewal of a previous permit issued under this part, shall file an application for Permit, Explosives, ATF F 5400.16 or Permit, User Limited Special Fireworks, ATF F 5400.21 with ATF in accordance with the instructions on the form. The application must be executed under the penalties of perjury and the penalties imposed by 18 U.S.C. 844(a). The application is to be accompanied by the appropriate fee in the form of a money order or check made payable to the Bureau of Alcohol, Tobacco and Firearms. ATF F 5400.16 and ATF F 5400.21 may be obtained from any ATF office. (18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226)) [T.D. T.D. ATF-200, 50 FR 10497, Mar. 15, 1985, as amended by T.D. ATF- 400, 63 FR 45002, Aug. 24, 1998] Sec. 55.46 Renewal of license or permit. (a) If a licensee or permittee intends to continue the business or operation described on a license or permit issued under this part after the expiration date of the license or permit, he shall, unless otherwise notified in writing by the Chief, Firearms and Explosives Licensing Center, execute and file prior to the expiration of his license or permit an application for license renewal, ATF F 5400.14 (Part III), or an application for permit renewal, ATF F 5400.15 (Part III), accompanied by the required fee, with ATF in accordance with the instructions on the form. In the event the licensee or permittee does not timely file a renewal application, he shall file an original application as required by Sec. 55.45, and obtain the required license or permit in order to continue business or operations. (b) A user-limited permit is not renewable and is valid for a single purchase transaction. Applications for all user-limited permits must be filed on [[Page 742]] ATF F 5400.16 or ATF F 5400.21, as required by Sec. 55.45. (18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226)) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-200, 50 FR 10497, Mar. 15, 1985; T.D. ATF-290, 54 FR 53054, Dec. 27, 1989; T.D. ATF-400, 63 FR 45002, Aug. 24, 1998] Sec. 55.47 Insufficient fee. If an application is filed with an insufficient fee, the application and fee submitted will be returned to the applicant. (18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226)) [T.D. ATF-200, 50 FR 10498, Mar. 15, 1985] Sec. 55.48 Abandoned application. Upon receipt of an incomplete or improperly executed application, the applicant will be notified of the deficiency in the application. If the application is not corrected and returned within 30 days following the date of notification, the application will be considered as having been abandoned and the license or permit fee returned. Sec. 55.49 Issuance of license or permit. (a) The Chief, Firearms and Explosives Licensing Center, shall issue a license or permit if (1) a properly executed application for the license or permit is received, and (2) through further inquiry or investigation, or otherwise, it is found that the applicant is entitled to the license or permit. The license or permit and one copy will be forwarded to the applicant, except that in the case of a user-limited permit, the original only shall be issued. Each license or permit will bear a serial number and this number may be assigned to the licensee or permittee to whom issued for as long as he maintains continuity of renewal in the same region. (b) The Chief, Firearms and Explosives Licensing Center, shall approve a properly executed application for a license or permit, if: (1) The applicant is 21 years of age or over; (2) The applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not a person to whom distribution of explosive materials is prohibited under the Act; (3) The applicant has not willfully violated any provisions of the Act or this part; (4) The applicant has not knowingly withheld information or has not made any false or fictitious statement intended or likely to deceive, in connection with his application; (5) The applicant has in a State, premises from which he conducts business or operations subject to license or permit under the Act or from which he intends to conduct business or operations; (6) The applicant has storage for the class (as described in Sec. 55.202) of explosive materials described on the application, unless he establishes to the satisfaction of the Chief, Firearms and Explosives Licensing Center that the business or operations to be conducted will not require the storage of explosive materials. (7) The applicant has certified in writing that he is familiar with and understands all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business; and (8) The applicant for a license has submitted the certificate required by section 21 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1341). (c) The Chief, Firearms and Explosives Licensing Center, shall approve or the regional director (compliance) shall deny any application for a license or permit within the 45-day period beginning on the date a properly executed application was received. However, when an applicant for license or permit renewal is a person who is, under the provisions of Sec. 55.83 or Sec. 55.142, conducting business or operations under a previously issued license or permit, action regarding the application will be held in abeyance pending the completion of the proceedings against the applicant's existing license or permit, or renewal application, or [[Page 743]] final action by the Director on an application for relief submitted under Sec. 55.142, as the case may be. (18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226)) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended 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] Sec. 55.50 Correction of error on license or permit. (a) Upon receipt of a license or permit issued under this part, each licensee or permittee shall examine the license or permit to insure that the information on it is accurate. If the license or permit is incorrect, the licensee or permittee shall return the license or permit to the Chief, Firearms and Explosives Licensing Center, with a statement showing the nature of the error. The Chief, Firearms and Explosives Licensing Center, shall correct the error, if the error was made in his office, and return the license or permit. However, if the error resulted from information contained in the licensee's or permittee's application for the license or permit, the Chief, Firearms and Explosives Licensing Center, shall require the licensee or permittee to file an amended application setting forth the correct information and a statement explaining the error contained in the application. Upon receipt of the amended application and a satisfactory explanation of the error, the Chief, Firearms and Explosives Licensing Center, shall make the correction on the license or permit and return it to the licensee or permittee. (b) When the Chief, Firearms and Explosives Licensing Center, finds through any means other than notice from the licensee or permittee that an incorrect license or permit has been issued, (1) the Chief, Firearms and Explosives Licensing Center, may require the holder of the incorrect license or permit to return the license or permit for correction, and (2) if the error resulted from information contained in the licensee's or permittee's application for the license or permit, the Chief, Firearms and Explosives Licensing Center, shall require the licensee or permittee to file an amended application setting forth the correct information, and a statement satisfactorily explaining the error contained in the application. The Chief, Firearms and Explosives Licensing Center, then shall make the correction on the license or permit and return it to the licensee or permittee. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] Sec. 55.51 Duration of license or permit. An original license or permit is issued for a period of three years. A renewal license or permit is issued for a period of three years. However, a user-limited permit is valid only for a single purchase transaction. [T.D. ATF-400, 63 FR 45002, Aug. 24, 1998] Sec. 55.52 Limitations on license or permit. (a) The license covers the business and class (as described in Sec. 55.202) of explosive materials specified in the license at the licensee's business premises (see Sec. 55.41(b)). (b) The permit is valid with respect to the type of operations and class (as described in Sec. 55.202) of explosive materials specified in the permit. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-387, 62 FR 8376, Feb. 25, 1997] Sec. 55.53 License and permit not transferable. Licenses and permits issued under this part are not transferable to another person. In the event of the lease, sale, or other transfer of the business or operations covered by the license or permit, the successor must obtain the license or permit required by this part before commencing business or operations. However, for rules on right of succession, see Sec. 55.59. Sec. 55.54 Change of address. During the term of a license or permit, a licensee or permittee may move his business or operations to a new address at which he intends to regularly carry on his business or operations, without procuring a new license or permit. However, in every case, the licensee or permittee shall-- [[Page 744]] (a) Give notification of the new location of the business or operations to the Chief, Firearms and Explosives Licensing Center at least 10 days before the move; and (b) Submit the license or permit to the Chief, Firearms and Explosives Licensing Center. The Chief, Firearms and Explosives Licensing Center will issue an amended license or permit, which will contain the new address (and new license or permit number, if any). [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] Sec. 55.55 Change in class of explosive materials. A licensee or permittee who intends to change the class of explosive materials described in his license or permit from a lower to a higher classification (see Sec. 55.202) shall file an application on ATF F 5400.13 or on ATF F 5400.16 with the Chief, Firearms and Explosives Licensing Center, for an amended license or permit. If the change in class of explosive materials would require a change in magazines, the amended application must include a description of the type of construction as prescribed in this part. Business or operations with respect to the new class of explosive materials may not be commenced before issuance of the amended license or amended permit. Upon receipt of the amended license or amended permit, the licensee or permittee shall submit his superseded license or superseded permit and any copies furnished with the license or permit to the Chief, Firearms and Explosives Licensing Center. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 FR 53054, Dec. 27, 1989; T.D. ATF-387, 62 FR 8376, Feb. 25, 1997] Sec. 55.56 Change in trade name. A licensee or permittee continuing to conduct business or operations at the location shown on his license or permit is not required to obtain a new license or permit by reason of a mere change in trade name under which he conducts his business or operations. However, the licensee or permittee shall furnish his license or permit and any copies furnished with the license or permit for endorsement of the change to the Chief, Firearms and Explosives Licensing Center, within 30 days from the date the licensee or permittee begins his business or operations under the new trade name. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] Sec. 55.57 Change of control. In the case of a corporation or association holding a license or permit under this part, if actual or legal control of the corporation or association changes, directly or indirectly, whether by reason of change in stock ownership or control (in the corporation holding a license or permit or in any other corporation), by operation of law, or in any other manner, the licensee or permittee shall, within 30 days of the change, give written notification executed under the penalties of perjury, to the Chief, Firearms and Explosives Licensing Center. Upon expiration of the license or permit, the corporation or association shall file an ATF F 5400.13 or an ATF F 5400.16 as required by Sec. 55.45, and pay the fee prescribed in Sec. 55.42(b) or Sec. 55.43(b). [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] Sec. 55.58 Continuing partnerships. Where, under the laws of the particular State, the partnership is not terminated on death or insolvency of a partner, but continues until the winding up of the partnership affairs is completed, and the surviving partner has the exclusive right to the control and possession of the partnership assets for the purpose of liquidation and settlement, the surviving partner may continue to conduct the business or operations under the license or permit of the partnership. If the surviving partner acquires the business or operations on completion of settlement of the partnership, he shall obtain a license or permit in his own name from the date of acquisition, as provided in Sec. 55.45. The rule set forth in this section will also apply where there is more than one surviving partner. [[Page 745]] Sec. 55.59 Right of succession by certain persons. (a) Certain persons other than the licensee or permittee may secure the right to carry on the same explosive materials business or operations at the same business premises for the remainder of the term of license or permit. These persons are: (1) The surviving spouse or child, or executor, administrator, or other legal representative of a deceased licensee or permittee; and (2) A receiver or trustee in bankruptcy, or an assignee for benefit of creditors. (b) In order to secure the right of succession, the person or persons continuing the business or operations shall submit the license or permit and all copies furnished with the license or permit for endorsement of the succession to the Chief, Firearms and Explosives Licensing Center, within 30 days from the date on which the successor begins to carry on the business or operations. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] Sec. 55.60 Certain continuances of business or operations. A licensee or permittee who furnishes his license or permit to the Chief, Firearms and Explosives Licensing Center, for correction, amendment, or endorsement, as provided in this subpart, may continue his business or operations while awaiting its return. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] Sec. 55.61 Discontinuance of business or operations. Where an explosive materials business or operations is either discontinued or succeeded by a new owner, the owner of the business or operations discontinued or succeeded shall, within 30 days, furnish notification of the discontinuance or succession and submit his license or permit and any copies furnished with the license or permit to the Chief, Firearms and Explosives Licensing Center. (See also Sec. 55.128.) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] Sec. 55.62 State or other law. A license or permit issued under this part confers no right or privilege to conduct business or operations, including storage, contrary to State or other law. The holder of a license or permit issued under this part is not, by reason of the rights and privileges granted by that license or permit, immune from punishment for conducting an explosive materials business or operations in violation of the provisions of any State or other law. Similarly, compliance with the provisions of any State or other law affords no immunity under Federal law or regulations. Sec. 55.63 Explosives magazine changes. (a) General. (1) The requirements of this section are applicable to magazines used for other than temporary (under 24 hours) storage of explosives. (2) A magazine is considered suitable for the storage of explosives if the construction requirements of this part are met during the time explosives are stored in the magazine. (3) A magazine is considered suitable for the storage of explosives if positioned in accordance with the applicable table of distances as specified in this part during the time explosives are stored in the magazine. (4) For the purposes of this section, notification of the regional director (compliance) may be by telephone or in writing. However, if notification of the regional director (compliance) is in writing it must be at least three business days in advance of making changes in construction to an existing magazine or constructing a new magazine, and at least five business days in advance of using any reconstructed magazine or added magazine for the storage of explosives. (b) Exception. Mobile or portable type 5 magazines are exempt from the requirements of paragraphs (c) and (d) of this section, but must otherwise be in compliance with paragraphs (a) (2) and (3) of this section during the time explosives are stored in such magazines. [[Page 746]] (c) Changes in magazine construction. A licensee or permittee who intends to make changes in construction of an existing magazine shall notify the regional director (compliance) describing the proposed changes prior to making any changes. Unless otherwise advised by the regional director (compliance), changes in construction may commence after explosives are removed from the magazine. Explosives may not be stored in a reconstructed magazine before the regional director (compliance) has been notified in accordance with paragraph (a)(4) of this section that the changes have been completed. (d) Magazines acquired or constructed after permit or license is issued. A licensee or permittee who intends to construct or acquire additional magazines shall notify the regional director (compliance) in accordance with paragraph (a)(4) of this section describing the additional magazines and the class and quantity of explosives to be stored in the magazine. Unless otherwise advised by the regional director (compliance), additional magazines may be constructed, or acquired magazines may be used for the storage of explosives. Explosives must not be stored in a magazine under construction. The regional director (compliance) must be notified that construction has been completed. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-400, 63 FR 45002, Aug. 24, 1998] Subpart E--License and Permit Proceedings Sec. 55.71 Opportunity for compliance. Except in cases of willfulness or those in which the public interest requires otherwise, and the regional director (compliance) so alleges in the notice of denial of an application or revocation of a license or permit, no license or permit will be revoked or renewal application denied without first calling to the attention of the licensee or permittee the reasons for the contemplated action and affording him an opportunity to demonstrate or achieve compliance with all lawful requirements and to submit facts, arguments, or proposals of adjustment. The notice of contemplated action, AFT F 5400.12, will afford the licensee or permittee 15 days from the date of receipt of the notice to respond. If no response is received within the 15 days, or if after consideration of relevant matters presented by the licensee or permittee, the regional director (compliance) finds that the licensee or permittee is not likely to abide by the law and regulations, he will proceed as provided in Sec. 55.74. Sec. 55.72 Denial of initial application. Whenever the regional director (compliance) has reason to believe that an applicant for an original license or permit is not eligible to receive a license or permit under the provisions of Sec. 55.49, he shall issue a notice of denial on ATF F 5400.11. The notice will set forth the matters of fact and law relied upon in determining that the application should be denied, and will afford the applicant 15 days from the date of receipt of the notice in which to request a hearing to review the denial. If no request for a hearing is filed within that time, a copy of the application, marked ``Disapproved'', will be returned to the applicant. Sec. 55.73 Hearing after initial application is denied. If the applicant for an original license or permit desires a hearing, he shall file a request with the regional director (compliance) within 15 days after receipt of the notice of denial. The request should include a statement of the reasons for a hearing. On receipt of the request, the regional director (compliance) shall refer the matter to an administrative law judge who shall set a time and place (see Sec. 55.77) for a hearing and shall serve notice of the hearing upon the applicant and the regional director (compliance) at least 10 days in advance of the hearing date. The hearing will be conducted in accordance with the hearing procedures prescribed in Part 200 of this chapter (see Sec. 55.82). Within a reasonable time after the conclusion of the hearing, and as expeditiously as possible, the administrative law judge shall render his recommended decision. He shall certify to the complete record of the proceedings [[Page 747]] before him and shall immediately forward the complete certified record, together with four copies of his recommended decision, to the regional director (compliance) for decision. Sec. 55.74 Denial of renewal application or revocation of license or permit. If following the opportunity for compliance under Sec. 55.71, or without opportunity for compliance under Sec. 55.71, as circumstances warrant, the regional director (compliance) finds that the licensee or permittee is not likely to comply with the law or regulations or is otherwise not eligible to continue operations authorized under his license or permit, the regional director (compliance) shall issue a notice of denial of the renewal application or revocation of the license or permit, ATF F 5400.11 or ATF F 5400.10, as appropriate. In either case, the notice will set forth the matters of fact constituting the violations specified, dates, places, and the sections of law and regulations violated. The notice will, in the case of revocation of a license or permit, specify the date on which the action is effective, which date will be on or after the date the notice is served on the licensee or permittee. The notice will also advise the licensee or permittee that he may, within 15 days after receipt of the notice, request a hearing and, if applicable, a stay of the effective date of the revocation of his license or permit. Sec. 55.75 Hearing after denial of renewal application or revocation of license or permit. If a licensee or permittee whose renewal application has been denied or whose license or permit has been revoked desires a hearing, he shall file a request for a hearing with the regional director (compliance). In the case of the revocation of a license or permit, he may include a request for a stay of the effective date of the revocation. On receipt of the request the regional director (compliance) shall advise the licensee or permittee whether the stay of the effective date of the revocation is granted. If the stay of the effective date of the revocation is granted, the regional director (compliance) shall refer the matter to an administrative law judge who shall set a time and place (see Sec. 55.77) for a hearing and shall serve notice of the hearing upon the licensee or permittee and the regional director (compliance) at least 10 days in advance of the hearing date. If the stay of the effective date of the revocation is denied, the licensee or permittee may request an immediate hearing. In this event, the regional director (compliance) shall immediately refer the matter to an administrative law judge who shall set a date and place for a hearing, which date shall be no later than 10 days from the date the licensee or permittee requested an immediate hearing. The hearing will be held in accordance with the applicable provisions of Part 200 of this chapter. Within a reasonable time after the conclusion of the hearing, and as expeditiously as possible, the administrative law judge shall render his decision. He shall certify to the complete record of the proceeding before him and shall immediately forward the complete certified record, together with two copies of his decision, to the regional director (compliance), serve one copy of his decision on the licensee or permittee or his counsel, and transmit a copy to the attorney for the Government. Sec. 55.76 Action by regional director (compliance). (a) Initial application proceedings. If, upon receipt of the record and the recommended decision of the administrative law judge, the regional director (compliance) decides that the license or permit should be issued, the regional director (compliance) shall cause the application to be approved, briefly stating, for the record, his reasons. If he contemplates that the denial should stand, he shall serve a copy of the administrative law judge's recommended decision on the applicant, informing the applicant of his contemplated action and affording the applicant not more than 10 days in which to submit proposed findings and conclusions or exceptions to the recommended decision with supporting reasons. If the regional director (compliance), after consideration of the record of the hearing and of any proposed findings, conclusions, or exceptions filed with him by the applicant, approves the findings, [[Page 748]] conclusions and recommended decision of the administrative law judge, the regional director (compliance) shall cause the license or permit to be issued or disapproved the application accordingly. If he disapproves the findings, conclusions, and recommendation of the administrative law judge, in whole or in part, he shall by order make such findings and conclusions as in his opinion are warranted by the law and the facts in the record. Any decision of the regional director (compliance) ordering the disapproval of an initial application for a license or permit shall state the findings and conclusions upon which it is based, including his ruling upon each proposed finding, conclusion, and exception to the administrative law judge's recommended decision, together with a statement of his findings and conclusions, and reasons or basis for his findings and conclusions, upon all material issues of fact, law or discretion presented on the record. A signed duplicate original of the decision will be served upon the applicant and the original copy containing certificate of service will be placed in the official record of the proceedings. If the decision of the regional director (compliance) is in favor of the applicant, he shall issue the license or permit, to be effective on issuance. (b) Renewal application and revocation proceedings. Upon receipt of the complete certified records of the hearing, the regional director (compliance) shall enter an order confirming the revocation of the license or permit, or disapproving the application, in accordance with the administrative law judge's findings and decision, unless he disagrees with the findings and decision. A signed duplicate original of the order, ATF F 5400.9, will be served upon the licensee or permittee and the original copy containing certificate of service will be placed in the official record of the proceedings. If the regional director (compliance) disagrees with the findings and decision of the administrative law judge, he shall file a petition with the Director for review of the findings and decision, as provided in Sec. 55.79. In either case, if the renewal application denial is sustained, a copy of the application marked ``Disapproved'' will be returned to the applicant. If the renewal application denial is reversed, a license or permit will be issued to become effective on expiration of the license or permit being renewed, or on the date of issuance, whichever is later. If the proceedings involve the revocation of a license or permit which expired before a decision is in favor of the licensee or permittee, the regional director (compliance) shall: (1) If renewal application was timely filed and a stay of the effective date of the revocation was granted, cause to be issued a license or permit effective on the date of issuance; (2) If renewal application was not timely filed but a stay of the effective date of the revocation had been granted, request that a renewal application be filed and, following that, cause to be issued a license or permit to be effective on issuance; or (3) If a stay of the effective date of the revocation had not been granted, request that an application be filed as provided in Sec. 55.45, and process it in the same manner as for an application for an original license or permit. (c) Curtailment of stay of revocation effective date. If, after approval of a request for a stay of the effective date of an order revoking a license or permit but before actions are completed under this subpart, the regional director (compliance) finds that it is contrary to the public interest for the licensee or permittee to continue the operations or activities covered by his license or permit, the regional director (compliance) may issue a notice of withdrawal of the approval, effective on the date of issuance. Notice of withdrawal will be served upon the licensee or permittee in the manner provided in Sec. 55.81. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] Sec. 55.77 Designated place of hearing. The designated place of hearing set as provided in Sec. 55.73 or Sec. 55.75, will be at the location convenient to the aggrieved party. Sec. 55.78 Representation at a hearing. An applicant, licensee, or permittee may be represented by an attorney, certified public accountant, or other [[Page 749]] person recognized to practice before the Bureau of Alcohol, Tobacco and Firearms as provided in 31 CFR Part 8, if he has otherwise complied with the applicable requirements of of 26 CFR 601.521 through 601.527. The regional director (compliance) shall be represented in proceedings under Secs. 55.73 and 55.75 by an attorney in the office of the chief counsel or regional counsel who is authorized to execute and file motions, briefs, and other papers in the proceedings, on behalf of the regional director (compliance), in his own name as ``Attorney for the Government''. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-92, 46 FR 46916, Sept. 23, 1981] Sec. 55.79 Appeal on petition to the Director. An appeal to the Director is not required prior to filing an appeal with the U.S. Court of Appeals for judicial review. An appeal may be taken by the applicant, licensee, or permittee to the Director from a decision resulting from a hearing under Sec. 55.73 or Sec. 55.75. An appeal may also be taken by a regional director (compliance) from a decision resulting from a hearing under Sec. 55.75 as provided in Sec. 55.76(b). The appeal shall be taken by filing a petition for review on appeal with the Director within 15 days of the service of an administrative law judge's decision or an order. The petition will set forth facts tending to show (a) action of an arbitrary nature, (b) action without reasonable warrant in fact, or (c) action contrary to law and regulations. A copy of the petition will be filed with the regional director (compliance) or served on the applicant, licensee, or permittee, as the case may be. In the event of appeal, the regional director (compliance) shall immediately forward the complete original record, by certified mail, to the Director for his consideration, review, and disposition as provided in subpart I of part 200 of this chapter. When, on appeal, the Director affirms the initial decision of the regional director (compliance) or the administrative law judge, as the case may be, the initial decision will be final. Sec. 55.80 Court review. An applicant, licensee, or permittee may, within 60 days after receipt of the decision of the administrative law judge or the final order of the regional director (compliance) or the Director, file a petition for a judicial review of the decision, with the U.S. Court of Appeals for the district in which he resides or has his principal place of business. The Director, upon notification that a petition has been filed, shall have prepared a complete transcript of the record of the proceedings. The regional director (compliance) or the Director, as the case may be, shall certify to the correctness of the transcript of the record, forward one copy to the attorney for the Government in the review of the case, and file the original record of the proceedings with the original certificate in the U.S. Court of Appeals. Sec. 55.81 Service on applicant, licensee, or permittee. All notices and other formal documents required to be served on an applicant, licensee, or permittee under this subpart will be served by certified mail or by personal delivery. Where service is by personal delivery, the signed duplicate original copy of the formal document will be delivered to the applicant, licensee, or permittee, or, in the case of a corporation, partnership, or association, by delivering it to an officer, manager, or general agent, or to its attorney of record. Sec. 55.82 Provisions of Part 200 made applicable. The provisions of subpart G of part 200 of this chapter, as well as those provisions of part 200 relative to failure to appear, withdrawal of an application or surrender of a permit, the conduct of hearings before an administrative law judge, and record of testimony, are hereby made applicable to application, license, and permit proceedings under this subpart to the extent that they are not contrary to or incompatible with this subpart. [[Page 750]] Sec. 55.83 Operations by licensees or permittees after notice of denial or revocation. In any case where a notice of revocation has been issued and a request for a stay of the effective date of the revocation has not been granted, the licensee or permittee shall not engage in the activities covered by the license or permit pending the outcome of proceedings under this subpart. In any case where notice of revocation has been issued but a stay of the effective date of the revocation has been granted, the licensee or permittee may continue to engage in the activities covered by his license or permit unless, or until, formally notified to the contrary: Provided, That in the event the license or permit would have expired before proceedings under this subpart are completed, timely renewal application must have been filed to continue the license or permit beyond its expiration date. In any case where a notice of denial of a renewal application has been issued, the licensee or permittee may continue to engage in the activities covered by the existing license or permit after the date of expiration of the license or permit until proceedings under this subpart are completed. Subpart F--Conduct of Business or Operations Sec. 55.101 Posting of license or permit. A license or permit issued under this part, or a copy of a license or permit, will be posted and available for inspection on the business premises at each place where explosive materials are manufactured, imported, or distributed. Sec. 55.102 Authorized operations by permittees. (a) In general. A permit issued under this part does not authorize the permittee to engage in the business of manufacturing, importing, or dealing in explosive materials. Accordingly, if a permittee's operations bring him within the definition of manufacturer, importer, or dealer under this part, he shall qualify for the appropriate license. (b) Distributions of surplus stocks. Permittees are not authorized to engage in the business of sale or distribution of explosive materials. However, permittees may dispose of surplus stocks of explosive materials to other licensees or permittees in accordance with Sec. 55.103, and to nonlicensees or to nonpermittees in accordance with Sec. 55.105(d). [T.D. ATF-400, 63 FR 45002, Aug. 24, 1998] Sec. 55.103 Transactions among licensees/permittees. (a) General. (1) A licensed importer, licensed manufacturer or licensed dealer selling or otherwise distributing explosive materials (or a permittee disposing of surplus stock to a licensee or another permittee) who has the certified information required by this section may sell or distribute explosive materials to a licensee or permittee for not more than 45 days following the expiration date of the distributee's license or permit, unless the distributor knows or has reason to believe that the distributee's authority to continue business or operations under this part has been terminated. (2) A licensed importer, licensed manufacturer or licensed dealer selling or otherwise distributing explosive materials (or a permittee disposing of surplus stock to another licensee or permittee) shall verify the license or permit status of the distributee prior to the release of explosive materials ordered, as required by this section. (3) Licensees or permittees desiring to return explosive materials to a licensed manufacturer may do so without obtaining a certified copy of the manufacturer's license. (4) Where possession of explosive materials is transferred at the distributor's premises, the distributor shall in all instances verify the identity of the person accepting possession on behalf of the distributee before relinquishing possession. Before the delivery at the distributor's premises of explosive materials to an employee of a licensee or permittee, or to an employee of a carrier transporting explosive materials to a licensee or permittee, the distributor delivering explosive materials shall obtain an executed ATF F 5400.8 from the employee before releasing the explosive materials. The ATF F 5400.8 [[Page 751]] must contain all of the information required on the form and required by this part. Example 1. An ATF F 5400.8 is required when: a. An employee of the purchaser takes possession at the distributor's premises. b. An employee of a carrier hired by the purchaser takes possession at the distributor's premises. Example 2. An ATF F 5400.8 is not required when: a. An employee of the distributor takes possession of the explosives for the purpose of transport to the purchaser. b. An employee of a carrier hired by the distributor takes possession of the explosives for the purpose of transport to the purchaser. (b) License/permit verification of individuals. (1) The distributee shall furnish a certified copy (or, in the case of a user-limited, the original) of the license or permit. The certified copy need be furnished only once during the current term of the license or permit. Also, a licensee need not furnish certified copies of licenses to other licensed locations operated by such licensee. (2) The distributor may obtain any additional verification as the distributor deems necessary. (c) License/permit verification of business organizations. (1) A business organization may (in lieu of furnishing a certified copy of a license) furnish the distributor a certified list which contains the name, address, license number and date of license expiration of each licensed location. The certified list need be furnished only once during the current term of the license or permit. Also, a business organization need not furnish a certified list to other licensed locations operated by such business organization. (2) A business organization shall, prior to ordering explosive materials, furnish the licensee or permittee a current certified list of the representatives or agents authorized to order explosive materials on behalf of the business organization showing the name, address, and date and place of birth of each representative or agent. A licensee or permittee shall not distribute explosive materials to a business organization on the order of a person who does not appear on the certified list of representatives or agents and, if the person does appear on the certified list, the licensee or permittee shall verify the identity of such person. (d) Licensee/permittee certified statement. (1) A licensee or permittee ordering explosive materials from another licensee or permittee shall furnish a current, certified statement of the intended use of the explosive materials; e.g., resale, mining, quarrying, agriculture, construction, road building, oil well drilling, seismographic research, to the distributor. (2) For individuals, the certified statement of intended use must specify the name, address, date and place of birth, and social security number of the distributee. (3) For business organizations, the certified statement of intended use must specify the taxpayer identification number, the identity and the principal and local places of business. (4) The licensee or permittee purchasing explosive materials need revise the furnished copy of the certified statement only when the information is no longer current. (e) User-limited permit transactions. A user-limited permit issued under the provisions of this part is valid for only a single purchase transaction and is not renewable (see Sec. 55.51). Accordingly, at the time a user-limited permittee orders explosive materials, the licensed distributor shall write on the front of the user-limited permit the transaction date, his signature, and the distributor's license number prior to returning the permit to the user-limited permittee. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.104 Certified copy of license or permit. Except as provided in Sec. 55.49(a), each person issued a license or permit under this part shall be furnished together with his license or permit a copy for his certification. If a person desires an additional copy of his license or permit for certification and for use under Sec. 55.103, he shall: (a) Make a reproduction of the copy of his license or permit and execute the certification on it; [[Page 752]] (b) Make a reproduction of his license or permit, enter on the reproduction the statement: ``I certify that this is a true copy of a (insert the word license or permit) issued to me to engage in the specified business or operations'', and sign his name next to the statement; or (c) Submit a request, in writing, for certified copies of his license or permit to the Chief, Firearms and Explosives Licensing Center. The request will show the name, trade name (if any), and address of the licensee or permittee and the number of copies of the license or permit desired. There is a fee of $1 for each copy of a license or permit issued by the Chief, Firearms and Explosives Licensing Center under this paragraph. Fee payment must accompany each request for additional copies of a license or permit. The fee must be paid by (1) cash, or (2) money order or check made payable to the Bureau of Alcohol, Tobacco and Firearms. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] Sec. 55.105 Distributions to nonlicensees and nonpermittees. (a) This section will apply in any case where distribution of explosive materials to the distributee is not otherwise prohibited by the Act or this part. (b) Except as provided in paragraph (c) of this section, a licensed importer, licensed manufacturer, or licensed dealer may distribute explosive materials to a nonlicensee or nonpermittee if the nonlicensee or nonpermittee is a resident of the same State in which the licensee's business premises are located, and the nonlicensee or nonpermittee furnishes to the licensee the explosives transaction record, AFT F 5400.4, required by Sec. 55.126. Disposition of AFT F 5400.4 will be made in accordance with Sec. 55.126. (c) A licensed importer, licensed manufacturer, or licensed dealer may sell or distribute explosive materials to a resident of a State contiguous to the State in which the licensee's place of business is located if the purchaser's State or residence has enacted legislation, currently in force, specifically authorizing a resident of that State to purchase explosive materials in a contiguous State and the purchaser and the licensee have, prior to the distribution of the explosive materials, complied with all the requirements of paragraphs (b), (e), and (f) of this section applicable to intrastate transactions occuring on the licensee's business premises. (d) A permittee may dispose of surplus stocks of explosive materials to a nonlicensee or nonpermittee if the nonlicensee or nonpermittee is a resident of the same State in which the permittee's business premises or operations are located, or is a resident of a State contiguous to the State in which the permittee's place of business or operations are located, and if the requirements of paragraphs (b), (c), (e) and (f) of this section are fully met. (e) A licensed importer, licensed manufacturer, or licensed dealer selling or otherwise distributing explosive materials to a business entity shall verify the identity of the representative or agent of the business entity who is authorized to order explosive materials on behalf of the business entity. Each business entity ordering explosive materials shall furnish the distributing licensee prior to or with the first order of explosive materials a current certified list of the names of representatives or agents authorized to order explosive materials on behalf of the business entity. The business entity ordering explosive materials is responsible for keeping the certified list current. A licensee shall not distribute explosive materials to a business entity on the order of a person whose name does not appear on the certified list. (f) Where the possession of explosive materials is transferred at the distributor's premises, the distributor shall in all instances verify the identity of the person accepting possession on behalf of the distributee before relinquishing possession. Before the delivery at the distributor's premises of explosive materials to an employee of a nonlicensee or nonpermittee, or to an employee of a carrier transporting explosive materials to a nonlicensee or nonpermittee, the distributor delivering explosive materials shall obtain an executed ATF F 5400.8 from the employee before releasing the explosive materials. The [[Page 753]] ATF F 5400.8 must contain all of the information required on the form and by this part. (See examples in Sec. 55.103(a).) (g) A licensee or permittee disposing of surplus stock may sell or distribute commercially manufactured black powder in quantities of 50 pounds or less to a nonlicensee or nonpermittee if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16), or in antique devices as exempted from the term ``destructive device'' in 18 U.S.C. 921(a)(4). [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-293, 55 FR 3721, Feb. 5, 1990; T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.106 Certain prohibited distributions. (a) A licensee shall not distribute explosive materials to any person not licensed or holding a permit under this part, who the licensee knows or has reason to believe does not reside in the State in which the licensee's place of business is located. This paragraph does not apply to the distribution of explosive materials to a resident of a State contiguous to the State in which the licensee's place of business is located, if the requirements of Sec. 55.105(c) are fully met. (b) A licensee shall not distribute any explosive materials to any person: (1) Who the licensee knows is less than 21 years of age; (2) In any State where the purchase, possession, or use by a person of explosive materials would be in violation of any State law or any published ordinance applicable at the place of distribution; (3) Who the licensee has reason to believe intends to transport the explosive materials into a State where the purchase, possession, or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into the State or to receive explosive materials in the State; or (4) Who the licensee has reasonable cause to believe intends to use the explosive materials for other than a lawful purpose. (c) A licensee shall not distribute any explosive materials to any person knowing or having reason to believe that the person: (1) Is, except as provided under Sec. 55.142 (d) and (e), under indictment or information for, or was convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; (2) Is a fugitive from justice; (3) Is an unlawful user of marijuana, or any depressant or stimulant drug, or narcotic drug (as these terms are defined in the Controlled Substances Act, 21 U.S.C. 802); or (4) Was adjudicated as a mental defective or was committed to a mental institution. (d) The provisions of this section do not apply to the purchase of commercially manufactured black powder in quantities not to exceed 50 pounds, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or in antique devices, if the requirements of Sec. 55.105(g) are fully met. Sec. 55.107 Record of transactions. Each licensee and permittee shall keep records of explosive materials as required by subpart G of this part. Sec. 55.108 Importation. (a) Explosive materials imported or brought into the United States by a licensed importer or permittee may be released from customs custody to the licensed importer or permittee upon proof of his status as a licensed importer or permittee. Proof of status must be made by the licensed importer or permittee furnishing to the customs officer a certified copy of his license or permit (see Sec. 55.103). (b) A nonlicensee or nonpermittee may import or bring into the United States commercially manufactured black powder in quantities not to exceed 50 pounds. Upon submitting to the customs officer completed ATF F 5400.3, certifying that the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or in antique devices, black powder may be released from customs custody. The disposition of the executed ATF F 5400.3 will be in accordance with the instructions on the form. [[Page 754]] (c) The provisions of this section are in addition to, and are not in lieu of, any applicable requirement under 27 CFR Part 47. (d) For additional requirements relating to the importation of plastic explosives into the United States on or after April 24, 1997, see Sec. 55.183. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-387, 62 FR 8376, Feb. 25, 1997] Sec. 55.109 Identification of explosive materials. (a) Each licensed manufacturer of explosive materials shall legibly identify by marking all explosive materials he manufactures for sale or distribution. The marks required by this section must identify the manufacturer and the location, date, and shift of manufacture. The licensed manufacturer shall place on each cartridge, bag, or other immediate container of explosive materials manufactured for sale or distribution the required mark which shall also be placed on the outside container, if any, used for their packaging. (b) Exceptions. (1) Licensed manufacturers of blasting caps are only required to place the identification marks prescribed in paragraph (a) on the containers used for the packaging of blasting caps. (2) The Director may authorize other means of identifying explosive materials upon receipt of a letter application from the licensed manufacturer showing that other identification is reasonable and will not hinder the effective administration of this part. (3) The Director may authorize the use of other means of identification on fireworks instead of marks prescribed in paragraph (a) of this section. Subpart G--Records and Reports Sec. 55.121 General. (a)(1) Licensees and permittees shall keep records pertaining to explosive materials in permanent form (i.e., commercial invoices, record books) and in the manner required in this subpart. (2) Licensees and permittees shall keep records required by this subpart on the business premises for five years from the date a transaction occurs or until discontinuance of business or operations by the licensee or permittee. (See also Sec. 55.128 for discontinuance of business or operations.) (b) ATF officers may enter the premises of any licensee or permittee for the purpose of examining or inspecting any record or document required by or obtained under this part (see Sec. 55.24). Section 843(f) of the Act requires licensees and permittees to make all required records available for examination or inspection at all reasonable times. Section 834(f) of the Act also requires licensees and permittees to submit all reports and information relating to all required records and their contents, as the regulations in this part prescribe. (c) Each licensee and permittee shall maintain all records of importation, production, shipment, receipt, sale, or other disposition, whether temporary or permanent, of explosive materials as the regulations in this part prescribe. Sections 842(f) and 842(g) of the Act make it unlawful for any licensee or permittee knowingly to make any false entry in, or fail to make entry in, any record required to be kept under the Act and the regulations in this part. (Approved by the Office of Management and Budget under control number 1512-0373) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-172, 49 FR 14941, Apr. 16, 1984] Sec. 55.122 Records maintained by licensed importers. (a) Each licensed importer shall take true and accurate physical inventories which will include all explosive materials on hand required to be accounted for in the records kept under this part. The licensed importer shall take a special inventory (1) At the time of commencing business, which is the effective date of the license issued upon original qualification under this part; (2) At the time of changing the location of his business to another region; (3) At the time of discontinuing business; and (4) At any time the regional director (compliance) may in writing require. Each special inventory is to be prepared in duplicate, the original of which is submitted to the regional director (compliance), and the duplicate retained by the licensed importer. If a [[Page 755]] special inventory specified by paragraphs (a) (1) through (4) of this section has not been taken during the calendar year, at least one physical inventory will be taken. However, the record of the yearly inventory, other than a special inventory required by paragraphs (a) (1) through (4) of this section, will remain on file for inspection instead of being sent to the regional director (compliance). (See also Sec. 55.127.) (b) Each licensed importer shall, not later than the close of the next business day following the date of importation or other acquisition of explosive materials, enter the following information in a separate record: (1) Date of importation or other acquisition. (2) Name or brand name of manufacturer and country of manufacture. (3) Manufacturer's marks of identification. (4) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of display fireworks, etc.). (5) Description (dynamite (dyn), blasting agents (ba), detonators (det), display fireworks (df), etc.) and size (length and diameter or diameter only of display fireworks). (c) Each licensed importer shall, not later than the close of the next business day following the date of distribution of any explosive materials to another licensee or a permittee, enter in a separate record the following information: (1) Date of disposition. (2) Name or brand name of manufacturer and country of manufacture. (3) Manufacturer's marks of identification. (4) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of display fireworks, etc.). (5) Description (dynamite (dyn), blasting agents (ba), detonators (det), display fireworks (df), etc.) and size (length and diameter or diameter only of display fireworks). (6) License or permit number of licensee or permittee to whom the explosive materials are distributed. (d) The regional director (compliance) may authorize alternate records to be maintained by a licensed importer to record his distribution of explosive materials when it is shown by the licensed importer that alternate records will accurately and readily disclose the information required by paragraph (c) of this section. A licensed importer who proposes to use alternate records shall submit a letter application to the regional director (compliance) and shall describe the proposed alternate records and the need for them. Alternate records are not to be employed by the licensed importer until approval is received from the regional director (compliance). (e) Each licensed importer shall maintain separate records of the sales or other distribution made of explosive materials to nonlicensees or nonpermittees. These records are maintained as prescribed by Sec. 55.126. (Approved by the Office of Management and Budget under control number 1512-0373) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-172, 49 FR 14941, Apr. 16, 1984; T.D. ATF-293, 55 FR 3721, Feb. 5, 1990; T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.123 Records maintained by licensed manufacturers. (a) Each licensed manufacturer shall take true and accurate physical inventories which will include all explosive materials on hand required to be accounted for in the records kept under this part. The licensed manufacturer shall take a special inventory (1) At the time of commencing business, which is the effective date of the license issued upon original qualification under this part; (2) At the time of changing the location of his premises to another region; (3) At the time of discontinuing business; and (4) At any other time the regional director (compliance) may in writing require. Each special inventory is to be prepared in duplicate, the original of which is submitted to the regional director (compliance), and the duplicate retained by the licensed manufacturer. If a special inventory required by paragraphs (a) (1) through (4) of this section has not been taken during the calendar year, at least one physical inventory will be taken. However, the record of the yearly inventory, other than a special inventory required by paragraphs [[Page 756]] (a) (1) through (4) of this section, will remain on file for inspection instead of being sent to the regional director (compliance). (See also Sec. 55.127.) (b) Each licensed manufacturer shall not later than the close of the next business day following the date of manufacture or other acquisition of explosive materials, enter the following information in a separate record: (1) Date of manufacture or other acquisition. (2) Manufacturer's marks of identification. (3) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of display fireworks, etc.). (4) Name, brand name or description (dynamite (dyn), blasting agents (ba), detonators (det), display fireworks (df), etc.) and size (length and diameter or diameter only of display fireworks). (c) Each licensed manufacturer shall, not later than the close of the next business day following the date of distribution of any explosive materials to another licensee or a permittee, enter in a separate record the following information: (1) Date of disposition. (2) Name or brand name of manufacturer or name of importer, as applicable, if acquired other than by his own manufacture. (3) Manufacturer's marks of identification. (4) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of display fireworks, etc.). (5) Description (dynamite (dyn), blasting agents (ba), detonators (det), display fireworks (df), etc.) and size (length and diameter or diameter only of display fireworks). (6) License or permit number of licensee or permittee to whom the explosive materials are distributed. (d) Each licensed manufacturer who manufactures explosive materials for his own use shall, not later than the close of the next business day following the date of use, enter in a separate record the following information: (1) Date of use. (2) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of special fireworks, etc.). (3) Description (dynamite (dyn), blasting agents (ba), detonators (det), display fireworks (df), etc.) and size (length and diameter or diameter only of display fireworks). Exception: A licensed manufacturer is exempt from the recordkeeping requirements of this subsection if the explosive materials are manufactured for his own use and used within a 24 hour period at the same site. (e) The regional director (compliance) may authorize alternate records to be maintained by a licensed manufacturer to record his distribution or use of explosive materials when it is shown by the licensed manufacturer that alternate records will accurately and readily disclose the information required by paragraph (c) of this section. A licensed manufacturer who proposes to use alternate records shall submit a letter application to the regional director (compliance) and shall describe the proposed alternate records and the need for them. Alternate records are not to be employed by the licensed manufacturer until approval is received from the regional director (compliance). (f) Each licensed manufacturer shall maintain separate records of the sales or other distribution made of explosive materials to nonlicensees or nonpermittees. These records are maintained as prescribed by Sec. 55.126. (Approved by the Office of Management and Budget under control number 1512-0373) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-172, 49 FR 14941, Apr. 16, 1984; T.D. ATF-293, 55 FR 3721, Feb. 5, 1990; T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.124 Records maintained by licensed dealers. (a) Each licensed dealer shall take true and accurate physical inventories which will include all explosive materials on hand required to be accounted for in the records kept under this part. The licensed dealer shall take a special inventory (1) At the time of commencing business, which is the effective date of the license issued upon original qualification under this part; [[Page 757]] (2) At the time of changing the location of his premises to another region; (3) At the time of discontinuing business; and (4) At any other time the regional director (compliance) may in writing require. Each special inventory is to be prepared in duplicate, the original of which is submitted to the regional director (compliance), and the duplicate retained by the licensed dealer. If a special inventory required by paragraphs (a) (1) through (4) of this section has not been taken during the calendar year, at least one physical inventory will be taken. However, the record of the yearly inventory, other than a special inventory required by paragraphs (a) (1) through (4) of this section, will remain on file for inspection instead of being sent to the regional director (compliance). (See also Sec. 55.127.) (b) Each licensed dealer shall, not later than the close of the next business day following the date of purchase or other acquisition of explosive materials (except as provided in paragraph (d) of this section), enter the following information in a separate record: (1) Date of acquisition. (2) Name or brand name of manufacturer and name of importer (if any). (3) Manufacturer's marks of identification. (4) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of display fireworks, etc.). (5) Description (dynamite (dyn), blasting agents (ba), detonators (det), display fireworks (df), etc.) and size (length and diameter or diameter only of display fireworks). (6) Name, address, and license or permit number of the person from whom the explosive materials are received. (c) Each licensed dealer shall, not later than the close of the next business day following the date of use (if the explosives are used by the dealer) or the date of distribution of any explosive materials to another licensee or a permittee (except as provided in paragraph (d) of this section), enter in a separate record the following information: (1) Date of disposition. (2) Name or brand name of manufacturer and name of importer (if any). (3) Manufacturer's marks of identification. (4) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of display fireworks, etc.). (5) Description (dynamite (dyn), blasting agents (ba), detonators (det), display fireworks (df), etc.) and size (length and diameter or diameter only of display fireworks). (6) License or permit number of licensee or permittee to whom the explosive materials are distributed. (d) When a commercial record is kept by a licensed dealer showing the purchase or other acquisition information required for the permanent record prescribed by paragraph (b) of this section, or showing the distribution information required for the permanent record prescribed by paragraph (c) of this section, the licensed dealer acquiring or distributing the explosive materials may, for a period not exceeding seven days following the date of acquisition of distribution of the explosive materials, delay making the required entry into the permanent record of acquisition or distribution. However, until the required entry of acquisition or disposition is made in the permanent record, the commercial record must be (1) kept by the licensed dealer separate from other commercial documents kept by the licensee, and (2) readily available for inspection on the licensed premises. (e) The regional director (compliance) may authorize alternate records to be maintained by a licensed dealer to record his acquisition or disposition of explosive materials, when it is shown by the licensed dealer that alternate records will accurately and readily disclose the required information. A licensed dealer who proposes to use alternate records shall submit a letter application to the regional director (compliance) and shall describe the proposed alternate records and the need for them. Alternate records are not to be employed by the licensed dealer until approval is received from the regional director (compliance). (f) Each licensed dealer shall maintain separate records of the sales or other distribution made of explosive [[Page 758]] materials to nonlicensees or nonpermittees. These records are maintained as prescribed by Sec. 55.126. (Approved by the Office of Management and Budget under control number 1512-0373) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-172, 49 FR 14941, Apr. 16, 1984; T.D. ATF-293, 55 FR 3721, Feb. 5, 1990; T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.125 Records maintained by permittees. (a) Each permittee shall take true and accurate physical inventories which shall include all explosive materials on hand required to be accounted for in the records kept under this part. The permittee shall take a special inventory (1) At the time of commencing business, which is the effective date of the permit issued upon original qualification under this part; (2) At the time of changing the location of his premises to another region; (3) At the time of discontinuing business; and (4) At any other time the regional director (compliance) may in writing require. Each special inventory is to be prepared in duplicate, the original of which is submitted to the regional director (compliance) and the duplicate retained by the permittee. If a special inventory required by paragraphs (a) (1) through (4) of this section has not been taken during the calendar year, a permittee is required to take at least one physical inventory. However, the record of the yearly inventory, other than a special inventory required by paragraphs (a) (1) through (4) of this section, will remain on file for inspection instead of being sent to the regional director (compliance). (See also Sec. 55.127). (b) Each permittee shall, not later than the close of the next business day following the date of acquisition of explosive materials, enter the following information in a separate record: (1) Date of acquisition. (2) Name or brand name of manufacturer. (3) Manufacturer's marks of identification. (4) Quantity (applicable quantity units, such as pounds of explosives, number of detonators, number of display fireworks, etc.). (5) Description (dynamite (dyn), blasting agents (ba), detonators (det), display fireworks (df), (etc.) and size (length and diameter or diameter only of display fireworks)). (6) Name, address, and license number of the persons from whom the explosive materials are received. (c) Each permittee shall, not later than the close of the next business day following the date of disposition of surplus explosive materials to another permittee or a licensee, enter in a separate record the information prescribed in Sec. 55.124(c). (d) Each permittee shall maintain separate records of disposition of surplus stocks of explosive materials to nonlicensees or nonpermittees as prescribed in Sec. 55.126. (e) The regional director (compliance) may authorize alternate records to be maintained by a permittee to record his acquisition of explosive materials, when it is shown by the permittee that alternate records will accurately and readily disclose the required information. A permittee who proposes to use alternate records shall submit a letter application to the regional director (compliance) and shall describe the proposed alternate records and the need for them. Alternate records are not to be employed by the permittee until approval is received from the regional director (compliance). (Approved by the Office of Management and Budget under control number 1512-0373) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-172, 49 FR 14941, Apr. 16, 1984; T.D. ATF-293, 55 FR 3722, Feb. 5, 1990; T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.126 Explosives transaction record. (a) A licensee or permittee shall not temporarily or permanently distribute explosive materials to any person, other than another licensee or permittee, unless he records the transaction on an explosives transaction record, ATF F 5400.4. (b) Before the distribution of explosive materials to a nonlicensee or nonpermittee who is a resident of the [[Page 759]] State in which the licensee or permittee maintains his business premises, or to a nonlicensee or nonpermittee who is not a resident of the State in which the licensee or permittee maintains his business premises and is acquiring explosive materials under Sec. 55.105(c), the licensee or permittee distributing the explosive materials shall obtain an executed ATF F 5400.4 from the distributee which contains all of the information required on the form and by the regulations in this part. (c) Completed ATF F 5400.4 is to be retained by the licensee or permittee as part of his permanent records in accordance with paragraph (d) of this section. (d) Each AFT F 5400.4 is retained in numerical (by transaction serial number) order commencing with ``1'' and continuing in regular sequence. When the numbering of any series reaches ``1,000,000,'' the licensee or permittee may recommence the series. The recommenced series is to be given an alphabetical prefix or suffix. Where there is a change in proprietorship, or in the individual, firm, corporate name or trade name, the series in use at the time of the change may be continued. (e) The requirements of this section are in addition to any other recordkeeping requirement contained in this part. (f) A licensee or permittee may obtain, upon request, a supply of ATF F 5400.4 from the Director. (Approved by the Office of Management and Budget under control number 1512-0184) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-93, 46 FR 50787, Oct. 15, 1981; T.D. ATF-172, 49 FR 14941, Apr. 16, 1984] Sec. 55.127 Daily summary of magazine transactions. In taking the inventory required by Sec. Sec. 55.122, 55.123, 55.124, and 55.125, a licensee or permittee shall enter the inventory in a record of daily summary transactions to be kept at each magazine of an approved storage facility; however, these records may be kept at one central location on the business premises if separate records of daily transactions are kept for each magazine. Not later than the close of the next business day, each licensee and permittee shall record by manufacturer's name or brand name, the total quantity received in and removed from each magazine during the day, and the total remaining on hand at the end of the day. Quantity entries for display fireworks may be expressed as the number and size of individual display fireworks in a finished state or as the number of packaged display segments or packaged displays. Information as to the number and size of display fireworks contained in any one packaged display segment or packaged display shall be provided to any ATF officer on request. Any discrepancy which might indicate a theft or loss of explosive materials is to be reported in acordance with Sec. 55.30. [T.D. ATF-293, 55 FR 3722, Feb. 5, 1990, as amended by T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.128 Discontinuance of business. Where an explosive materials business or operations is discontinued and succeeded by a new licensee, the records prescribed by this subpart shall appropriately reflect such facts and shall be delivered to the successor. Where discontinuance of the business or operations is absolute, the records required by this subpart shall be delivered within 30 days following the business or operations discontinuance to any ATF office located in the region in which the business was located, or to the ATF Firearms Out-of-Business Records Center, 3361F 75th Avenue, Landover, Maryland 20785. Where State law or local ordinance requires the delivery of records to other responsible authority, the Chief, Firearms and Explosives Licensing Center may arrange for the delivery of the records required by this subpart to such authority. (See also, Sec. 55.61.) [T.D. ATF-290, 54 FR 53054, Dec. 27, 1989] Sec. 55.129 Exportation. Exportation of explosive materials is to be in accordance with the applicable provisions of section 38 of the Arms Export Control Act (22 U.S.C. 2778) and implementing regulations. However, a [[Page 760]] licensed importer, licensed manufacturer, or licensed dealer exporting explosive materials shall maintain records showing the manufacture or acquisition of explosive materials as required by this part and records showing the quantity, the manufacturer's name or brand name of explosive materials, the name and address of the foreign consignee of the explosive materials, and the date the explosive materials were exported. See Sec. 55.180 for regulations concerning the exportation of plastic explosives. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-387, 62 FR 8377, Feb. 25, 1997] Sec. 55.130 [Reserved] Subpart H--Exemptions Sec. 55.141 Exemptions. (a) General. Except for the provisions of Secs. 55.180 and 55.181, this part does not apply to: (1) Any aspect of the transportation of explosive materials via railroad, water, highway, or air which is regulated by the U.S. Department of Transportation and its agencies, and which pertains to safety. (2) The use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United States Pharmacopeia or the National Formulary. ``The United States Pharmacopeia and The National Formulary,'' USP and NF Compendia, are available from the United States Pharmacopeial Convention, Inc., 12601 Twinbrook Parkway, Rockville, Maryland 20852. (3) The transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any State or its political subdivision. (4) Small arms ammunition and components of small arms ammunition. (5) The manufacture under the regulation of the military department of the United States of explosive materials for, or their distribution to or storage or possession by, the military or naval services or other agencies of the United States. (6) Arsenals, navy yards, depots, or other establishments owned by, or operated by or on behalf of, the United States. (7) The importation, distribution, and storage of fireworks classified as UN0336, UN0337, UN0431, or UN0432 explosives by the U.S. Department of Transportation at 49 CFR 172.101 and generally known as ``consumer fireworks'' or ``articles pyrotechnic.'' (8) Gasoline, fertilizers, propellant actuated devices, or propellant actuated industrial tools manufactured, imported, or distributed for their intended purposes. (9) Industrial and laboratory chemicals which are intended for use as reagents and which are packaged and shipped pursuant to U.S. Department of Transportation regulations, 49 CFR Parts 100 to 177, which do not require explosives hazard warning labels. (b) Black powder. Except for the provisions applicable to persons required to be licensed under subpart D, this part does not apply with respect to commercially manufactured black powder in quantities not to exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms, as defined in 18 U.S.C. 921(a)(16) or antique devices, 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 as amended 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; T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.142 Relief from disabilities incurred by indictment, information or conviction. (a) Any person may make application for relief from the disabilities under the Act incurred by reason of an indictment or information for, or conviction of, a crime punishable by imprisonment for a term exceeding one year. (b) An application for relief from disabilities is filed with the Director and supported by data that the applicant considers appropriate. In the case of a corporation, or of any person having [[Page 761]] the power to direct or control the management of the corporation, the supporting data is to include information as to the absence of culpability in the offense for which the corporation, or any such person, was indicted, formally accused or convicted. (c) The Director may grant relief to an applicant if it is established to the satisfaction of the Director that the circumstances regarding the indictment, information or conviction and the applicant's record and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety, and that the granting of the relief would not be contrary to the public interest. (d) A person who has been granted relief under this section is relieved of any disabilities imposed by the Act with respect to engaging in the business of importing, manufacturing, or dealing in explosive materials, or the purchase of explosive materials, that were incurred by reason of such indictment, information or conviction. (e)(1) A licensee or permittee who is under indictment or information for, or convicted of, a crime punishable by imprisonment for a term exceeding one year during the term of a current license or permit, or while he has pending a license or permit renewal application, shall not be barred from licensed or permit operations for 30 days after the date of indictment or information or 30 days after the date upon which his conviction becomes final. Also, if he files his application for relief under this section within such 30 day period, he may further continue licensed or permit operations while his application is pending. A licensee or permittee who does not file an application within 30 days from the date of his indictment or information, or within 30 days from the date his conviction becomes final, shall not continue licensed or permit operations beyond 30 days from the date of his indictment or information or beyond 30 days from the date his conviction becomes final. (2) In the event the term of a license or permit of a person expires during the 30 day period following the date of indictment of information of during the 30 day period after the date upon which his conviction becomes final or while his application for relief is pending, he shall file a timely application for renewal of his license or permit in order to continue licensed or permit operations. The license or permit application is to show that the applicant has been indicted or under information for, or convicted of, a crime punishable by imprisonment for a term exceeding one year. (3) A licensee or permittee shall not continue licensed or permit operations beyond 30 days following the date the Director issues notification that the licensee's or permittee's application for removal of the disabilities resulting from an indictment, information or conviction has been denied. (4) When a licensee or permittee may no longer continue licensed or permit operations under this section, any application for renewal of license of permit filed by the licensee or permittee while his application for removal of disabilities resulting from an indictment, information or conviction is pending, will be denied by the regional director (compliance). Subpart I--Unlawful Acts, Penalties, Seizures and Forfeitures Sec. 55.161 Engaging in business without a license. Any person engaging in the business of importing, manufacturing, or dealing in explosive materials without a license issued under the Act, shall be fined not more than $10,000 or imprisoned not more than 10 years, or both. Sec. 55.162 False statement or representation. Any person who knowingly withholds information or makes any false or fictitious oral or written statement or furnishes or exhibits any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the Act, shall be fined not more than $10,000 or imprisoned not more than 10 years, or both. Sec. 55.163 False entry in record. Any licensed importer, licensed manufacturer, licensed dealer, or permittee [[Page 762]] who knowingly makes any false entry in any record required to be kept under subpart G of this part, shall be fined not more than $10,000 or imprisoned not more than 10 years, or both. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.164 Unlawful storage. Any person who stores any explosive material in a manner not in conformity with this part, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Sec. 55.165 Failure to report theft or loss. Any person who has knowledge of the theft or loss of any explosive materials from his stock and fails to report the theft or loss within 24 hours of discovery in accordance with Sec. 55.30, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Sec. 55.166 Seizure or forfeiture. Any explosive materials involved or used or intended to be used in any violation of the Act or of this part or in any violation of any criminal law of the United States are subject to seizure and forfeiture, and all provisions of title 26, U.S.C. relating to the seizure, forfeiture, and disposition of firearms, as defined in 26 U.S.C. 5845(a), will, so far as applicable, extend to seizures and forfeitures under the Act. (See Sec. 72.27 of this title for regulations on summary destruction of explosive materials which are impracticable or unsafe to remove to a place of storage.) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-363, 60 FR 17449, Apr. 6, 1995] Subpart J--Marking of Plastic Explosives Sec. 55.180 Prohibitions relating to unmarked plastic explosives. (a) No person shall manufacture any plastic explosive that does not contain a detection agent. (b) No person shall import or bring into the United States, or export from the United States, any plastic explosive that does not contain a detection agent. This paragraph does not apply to the importation or bringing into the United States, or the exportation from the United States, of any plastic explosive that was imported or brought into, or manufactured in the United States prior to April 24, 1996, by or on behalf of any agency of the United States performing military or police functions (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives with respect to the United States. (c) No person shall ship, transport, transfer, receive, or possess any plastic explosive that does not contain a detection agent. This paragraph does not apply to: (1) The shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to April 24, 1996, by any person during the period beginning on that date and ending on April 24, 1999; or (2) The shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to April 24, 1996, by or on behalf of any agency of the United States performing a military or police function (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives with respect to the United States. (d) When used in this subpart, terms are defined as follows: (1) Convention on the Marking of Plastic Explosives means the Convention on the Marking of Plastic Explosives for the Purposes of Detection, Done at Montreal on 1 March 1991. (2) Date of entry into force of the Convention on the Marking of Plastic Explosives means that date on which the Convention enters into force with respect to the U.S. in accordance with the provisions of Article XIII of the Convention on the Marking of Plastic Explosives. [[Page 763]] (3) Detection agent means any one of the substances specified in this paragraph when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including-- (i) Ethylene glycol dinitrate (EGDN), C<INF>2</INF>H<INF>4</INF>(NO<INF>3</INF>)<INF>2</INF>, molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass; (ii) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C<INF>6</INF>H<INF>12</INF>(NO<INF>2</INF>)<INF>2</INF>, molecular weight 176, when the minimum concentration in the finished explosive is 0.1 percent by mass; (iii) Para-Mononitrotoluene (p-MNT), C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; (iv) Ortho-Mononitrotoluene (o-MNT), C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; and (v) Any other substance in the concentration specified by the Director, after consultation with the Secretary of State and Secretary of Defense, that has been added to the table in Part 2 of the Technical Annex to the Convention on the Marking of Plastic Explosives. (4) Plastic explosive means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less than 10-\4\ Pa at a temperature of 25 deg.C, is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature. High explosives, as defined in Sec. 55.202(a), are explosive materials which can be caused to detonate by means of a blasting cap when unconfined. [T.D. ATF-387, 62 FR 8376, Feb. 25, 1997] Sec. 55.181 Reporting of plastic explosives. All persons, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive on April 24, 1996, shall submit a report to the Director no later than August 22, 1996. The report shall be in writing and mailed by certified mail (return receipt requested) to the Director at P.O. Box 50204, Washington, DC 20091-0204. The report shall include the quantity of plastic explosives possessed on April 24, 1996; any marks of identification on such explosives; the name and address of the manufacturer or importer; the storage location of such explosives, including the city and State; and the name and address of the person possessing the plastic explosives. (Approved by the Office of Management and Budget under control number 1512-0535) [T.D. ATF-382, 61 FR 38085, July 23, 1996, as amended by T.D. ATF-387, 62 FR 8377, Feb. 25, 1997] Sec. 55.182 Exceptions. It is an affirmative defense against any proceeding involving Secs. 55.180 and 55.181 if the proponent proves by a preponderance of the evidence that the plastic explosive-- (a) Consisted of a small amount of plastic explosive intended for and utilized solely in lawful-- (1) Research, development, or testing of new or modified explosive materials; (2) Training in explosives detection or development or testing of explosives detection equipment; or (3) Forensic science purposes; or (b) Was plastic explosive that, by April 24, 1999, will be or is incorporated in a military device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is incorporated in, and remains an integral part of a military device that is intended to become, or has become, the property of any agency of the United States performing military or police functions (including any military reserve component) or the National Guard of any State, wherever such device is located. For purposes of this paragraph, the term ``military device'' includes, but is not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes. [T.D. ATF-387, 62 FR 8377, Feb. 25, 1997] [[Page 764]] Sec. 55.183 Importation of plastic explosives on or after April 24, 1997. Persons filing Form 6 applications for the importation of plastic explosives on or after April 24, 1997, shall attach to the application the following written statement, prepared in triplicate, executed under the penalties of perjury: (a) ``I declare under the penalties of perjury that the plastic explosive to be imported contains a detection agent as required by 27 CFR 55.180(b)''; or (b) ``I declare under the penalties of perjury that the plastic explosive to be imported is a ``small amount'' to be used for research, training, or testing purposes and is exempt from the detection agent requirement pursuant to 27 CFR 55.182.'' [T.D. ATF-387, 62 FR 8377, Feb. 25, 1997] Sec. 55.184 Statements of process and samples. (a) A complete and accurate statement of process with regard to any plastic explosive or to any detection agent that is to be introduced into a plastic explosive or formulated in such plastic explosive shall be submitted by a licensed manufacturer or licensed importer, upon request, to the Director. (b) Samples of any plastic explosive or detection agent shall be submitted by a licensed manufacturer or licensed importer, upon request, to the Director. (Paragraph (a) approved by the Office of Management and Budget under control number 1512-0539) [T.D. ATF-387, 62 FR 8378, Feb. 25, 1997] Sec. 55.185 Criminal sanctions. Any person who violates the provisions of 18 U.S.C. 842(l)-(o) shall be fined under title 18, U.S.C., imprisoned for not more than 10 years, or both. [T.D. ATF-387, 62 FR 8378, Feb. 25, 1997] Sec. 55.186 Seizure or forfeiture. Any plastic explosive that does not contain a detection agent in violation of 18 U.S.C. 842(l)-(n) is subject to seizure and forfeiture, and all provisions of 19 U.S.C. 1595a, relating to seizure, forfeiture, and disposition of merchandise introduced or attempted to be introduced into the U.S. contrary to law, shall extend to seizures and forfeitures under this subpart. See Sec. 72.27 of this chapter for regulations on summary destruction of plastic explosives that do not contain a detection agent. [T.D. ATF-387, 62 FR 8378, Feb. 25, 1997] Subpart K--Storage Sec. 55.201 General. (a) Section 842(j) of the Act and Sec. 55.29 of this part require that the storage of explosive materials by any person must be in accordance with the regulations in this part. Further, section 846 of this Act authorizes regulations to prevent the recurrence of accidental explosions in which explosive materials were involved. The storage standards prescribed by this subpart confer no right or privileges to store explosive materials in a manner contrary to State or local law. (b) The Director may authorize alternate construction for explosives storage magazines when it is shown that the alternate magazine construction is substantially equivalent to the standards of safety and security contained in this subpart. Any alternate explosive magazine construction approved by the Director prior to August 9, 1982, will continue as approved unless notified in writing by the Director. Any person intending to use alternate magazine construction shall submit a letter application to the regional director (compliance) for transmittal to the Director, specifically describing the proposed magazine. Explosive materials may not be stored in alternate magazines before the applicant has been notified that the application has been approved. (c) A licensee or permittee who intends to make changes in his magazines, or who intends to construct or acquire additional magazines, shall comply with Sec. 55.63. (d) The regulations set forth in Sec. Sec. 55.221 through 55.224 pertain to the storage of display fireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks and articles pyrotechnic. (e) The provisions of Sec. 55.202(a) classifying flash powder and bulk salutes as high explosives are mandatory [[Page 765]] after March 7, 1990: Provided, that those persons who hold licenses or permits under this part on that date shall, with respect to the premises covered by such licenses or permits, comply with the high explosives storage requirements for flash powder and bulk salutes by March 7, 1991. (f) Any person who stores explosive materials shall notify the authority having jurisdiction for fire safety in the locality in which the explosive materials are being stored of the type, magazine capacity, and location of each site where such explosive materials are stored. Such notification shall be made orally before the end of the day on which storage of the explosive materials commenced and in writing within 48 hours from the time such storage commenced. (Paragraph (f) approved by the Office of Management and Budget under control number 1512-0536) [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-293, 55 FR 3722, Feb. 5, 1990; T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.202 Classes of explosive materials. For purposes of this part, there are three classes of explosive materials. These classes, together with the description of explosive materials comprising each class, are as follows: (a) High explosives. Explosive materials which can be caused to detonate by means of a blasting cap when unconfined, (for example, dynamite, flash powders, and bulk salutes). See also Sec. 55.201(e). (b) Low explosives. Explosive materials which can be caused to deflagrate when confined (for example, black powder, safety fuses, igniters, igniter cords, fuse lighters, and ``display fireworks'' classified as UN0333, UN0334, or UN0335 by the U.S. Department of Transportation regulations at 49 CFR 172.101, except for bulk salutes). (c) Blasting agents. (For example, ammonium nitrate-fuel oil and certain water-gels (see also Sec. 55.11). [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-293, 55 FR 3722, Feb. 5, 1990; T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.203 Types of magazines. For purposes of this part, there are five types of magazines. These types, together with the classes of explosive materials, as defined in Sec. 55.202, which will be stored in them, are as follows: (a) Type 1 magazines. Permanent magazines for the storage of high explosives, subject to the limitations prescribed by Secs. 55.206 and 55.213. Other classes of explosive materials may also be stored in type 1 magazines. (b) Type 2 magazines. Mobile and portable indoor and outdoor magazines for the storage of high explosives, subject to the limitations prescribed by Secs. 55.206, 55.208(b), and 55.213. Other classes of explosive materials may also be stored in type 2 magazines. (c) Type 3 magazines. Portable outdoor magazines for the temporary storage of high explosives while attended (for example, a ``day-box''), subject to the limitations prescribed by Secs. 55.206 and 55.213. Other classes of explosives materials may also be stored in type 3 magazines. (d) Type 4 magazines. Magazines for the storage of low explosives, subject to the limitations prescribed by Secs. 55.206(b), 55.210(b), and 55.213. Blasting agents may be stored in type 4 magazines, subject to the limitations prescribed by Secs. 55.206(c), 55.211(b), and 55.213. Detonators that will not mass detonate may also be stored in type 4 magazines, subject to the limitations prescribed by Secs. 55.206(a), 55.210(b), and 55.213. (e) Type 5 magazines. Magazines for the storage of blasting agents, subject to the limitations prescribed by Secs. 55.206(c), 55.211(b), and 55.213. Sec. 55.204 Inspection of magazines. Any person storing explosive materials shall inspect his magazines at least every seven days. This inspection need not be an inventory, but must be sufficient to determine whether there has been unauthorized entry or attempted entry into the magazines, or unauthorized removal of the contents of the magazines. Sec. 55.205 Movement of explosive materials. All explosive materials must be kept in locked magazines meeting the [[Page 766]] standards in this subpart unless they are: (a) In the process of manufacture; (b) Being physically handled in the operating process of a licensee or user; (c) Being used; or (d) Being transported to a place of storage or use by a licensee or permittee or by a person who has lawfully acquired explosive materials under Sec. 55.106. Sec. 55.206 Location of magazines. (a) Outdoor magazines in which high explosives are stored must be located no closer to inhabited buildings, passenger railways, public highways, or other magazines in which high explosives are stored, than the minimum distances specified in the table of distances for storage of explosive materials in Sec. 55.218. (b) Outdoor magazines in which low explosives are stored must be located no closer to inhibited buildings, passenger railways, public highways, or other magazines in which explosive materials are stored, than the minimum distances specified in the table of distances for storage of low explosives in Sec. 55.219, except that the table of distances in Sec. 55.224 shall apply to the storage of display fireworks. The distances shown in Sec. 55.219 may not be reduced by the presence of barricades. (c)(1) Outdoor magazines in which blasting agents in quantities of more than 50 pounds are stored must be located no closer to inhabited buildings, passenger railways, or public highways than the minimum distances specified in the table of distances for storage of explosive materials in Sec. 55.218. (2) Ammonium nitrate and magazines in which blasting agents are stored must be located no closer to magazines in which high explosives or other blasting agents are stored than the minimum distances specified in the table of distances for the separation of ammonium nitrate and blasting agents in Sec. 55.220. However, the minimum distances for magazines in which explosives and blasting agents are stored from inhabited buildings, etc., may not be less than the distances specified in the table of distances for storage of explosives materials in Sec. 55.218. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-293, 55 FR 3722, Feb. 5, 1990; T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.207 Construction of type 1 magazines. A type 1 magazine is a permanent structure: a building, an igloo or ``Army-type structure'', a tunnel, or a dugout. It is to be bullet- resistant, fire-resistant, weather-resistant, theft-resistant, and ventilated. (a) Buildings. All building type magazines are to be constructed of masonry, wood, metal, or a combination of these materials, and have no openings except for entrances and ventilation. The ground around building magazines must slope away for drainage or other adequate drainage provided. (1) Masonry wall construction. Masonry wall construction is to consist of brick, concrete, tile, cement block, or cinder block and be not less than 6 inches in thickness. Hollow masonry units used in construction must have all hollow spaces filled with well-tamped, coarse, dry sand or weak concrete (at least a mixture of one part cement and eight parts of sand with enough water to dampen the mixture while tamping in place). Interior walls are to be constructed of, or covered with, a nonsparking material. (2) Fabricated metal wall construction. Metal wall construction is to consist of sectional sheets of steel or aluminum not less than number 14-gauge, securely fastened to a metal framework. Metal wall construction is either lined inside with brick, solid cement blocks, hardwood not less than four inches thick, or will have at least a six inch sand fill between interior and exterior walls. Interior walls are to be constructed of, or covered with, a nonsparking material. (3) Wood frame wall construction. The exterior of outer wood walls is to be covered with iron or aluminum not less than number 26-gauge. An inner wall of, or covered with nonsparking material will be constructed so as to provide a space of not less than six inches between the outer and inner walls. The space is to be filled with coarse, dry sand or weak concrete. [[Page 767]] (4) Floors. Floors are to be constructed of, or covered with, a nonsparking material and shall be strong enough to bear the weight of the maximum quantity to be stored. Use of pallets covered with a nonsparking material is considered equivalent to a floor constructed of or covered with a nonsparking material. (5) Foundations. Foundations are to be constructed of brick, concrete, cement block, stone, or wood posts. If piers or posts are used, in lieu of a continuous foundation, the space under the buildings is to be enclosed with metal. (6) Roof. Except for buildings with fabricated metal roofs, the outer roof is to be covered with no less than number 26-guage iron or aluminum, fastened to at least \7/8\ inch sheathing. (7) Bullet-resistant ceilings or roofs. Where it is possible for a bullet to be fired directly through the roof and into the magazine at such an angle that the bullet would strike the explosives within, the magazine is to be protected by one of the following methods: (i) A sand tray lined with a layer of building paper, plastic, or other nonporous material, and filled with not less than four inches of coarse, dry sand, and located at the tops of inner walls covering the entire ceiling area, except that portion necessary for ventilation. (ii) A fabricated metal roof constructed of \3/16\-inch plate steel lined with four inches of hardwood. (For each additional \1/16\ inch of plate steel, the hardwood lining may be decreased one inch.) (8) Doors. All doors are to be constructed of not less than \1/4\ inch plate steel and lined with at least two inches of hardwood. Hinges and hasps are to be attached to the doors by welding, riveting or bolting (nuts on inside of door). They are to be installed in such a manner that the hinges and hasps cannot be removed when the doors are closed and locked. (9) Locks. Each door is to be equipped with (i) two mortise locks; (ii) two padlock fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must have at least five tumblers and a casehardened shackle of at least \3/8\ inch diameter. Padlocks must be protected with not less than \1/4\ inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside. (10) Ventilation. Ventilation is to be provided to prevent dampness and heating of stored explosive materials. Ventilation openings must be screened to prevent the entrance of sparks. Ventilation openings in side walls and foundations must be offset or shielded for bullet-resistant purposes. Magazines having foundation and roof ventilators with the air circulating between the side walls and the floors and between the side walls and the ceiling must have a wooden lattice lining or equivalent to prevent the packages of explosive materials from being stacked against the side walls and blocking the air circulation. (11) Exposed metal. No sparking material is to be exposed to contact with the stored explosive materials. All ferrous metal nails in the floor and side walls, which might be exposed to contact with explosive materials, must be blind nailed, countersunk, or covered with a nonsparking lattice work or other nonsparking material. (b) Igloos, ``Army-type structures'', tunnels, and dugouts. Igloo, ``Army-type structure'', tunnel, and dugout magazines are to be constructed of reinforced concrete, masonry, metal, or a combination of these materials. They must have an earthmound covering of not less than 24 inches on the top, sides and rear unless the magazine meets the requirements of paragraph (a)(7) of this section. Interior walls and floors must be constructed of, or covered with, a nonsparking material. Magazines of this type are also to be constructed in conformity with the requirements of paragraph (a)(4) and paragraphs (a)(8) through (11) of this section. Sec. 55.208 Construction of type 2 magazines. A type 2 magazine is a box, trailer, semitrailer, or other mobile facility. [[Page 768]] (a) Outdoor magazines--(1) General. Outdoor magazines are to be bullet-resistant, fire-resistant, weather-resistant, theft-resistant, and ventilated. They are to be supported to prevent direct contact with the ground and, if less than one cubic yard in size, must be securely fastened to a fixed object. The ground around outdoor magazines must slope away for drainage or other adequate drainage provided. When unattended, vehicular magazines must have wheels removed or otherwise effectively immobiliized by kingpin locking devices or other methods approved by the Director. (2) Exterior construction. The exterior and doors are to be constructed of not less than \1/4\-inch steel and lined with at least two inches of hardwood. Magazines with top openings will have lids with water-resistant seals or which overlap the sides by at least one inch when in a closed position. (3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside of door). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked. (4) Locks. Each door is to be equipped with (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must have at least five tumblers and a case-hardened shackle of at least \3/8\- inch diameter. Padlocks must be protected with not less than \1/4\-inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside. (b) Indoor magazines--(1) General. Indoor magazines are to be fire- resistant and theft-resistant. They need not be bullet-resistant and weather-resistant if the buildings in which they are stored provide protection from the weather and from bullet penetration. No indoor magazine is to be located in a residence or dwelling. The indoor storage of high explosives must not exceed a quantity of 50 pounds. More than one indoor magazine may be located in the same building if the total quantity of explosive materials stored does not exceed 50 pounds. Detonators must be stored in a separate magazine (except as provided in Sec. 55.213) and the total quantity of detonators must not exceed 5,000. (2) Exterior construction. Indoor magazines are to be constructed of wood or metal according to one of the following specifications: (i) Wood indoor magazines are to have sides, bottoms and doors constructed of at least two inches of hardwood and are to be well braced at the corners. They are to be covered with sheet metal of not less than number 26-gauge (.0179 inches). Nails exposed to the interior of magazines must be countersunk. (ii) Metal indoor magazines are to have sides, bottoms and doors constructed of not less than number 12-gauge (.1046 inches) metal and be lined inside with a nonsparking material. Edges of metal covers must overlap sides at least one inch. (3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside of door). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked. (4) Locks. Each door is to be equipped with (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must have at least five tumblers and a case-hardened shackle of at least \3/8\- inch diameter. Padlocks must be protected with not less than \1/4\-inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. Indoor magazines located in secure rooms that are locked as provided in this subparagraph may have each door locked with one steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least \3/8\-inch diameter, if the door hinges and lock hasp are securely fastened to the magazine. These requirements do not apply to magazine doors that are adequately secured on the inside by means [[Page 769]] of a bolt, lock, or bar that cannot be actuated from the outside. (c) Detonator boxes. Magazines for detonators in quantities of 100 or less are to have sides, bottoms and doors constructed of not less than number 12-gauge (.1046 inches) metal and lined with a nonsparking material. Hinges and hasps must be attached so they cannot be removed from the outside. One steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least \3/8\-inch diameter is sufficient for locking purposes. Sec. 55.209 Construction of type 3 magazines. A type 3 magazine is a ``day-box'' or other portable magazine. It must be fire-resistant, weather-resistant, and theft-resistant. A type 3 magazine is to be constructed of not less than number 12-gauge (.1046 inches) steel, lined with at least either \1/2\-inch plywood or \1/2\- inch Masonite-type hardboard. Doors must overlap sides by at least one inch. Hinges and hasps are to be attached by welding, riveting or bolting (nuts on inside). One steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least \3/8\-inch diameter is sufficient for locking purposes. Explosive materials are not to be left unattended in type 3 magazines and must be removed to type 1 or 2 magazines for unattended storage. Sec. 55.210 Construction of type 4 magazines. A type 4 magazine is a building, igloo or ``Army-type structure'', tunnel, dugout, box, trailer, or a semitrailer or other mobile magazine. (a) Outdoor magazines--(1) General. Outdoor magazines are to be fire-resistant, weather-resistant, and theft-resistant. The ground around outdoor magazines must slope away for drainage or other adequate drainage be provided. When unattended, vehicular magazines must have wheels removed or otherwise be effectively immobilized by kingpin locking devices or other methods approved by the Director. (2) Construction. Outdoor magazines are to be constructed of masonry, metal-covered wood, fabricated metal, or a combination of these materials. Foundations are to be constructed of brick, concrete, cement block, stone, or metal or wood posts. If piers or posts are used, in lieu of a continuous foundation, the space under the building is to be enclosed with fire-resistant material. The walls and floors are to be constructed of, or covered with, a nonsparking material or lattice work. The doors must be metal or solid wood covered with metal. (3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside of door). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked. (4) Locks. Each door is to be equipped with (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must have at least five tumblers and case-hardened shackle of at least \3/8\ inch diameter. Padlocks must be protected with not less than \1/4\ inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside. (b) Indoor magazine--(1) General. Indoor magazines are to be fire- resistant and theft-resistant. They need not be weather-resistant if the buildings in which they are stored provide protection from the weather. No indoor magazine is to be located in a residence or dwelling. The indoor storage of low explosives must not exceed a quantity of 50 pounds. More than one indoor magazine may be located in the same building if the total quantity of explosive materials stored does not exceed 50 pounds. Detonators that will not mass detonate must be stored in a separate magazine and the total number of electric detonators must not exceed 5,000. (2) Construction. Indoor magazines are to be constructed of masonry, metal-covered wood, fabricated metal, or a combination of these materials. The walls and floors are to be constructed [[Page 770]] of, or covered with, a nonsparking material. The doors must be metal or solid wood covered with metal. (3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside of door). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked. (4) Locks. Each door is to be equipped with (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must have at least five tumblers and a case-hardened shackle of at least \3/8\ inch diameter. Padlocks must be protected with not less than \1/4\ inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. Indoor magazines located in secure rooms that are locked as provided in this subparagraph may have each door locked with one steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least \3/8\ inch diameter, if the door hinges and lock hasp are securely fastened to the magazine. These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside. Sec. 55.211 Construction of type 5 magazines. A type 5 magazine is a building, igloo or ``Army-type structure'', tunnel, dugout, bin, box, trailer, or a semitrailer or other mobile facility. (a) Outdoor magazines--(1) General. Outdoor magazines are to be weather-resistant and theft-resistant. The ground around magazines must slope away for drainage or other adequate drainage be provided. When unattended, vehicular magazines must have wheels removed or otherwise be effectively immobilized by kingpin locking devices or other methods approved by the Director. (2) Construction. The doors are to be constructed of solid wood or metal. (3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside of door). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked. (4) Locks. Each door is to be equipped with (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock that requires two keys to open; or (v) a three-point lock. Padlocks must have at least five tumblers and a case-hardened shackle of at least \3/8\ inch diameter. Padlocks must be protected with not less than \1/4\ inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. Trailers, semitrailers, and similar vehicular magazines may, for each door, be locked with one steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least \3/8\ inch diameter, if the door hinges and lock hasp are securely fastened to the magazine and to the door frame. These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside. (5) Placards. The placards required by Department of Transportation regulations at 49 CFR part 172, subpart F, for the transportation of blasting agents shall be displayed on all magazines. (b) Indoor magazines--(1) General. Indoor magazines are to be theft- resistant. They need not be weather-resistant if the buildings in which they are stored provide protection from the weather. No indoor magazine is to be located in a residence or dwelling. Indoor magazines containing quantities of blasting agents in excess of 50 pounds are subject to the requirements of Sec. 55.206 of this subpart. (2) Construction. The doors are to be constructed of wood or metal. (3) Hinges and hasps. Hinges and hasps are to be attached to doors by welding, riveting, or bolting (nuts on inside). Hinges and hasps must be installed so that they cannot be removed when the doors are closed and locked. (4) Locks. Each door is to be equipped with (i) two mortise locks; (ii) two padlocks fastened in separate hasps and staples; (iii) a combination of a mortise lock and a padlock; (iv) a mortise lock [[Page 771]] that requires two keys to open; or (v) a three-point lock. Padlocks must have at least five tumblers and a case-hardened shackle of at least \3/ 8\ inch diameter. Padlocks must be protected with not less than \1/4\ inch steel hoods constructed so as to prevent sawing or lever action on the locks, hasps, and staples. Indoor magazines located in secure rooms that are locked as provided in this subparagraph may have each door locked with one steel padlock (which need not be protected by a steel hood) having at least five tumblers and a case-hardened shackle of at least \3/8\ inch diameter, if the door hinges and lock hasps are securely fastened to the magazine and to the door frame. These requirements do not apply to magazine doors that are adequately secured on the inside by means of a bolt, lock, or bar that cannot be actuated from the outside. [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-298, 55 FR 21863, May 30, 1990] Sec. 55.212 Smoking and open flames. Smoking, matches, open flames, and spark producing devices are not permitted: (a) In any magazine; (b) Within 50 feet of any outdoor magazine; or (c) Within any room containing an indoor magazine. Sec. 55.213 Quantity and storage restrictions. (a) Explosive materials in excess of 300,000 pounds or detonators in excess of 20 million are not to be stored in one magazine unless approved by the Director. (b) Detonators are not to be stored in the same magazine with other explosive materials, except under the following circumstances: (1) In a type 4 magazine, detonators that will not mass detonate may be stored with electric squibs, safety fuse, igniters, and igniter cord. (2) In a type 1 or type 2 magazine, detonators may be stored with delay devices and any of the items listed in paragraph (b)(1) of this section. Sec. 55.214 Storage within types 1, 2, 3, and 4 magazines. (a) Explosive materials within a magazine are not to be placed directly against interior walls and must be stored so as not to interfere with ventilation. To prevent contact of stored explosive materials with walls, a nonsparking lattice work or other nonsparking material may be used. (b) Containers of explosive materials are to be stored so that marks are visible. Stocks of explosive materials are to be stored so they can be easily counted and checked upon inspection. (c) Except with respect to fiberboard or other nonmetal containers, containers of explosive materials are not to be unpacked or repacked inside a magazine or within 50 feet of a magazine, and must not be unpacked or repacked close to other explosive materials. Containers of explosive materials must be closed while being stored. (d) Tools used for opening or closing containers of explosive materials are to be of nonsparking materials, except that metal slitters may be used for opening fiberboard containers. A wood wedge and a fiber, rubber, or wooden mallet are to be used for opening or closing wood containers of explosive materials. Metal tools other than nonsparking transfer conveyors are not to be stored in any magazine containing high explosives. Sec. 55.215 Housekeeping. Magazines are to be kept clean, dry, and free of grit, paper, empty packages and containers, and rubbish. Floors are to be regularly swept. Brooms and other utensils used in the cleaning and maintenance of magazines must have no spark-producing metal parts, and may be kept in magazines. Floors stained by leakage from explosive materials are to be cleaned according to instructions of the explosives manufacturer. When any explosive material has deteriorated it is to be destroyed in accordance with the advice or instructions of the manufacturer. The area surrounding magazines is to be kept clear of rubbish, brush, dry grass, or trees (except live trees more than 10 feet tall), for not less than 25 feet in all directions. Volatile materials are to be kept a distance of not less than 50 feet [[Page 772]] from outdoor magazines. Living foliage which is used to stabilize the earthen covering of a magazine need not be removed. Sec. 55.216 Repair of magazines. Before repairing the interior of magazines, all explosive materials are to be removed and the interior cleaned. Before repairing the exterior of magazines, all explosive materials must be removed if there exists any possibility that repairs may produce sparks or flame. Explosive materials removed from magazines under repair must be (a) placed in other magazines appropriate for the storage of those explosive materials under this subpart, or (b) placed a safe distance from the magazines under repair where they are to be properly guarded and protected until the repairs have been completed. Sec. 55.217 Lighting. (a) Battery-activated safety lights or battery-activated safety lanterns may be used in explosives storage magazines. (b) Electric lighting used in any explosives storage magazine must meet the standards prescribed by the ``National Electrical Code,'' (National Fire Protection Association, NFPA 70-81), for the conditions present in the magazine at any time. All electrical switches are to be located outside of the magazine and also meet the standards prescribed by the National Electrical Code. (c) Copies of invoices, work orders or similar documents which indicate the lighting complies with the National Electrical Code must be available for inspection by ATF officers. Sec. 55.218 Table of distances for storage of explosive materials. -------------------------------------------------------------------------------------------------------------------------------------------------------- Quantity of explosives Distances in feet -------------------------------------------------------------------------------------------------------------------------------------------------------- Inhabited buildings Public highways with traffic Passenger railways--public Separation of magazines -------------------------------- volume 3000 or less vehicles/ highways with traffic volume ------------------------------- Pounds not day of more than 3,000 vehicles Pounds over over -------------------------------- bay Barricaded Unbarricaded -------------------------------- Barricaded Unbarricaded Barricaded Unbarricaded Barricaded Unbarricaded -------------------------------------------------------------------------------------------------------------------------------------------------------- 0.......... 5 70 140 30 60 51 102 6 12 5.......... 10 90 180 35 70 64 128 8 16 10......... 20 110 220 45 90 81 162 10 20 20......... 30 125 250 50 100 93 186 11 22 30......... 40 140 280 55 110 103 206 12 24 40......... 50 150 300 60 120 110 220 14 28 50......... 75 170 340 70 140 127 254 15 30 75......... 100 190 380 75 150 139 278 16 32 100........ 125 200 400 80 160 150 300 18 36 125........ 150 215 430 85 170 159 318 19 38 150........ 200 235 470 95 190 175 350 21 42 200........ 250 255 510 105 210 189 378 23 46 250........ 300 270 540 110 220 201 402 24 48 300........ 400 295 590 120 240 221 442 27 54 400........ 500 320 640 130 260 238 476 29 58 500........ 600 340 680 135 270 253 506 31 62 600........ 700 355 710 145 290 266 532 32 64 700........ 800 375 750 150 300 278 556 33 66 800........ 900 390 780 155 310 289 578 35 70 900........ 1,000 400 800 160 320 300 600 36 72 1,000...... 1,200 425 850 165 330 318 636 39 78 1,200...... 1,400 450 900 170 340 336 672 41 82 1,400...... 1,600 470 940 175 350 351 702 43 86 1,600...... 1,800 490 980 180 360 366 732 44 88 1,800...... 2,000 505 1,010 185 370 378 756 45 90 2,000...... 2,500 545 1,090 190 380 408 816 49 98 2,500...... 3,000 580 1,160 195 390 432 864 52 104 3,000...... 4,000 635 1,270 210 420 474 948 58 116 4,000...... 5,000 685 1,370 225 450 513 1,026 61 122 5,000...... 6,000 730 1,460 235 470 546 1,092 65 130 6,000...... 7,000 770 1,540 245 490 573 1,146 68 136 7,000...... 8,000 800 1,600 250 500 600 1,200 72 144 8,000...... 9,000 835 1,670 255 510 624 1,248 75 150 9,000...... 10,000 865 1,730 260 520 645 1,290 78 156 10,000..... 12,000 875 1,750 270 540 687 1,374 82 164 12,000..... 14,000 885 1,770 275 550 723 1,446 87 174 [[Page 773]] 14,000..... 16,000 900 1,800 280 560 756 1,512 90 180 16,000..... 18,000 940 1,880 285 570 786 1,572 94 188 18,000..... 20,000 975 1,950 290 580 813 1,626 98 196 20,000..... 25,000 1,055 2,000 315 630 876 1,752 105 210 25,000..... 30,000 1,130 2,000 340 680 933 1,866 112 224 30,000..... 35,000 1,205 2,000 360 720 981 1,962 119 238 35,000..... 40,000 1,275 2,000 380 760 1,026 2,000 124 248 40,000..... 45,000 1,340 2,000 400 800 1,068 2,000 129 258 45,000..... 50,000 1,400 2,000 420 840 1,104 2,000 135 270 50,000..... 55,000 1,460 2,000 440 880 1,140 2,000 140 280 55,000..... 60,000 1,515 2,000 455 910 1,173 2,000 145 290 60,000..... 65,000 1,565 2,000 470 940 1,206 2,000 150 300 65,000..... 70,000 1,610 2,000 485 970 1,236 2,000 155 310 70,000..... 75,000 1,655 2,000 500 1,000 1,263 2,000 160 320 75,000..... 80,000 1,695 2,000 510 1,020 1,293 2,000 165 330 80,000..... 85,000 1,730 2,000 520 1,040 1,317 2,000 170 340 85,000..... 90,000 1,760 2,000 530 1,060 1,344 2,000 175 350 90,000..... 95,000 1,790 2,000 540 1,080 1,368 2,000 180 360 95,000..... 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 2,000 195 390 110,000.... 120,000 1,855 2,000 555 1,110 1,479 2,000 205 410 120,000.... 130,000 1,875 2,000 560 1,120 1,521 2,000 215 430 130,000.... 140,000 1,890 2,000 565 1,130 1,557 2,000 225 450 140,000.... 150,000 1,900 2,000 570 1,140 1,593 2,000 235 470 150,000.... 160,000 1,935 2,000 580 1,160 1,629 2,000 245 490 160,000.... 170,000 1,965 2,000 590 1,180 1,662 2,000 255 510 170,000.... 180,000 1,990 2,000 600 1,200 1,695 2,000 265 530 180,000.... 190,000 2,010 2,010 605 1,210 1,725 2,000 275 550 190,000.... 200,000 2,030 2,030 610 1,220 1,755 2,000 285 570 200,000.... 210,000 2,055 2,055 620 1,240 1,782 2,000 295 590 210,000.... 230,000 2,100 2,100 635 1,270 1,836 2,000 315 630 230,000.... 250,000 2,155 2,155 650 1,300 1,890 2,000 335 670 250,000.... 275,000 2,215 2,215 670 1,340 1,950 2,000 360 720 275,000.... 300,000 2,275 2,275 690 1,380 2,000 2,000 385 770 -------------------------------------------------------------------------------------------------------------------------------------------------------- Table: American Table of Distances for Storage of Explosives (December 1910), as Revised and Approved by the Institute of Makers of Explosives--July, 1991. Notes to the Table of Distances for Storage of Explosives (1) Terms found in the table of distances for storage of explosive materials are defined in Sec. 55.11. (2) When two or more storage magazines are located on the same property, each magazine must comply with the minimum distances specified from inhabited buildings, railways, and highways, and, in addition, they should be separated from each other by not less than the distances shown for ``Separation of Magazines,'' except that the quantity of explosives contained in cap magazines shall govern in regard to the spacing of said cap magazines from magazines containing other explosives. If any two or more magazines are separated from each other by less than the specified ``Separation of Magazines'' distances, then such two or more magazines, as a group, must be considered as one magazine, and the total quantity of explosives stored in such group must be treated as if stored in a single magazine located on the site of any magazine of the group, and must comply with the minimum of distances specified from other magazines, inhabited buildings, railways, and highways. (3) All types of blasting caps in strengths through No. 8 cap should be rated at 1\1/2\ lbs. of explosives per 1,000 caps. For strengths higher than No. 8 cap, consult the manufacturer. (4) For quantity and distance purposes, detonating cord of 50 or 60 grains per foot should be calculated as equivalent to 9 lbs. of high explosives per 1,000 feet. Heavier or lighter core loads should be rated proportionately. [[Page 774]] [T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-400, 63 FR 45003, Aug. 24, 1998] Sec. 55.219 Table of distances for storage of low explosives. ------------------------------------------------------------------------ Pounds From From public ----------------------------- inhabited railroad and From above building highway ground Over Not over distance distance magazine (feet) (feet) (feet) ------------------------------------------------------------------------ 0............ 1,000 75 75 50 1,000........ 5,000 115 115 75 5,000........ 10,000 150 150 100 10,000....... 20,000 190 190 125 20,000....... 30,000 215 215 145 30,000....... 40,000 235 235 155 40,000....... 50,000 250 250 165 50,000....... 60,000 260 260 175 60,000....... 70,000 270 270 185 70,000....... 80,000 280 280 190 80,000....... 90,000 295 295 195 90,000....... 100,000 300 300 200 100,000...... 200,000 375 375 250 200,000...... 300,000 450 450 300 ------------------------------------------------------------------------ Sec. 55.220 Table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents. Table: Department of Defense Ammunition and Explosives Standards, Table 5-4.1 Extract; 4145.27 M, March 1969 ------------------------------------------------------------------------ Donor weight (pounds) Minimum separation distance ----------------------------- of acceptor from donor when Minimum barricaded (ft.) thickness of ----------------------------- artificial Over Not over Ammonium Blasting barricades nitrate agent (in.) ------------------------------------------------------------------------ 100 3 11 12 100.......... 300 4 14 12 300.......... 600 5 18 12 600.......... 1,000 6 22 12 1,000........ 1,600 7 25 12 1,600........ 2,000 8 29 12 2,000........ 3,000 9 32 15 3,000........ 4,000 10 36 15 4,000........ 6,000 11 40 15 6,000........ 8,000 12 43 20 8,000........ 10,000 13 47 20 10,000....... 12,000 14 50 20 12,000....... 16,000 15 54 25 16,000....... 20,000 16 58 25 20,000....... 25,000 18 65 25 25,000....... 30,000 19 68 30 30,000....... 35,000 20 72 30 35,000....... 40,000 21 76 30 40,000....... 45,000 22 79 35 45,000....... 50,000 23 83 35 50,000....... 55,000 24 86 35 55,000....... 60,000 25 90 35 60,000....... 70,000 26 94 40 70,000....... 80,000 28 101 40 80,000....... 90,000 30 108 40 90,000....... 100,000 32 115 40 100,000...... 120,000 34 122 50 120,000...... 140,000 37 133 50 140,000...... 160,000 40 144 50 160,000...... 180,000 44 158 50 180,000...... 200,000 48 173 50 200,000...... 220,000 52 187 60 220,000...... 250,000 56 202 60 250,000...... 275,000 60 216 60 275,000...... 300,000 64 230 60 ------------------------------------------------------------------------ Table: National Fire Protection Association (NFPA) Official Standard No. 492, 1968 Notes of Table of Separation Distances of Ammonium Nitrate and Blasting Agents From Explosives or Blasting Agents (1) This table specifies separation distances to prevent explosion of ammonium nitrate and ammonium nitrate-based blasting agents by propagation from nearby stores of high explosives or blasting agents referred to in the table as the ``donor.'' Ammonium nitrate, by itself, is not considered to be a donor when applying this table. Ammonium nitrate, ammonium nitrate-fuel oil or combinations thereof are acceptors. If stores of ammonium nitrate are located within the sympathetic detonation distance of explosives or blasting agents, one- half the mass of the ammonium nitrate is to be included in the mass of the donor. (2) When the ammonium nitrate and/or blasting agent is not barricaded, the distances shown in the table must be multiplied by six. These distances allow for the possibility of high velocity metal fragments from mixers, hoppers, truck bodies, sheet metal structures, metal containers, and the like which may enclose the ``donor.'' Where explosives storage is in bullet-resistant magazines or where the storage is protected by a bullet-resistant wall, distances and barricade thicknesses in excess of those prescribed in the table in Sec. 55.218 are not required. (3) These distances apply to ammonium nitrate that passes the insensitivity test prescribed in the definition of ammonium nitrate fertilizer issued by the Fertilizer Institute.<SUP>1</SUP>Ammonium nitrate failing to pass the test must be stored at separation distances in accordance with the table in Sec. 55.218. --------------------------------------------------------------------------- <SUP>1</SUP> Definition and Test Procedures for Ammonium Nitrate Fertilizer, Fertilizer Institute 1015-18th St. N.W. Washington, DC 20036. --------------------------------------------------------------------------- (4) These distances apply to blasting agents which pass the insensitivity test prescribed in regulations of the U.S. Department of Transportation (49 CFR part 173). (5) Earth or sand dikes, or enclosures filled with the prescribed minimum thickness of [[Page 775]] earth or sand are acceptable artificial barricades. Natural barricades, such as hills or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the ``donor'' when the trees are bare of leaves, are also acceptable. (6) For determining the distances to be maintained from inhabited buildings, passenger railways, and public highways, use the table in Sec. 55.218. Sec. 55.221 Requirements for display fireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks or articles pyrotechnic. (a) Display fireworks, pyrotechnic compositions, and explosive materials used to assemble fireworks and articles pyrotechnic shall be stored at all times as required by this Subpart unless they are in the process of manufacture, assembly, packaging, or are being transported. (b) No more than 500 pounds (227 kg) of pyrotechnic compositions or explosive materials are permitted at one time in any fireworks mixing building, any building or area in which the pyrotechnic compositions or explosive materials are pressed or otherwise prepared for finishing or assembly, or any finishing or assembly building. All pyrotechnic compositions or explosive materials not in immediate use will be stored in covered, non-ferrous containers. (c) The maximum quantity of flash powder permitted in any fireworks process building is 10 pounds (4.5 kg). (d) All dry explosive powders and mixtures, partially assembled display fireworks, and finished display fireworks shall be removed from fireworks process buildings at the conclusion of a day's operations and placed in approved magazines. [T.D. ATF-293, 55 FR 3722, Feb. 5, 1990, as amended by T.D. ATF-400, 63 FR 45004, Aug. 24, 1998] Sec. 55.222 Table of distances between fireworks process buildings and between fireworks process and fireworks nonprocess buildings. ------------------------------------------------------------------------ Display fireworks Consumer fireworks Net weight of fireworks \1\ \2\ (feet) \3\ (feet) (pounds) ------------------------------------------------------------------------ 0-100......................... 57................ 37 101-200......................... 69................ 37 201-300......................... 77................ 37 301-400......................... 85................ 37 401-500......................... 91................ 37 Above 500....................... Not permitted \4\ Not permitted \4\ \5\. \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 artificial barricades. If such barricades are not used, the distances must be doubled. \3\ While consumer fireworks or articles pyrotechnic in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such fireworks or articles are subject to regulation. Thus, fireworks process buildings where consumer fireworks or articles pyrotechnic are being processed shall meet these requirements. \4\ A maximum of 500 pounds of in-process pyrotechnic compositions, either loose or in partially-assembled fireworks, is permitted in any fireworks process building. Finished display fireworks may not be stored in a fireworks process building. \5\ A maximum of 10 pounds of flash powder, either in loose form or in assembled units, is permitted in any fireworks process building. Quantities in excess of 10 pounds must be kept in an approved magazine. [T.D. ATF-293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF-400, 63 FR 45004, Aug. 24, 1998] Sec. 55.223 Table of distances between fireworks process buildings and other specified areas. Distance from Passenger Railways, Public Highways, Fireworks Plant Buildings used to Store Consumer Fireworks and Articles Pyrotechnic, Magazines and Fireworks Shipping Buildings, and Inhabited Buildings. \3\ \4\ \5\ ------------------------------------------------------------------------ Display fireworks Consumer fireworks Net weight of fireworks \1\ \1\ (feet) \2\ (feet) (pounds) ------------------------------------------------------------------------ 0-100......................... 200............... 25 101-200......................... 200............... 50 201-300......................... 200............... 50 301-400......................... 200............... 50 401-500......................... 200............... 50 Above 500....................... Not permitted..... Not permitted. ------------------------------------------------------------------------ \1\ Net weight is the weight of all pyrotechnic compositions, and exposive materials and fuse only. \2\ While consumer fireworks or articles pyrotechnic in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such fireworks or articles are subject to regulation. Thus, fireworks process buildings where consumer fireworks or articles pyrotechnic are being processed shall meet these requirements. \3\ This table does not apply to the separation distances between fireworks process buildings (see Sec. 55.222) and between magazines (see Secs. 55.218 and 55.224). \4\ The distances in this table apply with or without artificial or natural barricades or screen barricades. However, the use of barricades is highly recommended. \5\ No work of any kind, except to place or move items other than explosive materials from storage, shall be conducted in any building designated as a warehouse. A fireworks plant warehouse is not subject to Sec. 55.222 or this section, tables of distances. [T.D. ATF-293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF-400, 63 FR 45004, Aug. 24, 1998] [[Page 776]] Sec. 55.224 Table of distances for the storage of display fireworks (except bulk salutes). ------------------------------------------------------------------------ Distance between magazine and inhabited building, Distance between Net weight of firework \1\ passenger railway, magazines \2\ \3\ (pounds) or public highway (feet) \3\ \4\ (feet) ------------------------------------------------------------------------ 0-1000.......................... 150................ 100 1001-5000....................... 230................ 150 5001-10000...................... 300................ 200 Above 10000..................... Use table Sec. ................. 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 ``magazine'' also includes fireworks shipping buildings for display fireworks. \3\ For fireworks storage magazines in use prior to (30 days from the date of publication of the final rule in the Federal Register), the distances in this table may be halved if properly barricaded between the magazine and potential receptor sites. \4\ This table does not apply to the storage of bulk salutes. Use table at Sec. 55.218. [T.D. ATF-293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF-400, 63 FR 45004, Aug. 24, 1998] [[Page 777]]