U.S.

Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Enforcement Programs and Services

Federal Explosives Law

and Regulations

2012
Table of Contents

Organized Crime Control Act of 1970, Title XI...................................................................... 1

Title 18, United States Code, Sec. 1102, Chapter 40. Importation, Manufacture,
Distribution and Storage of Explosive Materials........................................................................... 1

841. Definitions........................................................................................................................................... 1
842. Unlawful Acts...................................................................................................................................... 2
843. Licenses and User Permits.................................................................................................................. 5
844. Penalties............................................................................................................................................... 6
845. Exceptions; Relief From Disabilities.................................................................................................. 8
846. Additional Powers of the Attorney General......................................................................................... 9
847. Rules and Regulations......................................................................................................................... 9
848. Effect on State Law........................................................................................................................... 10
Title 27, Code of Federal Regulations,
Part 555—Commerce in Explosives................................................................................................ 11

Subpart A—Introduction........................................................................................................................... 13
Subpart B—Definitions............................................................................................................................ 13
Subpart C—Administrative and Miscellaneous Provisions...................................................................... 18
Subpart D—Licenses and Permits............................................................................................................. 22
Subpart E—License and Permit Proceedings............................................................................................ 29
Subpart F—Conduct of Business or Operations....................................................................................... 32
Subpart G—Records and Reports............................................................................................................. 38
Subpart H—Exemptions........................................................................................................................... 44
Subpart I—Unlawful Acts, Penalties, Seizures and Forfeitures................................................................ 46
Subpart J—Marking of Plastic Explosives................................................................................................ 47
Subpart K—Storage.................................................................................................................................. 49
Tables of Distances for Storage....................................................................................................... 55

Questions and Answers................................................................................................................. 59

ATF Explosives Rulings................................................................................................................. 73

Appendices To Ruling 77-24, Alternate Magazine Construction Standards for Storage
of Electric Blasting Caps with Other Explosive Materials are Prescribed................................................ 97
Appendix A Diagram: Permanently Mounted Containers For Vehicle Storage........................................ 97
Appendix B Diagram: Built-in Compartments For Vehicle Storage......................................................... 97
Appendix C Diagram: Laminate Construction For Vehicle Storage......................................................... 98
Appendix D Diagram: Alternate Laminate Construction For Permanently Mounted Containers............ 98
Appendix E Diagram: Portable Wheeled Trailers..................................................................................... 98
General Information......................................................................................................................... 99
Effect of 18 U.S.C. Chapter 40 On the Fireworks Industry....................................................................... 99
Explosives Dealer’s and User’s Guide to Federal Explosives Regulation............................................... 100
Black Powder Transactions...................................................................................................................... 100
Explosives Security................................................................................................................................. 100
Additional Information............................................................................................................................ 101
List of Explosive Materials..................................................................................................................... 102
Organized Crime Control Act of 1970, Title XI

Regulation of Explosives
Public Law 91-452, Approved October 15, 1970 (as Amended)
[Note: Any reference to the Internal Revenue Code of 1954 refers to the Internal Revenue Code of 1986 (§   2, Public Law
99–514, 100 Stat. 2085, October 22, 1986.)]

Purpose
Sec. 1101. The Congress hereby declares that the purpose of this title is to protect interstate and foreign
commerce against interference and interruption by reducing the hazard to persons and property arising from
misuse and unsafe or insecure storage of explosive materials. It is not the purpose of this title to place any
undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition,
possession, storage, or use of explosive materials for industrial, mining, agricultural, or other lawful purposes,
or to provide for the imposition by Federal regulations of any procedures or requirements other than those
reasonably necessary to implement and effectuate the provisions of this title.
Sec. 1102. Title 18, United States Code, is amended by adding after chapter 39 the following chapter:

Chapter 40. Importation, Manufacture, Distribution and Storage of Explosive

Materials
Editor’s Note: The sections of law set out herein were added (c) “Explosive materials” means explosives, blasting agents,
by Public Law 91–452, Title XI, § 1102(a), Oct. 15, 1970, 84 Stat. and detonators.
952-959, and remain un-changed unless otherwise footnoted.
(d)  Except for the purposes of subsections (d), (e), (f), (g), (h),
Sec. (i), and (j) of section 844 of this title, “explosives” means any
chemical compound mixture, or device, the primary or common
841. Definitions purpose of which is to function by explosion; the term includes,
842. Unlawful acts but is not limited to, dynamite and other high explosives, black
843. Licenses and user permits powder, pellet powder, initiating explosives, detonators, safety
844. Penalties fuses, squibs, detonating cord, igniter cord, and igniters. The
845. Exceptions; relief from disabilities Attorney General shall publish and revise at least annually in the
846. Additional powers of the Attorney General Federal Register a list of these and any additional explosives
847. Rules and regulations which he determines to be within the coverage of this chapter. For
848. Effect on State law the purposes of subsections (d), (e), (f), (g), (h), and (i) of section
844 of this title, the term “explosive” is defined in subsection (j)
§   841. Definitions of such section 844.
As used in this chapter—
(a) “Person” means any individual, corporation, company, (e) “Blasting agent” means any material or mixture, consisting
association, firm, partnership, society, or joint stock company. of fuel and oxidizer, intended for blasting, not otherwise defined
as an explosive: Provided, that the finished product, as mixed for
(b) “Interstate or foreign commerce” means commerce use or shipment, cannot be detonated by means of a numbered 8
between any place in a State and any place outside of that State, test blasting cap when unconfined.
or within any possession of the United States (not including the
Canal Zone) or the District of Columbia, and commerce between (f) “Detonator” means any device containing a detonating
places within the same State but through any place outside of that charge that is used for initiating detonation in an explosive; the
State. “State” includes the District of Columbia, the term includes, but is not limited to, electric blasting caps of
Commonwealth of Puerto Rico, and the possessions of the United instantaneous and delay types, blasting caps for use with safety
States (not including the Canal Zone). fuses and detonating cord delay connectors.


(g) “Importer” means any person engaged in the business of (5) any other substance in the concentration specified by the
importing or bringing explosive materials into the United States Attorney General, after consultation with the Secretary of State
for purposes of sale or distribution. and the Secretary of Defense, that has been added to the table in
(h) “Manufacturer” means any person engaged in the business part 2 of the Technical Annex to the Convention on the Marking
of manufacturing explosive materials for purposes of sale or of Plastic Explosives.
distribution or for his own use. (q) “Plastic explosive” means an explosive material in flexible
(i) “Dealer” means any person engaged in the business of or elastic sheet form formulated with one or more high explosives
distributing explosive materials at wholesale or retail. which in their pure form has a vapor pressure less than 10-<4> Pa
at a temperature of 25 ºC, is formulated with a binder material,
(j) “Permittee” means any user of explosives for a lawful and is as a mixture malleable or flexible at normal room
purpose, who has obtained either a user permit or a limited temperature.
permit under the provisions of this chapter.
(r) “Alien” means any person who is not a citizen or national of
(k) “Attorney General” means the Attorney General of the the United States.
United States.
(s) “Responsible person” means an individual who has the
(l) “Crime punishable by imprisonment for a term exceed- power to direct the management and policies of the applicant
ing one year” shall not mean (1) any Federal or State offenses pertaining to explosive materials.
pertaining to antitrust violations, unfair trade practices, restraints
of trade, or other similar offenses relating to the regulation of (t) Indian Tribe. The term “Indian tribe” has the meaning given
business practices as the Attorney General may by regulation the term in section 102 of the Federally Recognized Indian Tribe
designate, or (2) any State offense (other than one involving a List Act of 1994 (25 U.S.C. 479a).
firearm or explosive) classified by the laws of the State as a (Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat.
misdemeanor and punishable by a term of imprisonment of two 952; amended Pub. L. 104–132, title VI, Sec. 602, Apr. 24, 1996, 110
years or less. Stat. 1288; Pub. L. 107–296, title XI, Secs. 1112(e)(1), (3), 1122(a), Nov.
25, 2002, 116 Stat. 2276, 2280; Pub. L. 111–211, title II, Sec. 236(b),
(m) “Licensee” means any importer, manufacturer, or dealer July 29, 2010, 124 Stat. 2286.)
licensed under the provisions of this chapter.
(n) “Distribute” means sell, issue, give, transfer, or otherwise §  842. Unlawful Acts
dispose of. (a) It shall be unlawful for any person—
(o) “Convention on the Marking of Plastic Explosives” means (1) to engage in the business of importing, manufacturing,
the Convention on the Marking of Plastic Explosives for the or dealing in explosive materials without a license issued under
Purpose of Detection, Done at Montreal on 1 March 1991. this chapter;
(2) knowingly to withhold information or to make any false
(p) “Detection agent” means any one of the substances or fictitious oral or written statement or to furnish or exhibit any
specified in this subsection when introduced into a plastic false, fictitious, or misrepresented identification, intended or
explosive or formulated in such explosive as a part of the likely to deceive for the purpose of obtaining explosive materials,
manufacturing process in such a manner as to achieve homoge- or a license, permit, exemption, or relief from disability under the
neous distribution in the finished explosive, including provisions of this chapter;
(1) Ethylene glycol dinitrate (EGDN), C[2]H[4](NO[3])[2], (3) other than a licensee or permittee knowingly—
molecular weight 152, when the minimum concentration in the (A) to transport, ship, cause to be transported, or
finished explosive is 0.2 percent by mass; receive any explosive materials; or
(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C[6]H[12](NO (B) to distribute explosive materials to any person
[2])[2], molecular weight 176, when the minimum concentration other than a licensee or permittee; or
in the finished explosive is 0.1 percent by mass; (4) who is a holder of a limited permit—
(A) to transport, ship, cause to be transported, or
(3) Para-Mononitrotoluene (p-MNT), C[7]H[7]NO[2], molecu-
receive in interstate or foreign commerce any explosive materials;
lar weight 137, when the minimum concentration in the finished
or
explosive is 0.5 percent by mass;
(B) to receive explosive materials from a licensee or
(4) Ortho-Mononitrotoluene (o-MNT), C[7]H[7]NO[2], molecu- permittee, whose premises are located outside the State of
lar weight 137, when the minimum concentration in the finished residence of the limited permit holder, or on more than 6 separate
explosive is 0.5 percent by mass; and occasions, during the period of the permit, to receive explosive
materials from 1 or more licensees or permittees whose premises
are located within the State of residence of the limited permit
holder.

(b) It shall be unlawful for any licensee or permittee to know- the United States and the shipping, transporting, possession, or
ingly distribute any explosive materials to any person other than— receipt of explosive materials is in furtherance of the authorized
(1) a licensee; military purpose; or
(2) a holder of a user permit; or (D) is lawfully present in the United States in coopera-
(3) a holder of a limited permit who is a resident of the State tion with the Director of Central Intelligence, and the shipment,
where distribution is made and in which the premises of the transportation, receipt, or possession of the explosive materials is
transferor are located. in furtherance of such cooperation;
(c) It shall be unlawful for any licensee to distribute explosive (8) has been discharged from the armed forces under
materials to any person who the licensee has reason to believe dishonorable conditions;
intends to transport such explosive materials into a State where the (9) having been a citizen of the United States, has
purchase, possession, or use of explosive materials is prohibited or renounced the citizenship of that person.
which does not permit its residents to transport or ship explosive (e) It shall be unlawful for any licensee knowingly to distribute
materials into it or to receive explosive materials in it. any explosive materials to any person in any State where the
(d) It shall be unlawful for any person knowingly to distribute purchase, possession, or use by such person of such explosive
explosive materials to any individual who: materials would be in violation of any State law or any published
(1) is under twenty-one years of age; ordinance applicable at the place of distribution.
(2) has been convicted in any court of a crime punishable by (f) It shall be unlawful for any licensee or permittee willfully to
imprisonment for a term exceeding one year; manufacture, import, purchase, distribute, or receive explosive
(3) is under indictment for a crime punishable by imprison- materials without making such records as the Attorney General
ment for a term exceeding one year; may by regulation require, including, but not limited to, a
(4) is a fugitive from justice; statement of intended use, the name, date, place of birth, social
(5) is an unlawful user of or addicted to any controlled security number or taxpayer identification number, and place of
substance (as defined in section 102 of the Controlled Substances residence of any natural person to whom explosive materials are
Act (21 U.S.C. 802)); distributed. If explosive materials are distributed to a corporation
(6) has been adjudicated a mental defective or who has been or other business entity, such records shall include the identity
committed to a mental institution; and principal and local places of business and the name, date,
(7) is an alien, other than an alien who— place of birth, and place of residence of the natural person acting
(A) is lawfully admitted for permanent residence (as as agent of the corporation or other business entity in arranging
defined in section 101(a)(20) of the Immigration and Nationality the distribution.
Act); (g) It shall be unlawful for any licensee or permittee knowingly
(B) is in lawful nonimmigrant status, is a refugee to make any false entry in any record which he is required to keep
admitted under section 207 of the Immigration and Nationality pursuant to this section or regulations promulgated under section
Act (8 U.S.C. 1157), or is in asylum status under section 208 of 847 of this title.
the Immigration and Nationality Act (8 U.S.C. 1158), and—
(i) is a foreign law enforcement officer of a (h) It shall be unlawful for any person to receive, possess,
friendly foreign government, as determined by the Attorney transport, ship, conceal, store, barter, sell, dispose of, or pledge or
General in consultation with the Secretary of State, entering the accept as security for a loan, any stolen explosive materials which
United States on official law enforcement business, and the are moving as, which are part of, which constitute, or which have
shipping, transporting, possession, or receipt of explosive materi- been shipped or transported in, interstate or foreign commerce,
als is in furtherance of this official law enforcement business; or either before or after such materials were stolen, knowing or
(ii) is a person having the power to direct or cause having reasonable cause to believe that the explosive materials
the direction of the management and policies of a corporation, were stolen.
partnership, or association licensed pursuant to section 843(a), and (i) It shall be unlawful for any person—
the shipping, transporting, possession, or receipt of explosive (1) who is under indictment for, or who has been convicted
materials is in furtherance of such power; in any court of, a crime punishable by imprisonment for a term
(C) is a member of a North Atlantic Treaty exceeding one year;
Organization (NATO) or other friendly foreign military force, as (2) who is a fugitive from justice;
determined by the Attorney General in consultation with the (3) who is an unlawful user of or addicted to any controlled
Secretary of Defense, who is present in the United States under substance (as defined in section 102 of the Controlled Substances
military orders for training or other military purpose authorized by Act (21 U.S.C. 802));


 (4) who has been adjudicated as a mental defective or who (k) It shall be unlawful for any person who has knowledge of the
has been committed to a mental institution; theft or loss of any explosive materials from his stock, to fail to
(5) who is an alien, other than an alien who— report such theft or loss within twenty-four hours of discovery
(A) is lawfully admitted for permanent residence (as thereof, to the Attorney General and to appropriate local authori-
that term is defined in section 101(a)(20) of the Immigration and ties.
Nationality Act); (l) It shall be unlawful for any person to manufacture any plastic
(B) is in lawful nonimmigrant status, is a refugee explosive that does not contain a detection agent.
admitted under section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157), or is in asylum status under section 208 of (m) (1) It shall be unlawful for any person to import or bring
the Immigration and Nationality Act (8 U.S.C. 1158), and— into the United States, or export from the United States, any
(i) is a foreign law enforcement officer of a plastic explosive that does not contain a detection agent.
friendly foreign government, as determined by the Attorney (2) This subsection does not apply to the importation or
General in consultation with the Secretary of State, entering the bringing into the United States, or the exportation from the United
United States on official law enforcement business, and the States, of any plastic explosive that was imported or brought into,
shipping, transporting, possession, or receipt of explosive or manufactured in the United States prior to the date of enact-
materials is in furtherance of this official law enforcement ment of this subsection [enacted April 24, 1996] by or on behalf
business; or of any agency of the United States performing military or police
(ii) is a person having the power to direct or functions (including any military reserve component) or by or on
cause the direction of the management and policies of a corpora- behalf of the National Guard of any State, not later than 15 years
tion, partnership, or association licensed pursuant to section after the date of entry into force of the Convention on the Marking
843(a), and the shipping, transporting, possession, or receipt of of Plastic Explosives, with respect to the United States.
explosive materials is in furtherance of such power; (n) (1) It shall be unlawful for any person to ship, transport,
(C) is a member of a North Atlantic Treaty transfer, receive, or possess any plastic explosive that does not
Organization (NATO) or other friendly foreign military force, as contain a detection agent.
determined by the Attorney General in consultation with the (2) This subsection does not apply to—
Secretary of Defense, who is present in the United States under (A) the shipment, transportation, transfer, receipt, or
military orders for training or other military purpose authorized possession of any plastic explosive that was imported or brought
by the United States and the shipping, transporting, possession, into, or manufactured in the United States prior to the date of
or receipt of explosive materials is in furtherance of the autho- enactment of this subsection [enacted April 24, 1996] by any
rized military purpose; or person during the period beginning on that date and ending 3
(D) is lawfully present in the United States in coopera- years after that date of enactment; or
tion with the Director of Central Intelligence, and the shipment, (B) the shipment, transportation, transfer, receipt, or
transportation, receipt, or possession of the explosive materials is possession of any plastic explosive that was imported or brought
in furtherance of such cooperation; into, or manufactured in the United States prior to the date of
(6) who has been discharged from the armed forces under enactment of this subsection [enacted April 24, 1996] by or on
dishonorable conditions; behalf of any agency of the United States performing a military or
(7) who, having been a citizen of the United States, has police function (including any military reserve component) or by
renounced the citizenship of that person to ship or transport any or on behalf of the National Guard of any State, not later than 15
explosive in or affecting interstate or foreign commerce or to years after the date of entry into force of the Convention on the
receive or possess any explosive which has been shipped or Marking of Plastic Explosives, with respect to the United States.
transported in or affecting interstate or foreign commerce. (o) It shall be unlawful for any person, other than an agency of
(j) It shall be unlawful for any person to store any explosive the United States (including any military reserve component) or
material in a manner not in conformity with regulations promul- the National Guard of any State, possessing any plastic explosive
gated by the Attorney General. In promulgating such regulations, on the date of enactment of this subsection [enacted April 24,
the Attorney General shall take into consideration the class, type, 1996], to fail to report to the Attorney General within 120 days
and quantity of explosive materials to be stored, as well as the after such date of enactment the quantity of such explosives
standards of safety and security recognized in the explosives possessed, the manufacturer or importer, any marks of identifica-
industry. tion on such explosives, and such other information as the
Attorney General may prescribe by regulation.
(p) Distribution of Information Relating to Explosives,
Destructive Devices, and Weapons of Mass Destruction.


 (1) Definitions. In this subsection— (b) Upon the filing of a proper application and payment of the
(A) the term “destructive device” has the same prescribed fee, and subject to the provisions of this chapter and
meaning as in section 921(a)(4); other applicable laws, the Attorney General shall issue to such
(B) the term “explosive” has the same meaning as in applicant the appropriate license or permit if—
section 844(j); and (1) the applicant (or, if the applicant is a corporation,
(C) the term “weapon of mass destruction” has the partnership, or association, each responsible person with respect
same meaning as in section 2332a(c)(2). to the applicant) is not a person described in section 842(i);
(2) Prohibition. It shall be unlawful for any person— (2) the applicant has not willfully violated any of the
(A) to teach or demonstrate the making or use of an provisions of this chapter or regulations issued hereunder;
explosive, a destructive device, or a weapon of mass destruction, (3) the applicant has in a State premises from which he
or to distribute by any means information pertaining to, in whole conducts or intends to conduct business;
or in part, the manufacture or use of an explosive, destructive (4) (A) the Attorney General verifies by inspection or, if
device, or weapon of mass destruction, with the intent that the the application is for an original limited permit or the first or
teaching, demonstration, or information be used for, or in second renewal of such a permit, by such other means as the
furtherance of, an activity that constitutes a Federal crime of Attorney General determines appropriate, that the applicant has a
violence; or place of storage for explosive materials which meets such
(B) to teach or demonstrate to any person the making standards of public safety and security against theft as the
or use of an explosive, a destructive device, or a weapon of mass Attorney General by regulations shall prescribe; and
destruction, or to distribute to any person, by any means, informa- (B) subparagraph (A) shall not apply to an applicant
tion pertaining to, in whole or in part, the manufacture or use of for the renewal of a limited permit if the Attorney General has
an explosive, destructive device, or weapon of mass destruction, verified, by inspection within the preceding 3 years, the matters
knowing that such person intends to use the teaching, demonstra- described in subparagraph (A) with respect to the applicant; and
tion, or information for, or in furtherance of, an activity that (5) the applicant has demonstrated and certified in writing
constitutes a Federal crime of violence. that he is familiar with all published State laws and local ordi-
(Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. nances relating to explosive materials for the location in which he
953; amended Pub. L. 100–690, title VI, Sec. 6474(c), (d), Nov. 18, 1988, intends to do business;
102 Stat. 4380; Pub. L. 101–647, title XXXV, Sec. 3521, Nov. 29, 1990, (6) none of the employees of the applicant who will be
104 Stat. 4923; Pub. L. 103–322, title XI, Secs. 110508, 110516, Sept. authorized by the applicant to possess explosive materials is any
13, 1994, 108 Stat. 2018, 2020; Pub. L. 104–132, title VI, Sec. 603, title
person described in section 842(i); and
VII, Sec. 707, Apr. 24, 1996, 110 Stat. 1289, 1296; Pub. L. 106–54, Sec.
2(a), Aug. 17, 1999, 113 Stat. 398; Pub. L. 107–296, title XI, Secs. (7) in the case of a limited permit, the applicant has
1112(e)(3), 1122(b), 1123, Nov. 25, 2002, 116 Stat. 2276, 2280, 2283; certified in writing that the applicant will not receive explosive
Pub. L. 108–177, title III, Sec. 372, Dec. 13, 2003, 117 Stat. 2627.) materials on more than 6 separate occasions during the 12-month
period for which the limited permit is valid.
§ 843. Licenses and User Permits
(c) The Attorney General shall approve or deny an application
(a) An application for a user permit or limited permit or a within a period of 90 days for licenses and permits, beginning on
license to import, manufacture, or deal in explosive materials the date such application is received by the Attorney General.
shall be in such form and contain such information as the
Attorney General shall by regulation prescribe, including the (d) The Attorney General may revoke any license or permit
names of and appropriate identifying information regarding all issued under this section if in the opinion of the Attorney General
employees who will be authorized by the applicant to possess the holder thereof has violated any provision of this chapter or
explosive materials, as well as fingerprints and a photograph of any rule or regulation prescribed by the Attorney General under
each responsible person. Each applicant for a license or permit this chapter, or has become ineligible to acquire explosive
shall pay a fee to be charged as set by the Attorney General, said materials under section 842(d). The Attorney General's action
fee not to exceed $50 for a limited permit and $200 for any other under this subsection may be reviewed only as provided in subsec-
license or permit. Each license or user permit shall be valid for tion (e)(2) of this section.
not longer than 3 years from the date of issuance and each limited (e) (1) Any person whose application is denied or whose
permit shall be valid for not longer than 1 year from the date of license or permit is revoked shall receive a written notice from the
issuance. Each license or permit shall be renewable upon the Attorney General stating the specific grounds upon which such
same conditions and subject to the same restrictions as the denial or revocation is based. Any notice of a revocation of a
original license or permit, and upon payment of a renewal fee not license or permit shall be given to the holder of such license or
to exceed one-half of the original fee. permit prior to or concurrently with the effective date of the
revocation.


 (2) If the Attorney General denies an application for, or (2) (A)  If the Attorney General determines that the
revokes a license, or permit, he shall, upon request by the responsible person or the employee is not one of the persons
aggrieved party, promptly hold a hearing to review his denial or described in any paragraph of section 842(i), the Attorney
revocation. In the case of a revocation, the Attorney General may General shall notify the employer in writing or electronically of
upon a request of the holder stay the effective date of the revoca- the determination and issue, to the responsible person or
tion. A hearing under this section shall be at a location convenient employee, a letter of clearance, which confirms the determina-
to the aggrieved party. The Attorney General shall give written tion.
notice of his decision to the aggrieved party within a reasonable (B) If the Attorney General determines that the
time after the hearing. The aggrieved party may, within sixty days responsible person or employee is one of the persons described in
after receipt of the Attorney General's written decision, file a any paragraph of section 842(i), the Attorney General shall notify
petition with the United States court of appeals for the district in the employer in writing or electronically of the determination and
which he resides or has his principal place of business for a issue to the responsible person or the employee, as the case may
judicial review of such denial or revocation, pursuant to sections be, a document that—
701–706 of Title 5, United States Code. (i) confirms the determination;
(f) Licensees and holders of user permits shall make available (ii) explains the grounds for the determination;
for inspection at all reasonable times their records kept pursuant (iii) provides information on how the disability
to this chapter or the regulations issued hereunder, and licensees may be relieved; and
and permittees shall submit to the Attorney General such reports (iv) explains how the determination may be
and information with respect to such records and the contents appealed.
thereof as he shall by regulations prescribe. The Attorney General (i) Furnishing of Samples.
may enter during business hours the premises (including places (1) In general. Licensed manufacturers and licensed import-
of storage) of any licensee or holder of a user permit, for the ers and persons who manufacture or import explosive materials or
purpose of inspecting or examining (1) any records or documents ammonium nitrate shall, when required by letter issued by the
required to be kept by such licensee or permittee, under the Attorney General, furnish—
provisions of this chapter or regulations issued hereunder, and (2) (A) samples of such explosive materials or ammonium
any explosive materials kept or stored by such licensee or nitrate;
permittee at such premises. Upon the request of any State or any (B) information on chemical composition of those
political subdivision thereof, the Attorney General may make products; and
available to such State or any political subdivision thereof, any (C) any other information that the Attorney General
information which he may obtain by reason of the provisions of determines is relevant to the identification of the explosive
this chapter with respect to the identification of persons within materials or to identification of the ammonium nitrate.
such State or political subdivision thereof, who have purchased or (2) Reimbursement. The Attorney General shall, by
received explosive materials, together with a description of such regulation, authorize reimbursement of the fair market value of
explosive materials. The Attorney General may inspect the places samples furnished pursuant to this subsection, as well as the
of storage for explosive materials of an applicant for a limited reasonable costs of shipment.
permit or, at the time of renewal of such permit, a holder of a (Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat.
limited permit, only as provided in subsection (b)(4). 955; amended Pub. L. 107–296, title XI, Secs. 1112(e)(3), 1122(c)–(h),
1124, Nov. 25, 2002, 116 Stat. 2276, 2281, 2282, 2285.)
(g) Licenses and user permits issued under the provisions of
subsection (b) of this section shall be kept posted and kept § 844. Penalties
available for inspection on the premises covered by the license
(a) Any person who—
and permit.
(1)  violates any of subsections (a) through (i) or (l) through
(h) (1) If the Attorney General receives, from an employer, the (o) of section 842 shall be fined under this title, imprisoned for
name and other identifying information of a responsible person or not more than 10 years, or both; and
an employee who will be authorized by the employer to possess (2) violates subsection (p)(2) of section 842, shall be fined
explosive materials in the course of employment with the under this title, imprisoned not more than 20 years, or both.
employer, the Attorney General shall determine whether the
(b) Any person who violates any other provision of section 842
responsible person or employee is one of the persons described in
of this chapter shall be fined under this title or imprisoned not
any paragraph of section 842(i). In making the determination, the
more than one year, or both.
Attorney General may take into account a letter or document
issued under paragraph (2).


(c) (1) Any explosive materials involved or used or intended to or unlawfully to damage or destroy any building, vehicle, or other
be used in any violation of the provisions of this chapter or any real or personal property by means of fire or an explosive shall be
other rule or regulation promulgated thereunder or any violation imprisoned for not more than 10 years or fined under this title, or
of any criminal law of the United States shall be subject to both.
seizure and forfeiture, and all provisions of the Internal Revenue (f) (1)  Whoever maliciously damages or destroys, or attempts
Code of 1986 relating to the seizure, forfeiture, and disposition of to damage or destroy, by means of fire or an explosive, any
firearms, as defined in section 5845(a) of that Code, shall, so far building, vehicle, or other personal or real property in whole or in
as applicable, extend to seizures and forfeitures under the part owned or possessed by, or leased to, the United States, or any
provisions of this chapter. department or agency thereof, or any institution or organization
(2) Notwithstanding paragraph (1), in the case of the receiving Federal financial assistance, shall be imprisoned for not
seizure of any explosive materials for any offense for which the less than 5 years and not more than 20 years, fined under this
materials would be subject to forfeiture in which it would be title, or both.
impracticable or unsafe to remove the materials to a place of (2) Whoever engages in conduct prohibited by this subsec-
storage or would be unsafe to store them, the seizing officer may tion, and as a result of such conduct, directly or proximately
destroy the explosive materials forthwith. Any destruction under causes personal injury or creates a substantial risk of injury to
this paragraph shall be in the presence of at least 1 credible any person, including any public safety officer performing duties,
witness. The seizing officer shall make a report of the seizure and shall be imprisoned for not less than 7 years and not more than 40
take samples as the Attorney General may by regulation years, fined under this title, or both.
prescribe. (3)  Whoever engages in conduct prohibited by this subsec-
(3) Within 60 days after any destruction made pursuant to tion, and as a result of such conduct directly or proximately
paragraph (2), the owner of (including any person having an causes the death of any person, including any public safety
interest in) the property so destroyed may make application to the officer performing duties, shall be subject to the death penalty, or
Attorney General for reimbursement of the value of the property. imprisoned for not less than 20 years or for life, fined under this
If the claimant establishes to the satisfaction of the Attorney title, or both.
General that—
(A) the property has not been used or involved in a (g) (1) Except as provided in paragraph (2), whoever possesses
violation of law; or an explosive in an airport that is subject to the regulatory author-
(B) any unlawful involvement or use of the property ity of the Federal Aviation Administration, or in any building in
was without the claimant's knowledge, consent, or willful whole or in part owned, possessed, or used by, or leased to, the
blindness, the Attorney General shall make an allowance to the United States or any department or agency thereof, except with
claimant not exceeding the value of the property destroyed. the written consent of the agency, department, or other person
responsible for the management of such building or airport, shall
(d) Whoever transports or receives, or attempts to transport or be imprisoned for not more than five years, or fined under this
receive, in interstate or foreign commerce any explosive with the title, or both.
knowledge or intent that it will be used to kill, injure, or intimi- (2) The provisions of this subsection shall not be applicable
date any individual or unlawfully to damage or destroy any to—
building, vehicle, or other real or personal property, shall be (A) the possession of ammunition (as that term is
imprisoned for not more than ten years, or fined under this title, defined in regulations issued pursuant to this chapter) in an
or both; and if personal injury results to any person, including airport that is subject to the regulatory authority of the Federal
any public safety officer performing duties as a direct or proxi- Aviation Administration if such ammunition is either in checked
mate result of conduct prohibited by this subsection, shall be baggage or in a closed container; or
imprisoned for not more than twenty years or fined under this (B) the possession of an explosive in an airport if the
title, or both; and if death results to any person, including any packaging and transportation of such explosive is exempt from,
public safety officer performing duties as a direct or proximate or subject to and in accordance with, regulations of the Pipeline
result of conduct prohibited by this subsection, shall be subject to and Hazardous Materials Safety Administration for the handling
imprisonment for any term of years, or to the death penalty or to of hazardous materials pursuant to chapter 51 of title 49.
life imprisonment.
(h) Whoever—
(e) Whoever, through the use of the mail, telephone, telegraph, (1) uses fire or an explosive to commit any felony which
or other instrument of interstate or foreign commerce, or in or may be prosecuted in a court of the United States, or
affecting interstate or foreign commerce, willfully makes any (2) carries an explosive during the commission of any
threat, or maliciously conveys false information knowing the felony which may be prosecuted in a court of the United States,
same to be false, concerning an attempt or alleged attempt being including a felony which provides for an enhanced punishment if
made, or to be made, to kill, injure, or intimidate any individual committed by the use of a deadly or dangerous weapon or device

shall, in addition to the punishment provided for such felony, be (n) Except as otherwise provided in this section, a person who
sentenced to imprisonment for 10 years. In the case of a second conspires to commit any offense defined in this chapter shall be
or subsequent conviction under this subsection, such person shall subject to the same penalties (other than the penalty of death) as
be sentenced to imprisonment for 20 years. Notwithstanding any the penalties prescribed for the offense the commission of which
other provision of law, the court shall not place on probation or was the object of the conspiracy.
suspend the sentence of any person convicted of a violation of (o) Whoever knowingly transfers any explosive materials,
this subsection, nor shall the term of imprisonment imposed knowing or having reasonable cause to believe that such explosive
under this subsection run concurrently with any other term of materials will be used to commit a crime of violence (as defined
imprisonment including that imposed for the felony in which the in section 924(c)(3)) or drug trafficking crime (as defined in
explosive was used or carried. section 924(c)(2)) shall be subject to the same penalties as may be
(i) Whoever maliciously damages or destroys, or attempts to imposed under subsection (h) for a first conviction for the use or
damage or destroy, by means of fire or an explosive, any build- carrying of an explosive material.
ing, vehicle, or other real or personal property used in interstate (p) Theft Reporting Requirement.
or foreign commerce or in any activity affecting interstate or (1) In general. A holder of a license or permit who knows
foreign commerce shall be imprisoned for not less than 5 years that explosive materials have been stolen from that licensee or
and not more than 20 years, fined under this title, or both; and if permittee, shall report the theft to the Attorney General not later
personal injury results to any person, including any public safety than 24 hours after the discovery of the theft.
officer performing duties as a direct or proximate result of (2) Penalty. A holder of a license or permit who does not
conduct prohibited by this subsection, shall be imprisoned for not report a theft in accordance with paragraph (1), shall be fined not
less than 7 years and not more than 40 years, fined under this more than $10,000, imprisoned not more than 5 years, or both.
title, or both; and if death results to any person, including any
(Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat.
public safety officer performing duties as a direct or proximate 956; amended Pub. L. 97–298, Sec. 2, Oct. 12, 1982, 96 Stat. 1319; Pub.
result of conduct prohibited by this subsection, shall also be L. 98–473, title II, Sec. 1014, Oct. 12, 1984, 98 Stat. 2142; Pub. L. 99–
subject to imprisonment for any term of years, or to the death 514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–690, title VI, Sec.
penalty or to life imprisonment. 6474(a), (b), Nov. 18, 1988, 102 Stat. 4379; Pub. L. 101–647, title
XXXV, Sec. 3522, Nov. 29, 1990, 104 Stat. 4924; Pub. L. 103–272, Sec.
(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) 5(e)(7), July 5, 1994, 108 Stat. 1374; Pub. L. 103–322, title VI, Sec.
of this section and section 842(p), the term “explosive” means 60003(a)(3), title XI, Secs. 110504(b), 110509, 110515(b), 110518(b),
gunpowders, powders used for blasting, all forms of high title XXXII, Secs. 320106, 320917(a), title XXXIII, Sec. 330016(1)(H),
explosives, blasting materials, fuzes (other than electric circuit (K), (L), (N), Sept. 13, 1994, 108 Stat. 1969, 2016, 2018, 2020, 2111,
2129, 2147, 2148; Pub. L. 104–132, title VI, Sec. 604, title VII, Secs.
breakers), detonators, and other detonating agents, smokeless
701, 706, 708(a), (c)(3), 724, Apr. 24, 1996, 110 Stat. 1289, 1291, 1295–
powders, other explosive or incendiary devices within the 1297, 1300; Pub. L. 104–294, title VI, Sec. 603(a), Oct. 11, 1996, 110
meaning of paragraph (5) of section 232 of this title, and any Stat. 3503; Pub. L. 106–54, Sec. 2(b), Aug. 17, 1999, 113 Stat. 399; Pub.
chemical compounds, mechanical mixture, or device that contains L. 107–296, title XI, Secs. 1112(e)(3), 1125, 1127, Nov. 25, 2002, 116
any oxidizing and combustible units, or other ingredients, in such Stat. 2276, 2285; Pub. L. 108–426, Sec. 2(c)(6), Nov. 30, 2004, 118 Stat.
proportions, quantities, or packing that ignition by fire, by 2424.)
friction, by concussion, by percussion, or by detonation of the
§ 845. Exceptions; Relief From Disabilities
compound, mixture, or device or any part thereof may cause an
explosion. (a) Except in the case of subsection (l), (m), (n), or (o) of section
842 and subsections (d), (e), (f), (g), (h), and (i) of section 844 of
(k) A person who steals any explosives materials which are
this title, this chapter shall not apply to:
moving as, or are a part of, or which have moved in, interstate or
(1) aspects of the transportation of explosive materials via
foreign commerce shall be imprisoned for not more than 10
railroad, water, highway, or air that pertain to safety, including
years, fined under this title, or both.
security, and are regulated by the Department of Transportation or
(l) A person who steals any explosive material from a licensed the Department of Homeland Security;
importer, licensed manufacturer, or licensed dealer, or from any (2) the use of explosive materials in medicines and medici-
permittee shall be fined under this title, imprisoned not more than nal agents in the forms prescribed by the official United States
10 years, or both. Pharmacopeia, or the National Formulary;
(m) A person who conspires to commit an offense under subsec- (3) the transportation, shipment, receipt, or importation of
tion (h) shall be imprisoned for any term of years not exceeding explosive materials for delivery to any agency of the United
20, fined under this title, or both. States or to any State or political subdivision thereof;
(4) small arms ammunition and components thereof;


 (5) commercially manufactured black powder in quantities any agency of the United States performing military or police
not to exceed fifty pounds, percussion caps, safety and pyrotech- functions (including any military reserve component) or the
nic fuses, quills, quick and slow matches, and friction primers, National Guard of any State, wherever such device is located.
intended to be used solely for sporting, recreational, or cultural (3) For purposes of this subsection, the term “military
purposes in antique firearms as defined in section 921(a)(16) of device” includes, but is not restricted to, shells, bombs, projec-
title 18 of the United States Code, or in antique devices as tiles, mines, missiles, rockets, shaped charges, grenades, perfora-
exempted from the term “destructive device” in section 921(a)(4) tors, and similar devices lawfully manufactured exclusively for
of title 18 of the United States Code; military or police purposes.
(6) the manufacture under the regulation of the military
department of the United States of explosive materials for, or their § 846. Additional Powers of the Attorney General
distribution to or storage or possession by the military or naval (a) The Attorney General is authorized to inspect the site of any
services or other agencies of the United States; or to arsenals, accident, or fire, in which there is reason to believe that explosive
navy yards, depots, or other establishments owned by, or operated materials were involved, in order that if any such incident has
by or on behalf of, the United States and been brought about by accidental means, precautions may be
(7) the transportation, shipment, receipt, or importation of taken to prevent similar accidents from occurring. In order to
display fireworks materials for delivery to a federally recognized carry out the purpose of this subsection, the Attorney General is
Indian tribe or tribal agency. authorized to enter into or upon any property where explosive
(b) (1) A person who is prohibited from shipping, transporting, materials have been used, are suspected of having been used, or
receiving, or possessing any explosive under section 842(i) may have been found in an otherwise unauthorized location. Nothing
apply to the Attorney General for relief from such prohibition. in this chapter shall be construed as modifying or otherwise
(2) The Attorney General may grant the relief requested affecting in any way the investigative authority of any other
under paragraph (1) if the Attorney General determines that the Federal agency. In addition to any other investigatory authority
circumstances regarding the applicability of section 842(i), and they have with respect to violations of provisions of this chapter,
the applicant's record and reputation, are such that the applicant the Federal Bureau of Investigation, together with the Bureau of
will not be likely to act in a manner dangerous to public safety Alcohol, Tobacco, Firearms, and Explosives, shall have authority
and that the granting of such relief is not contrary to the public to conduct investigations with respect to violations of subsection
interest. (d), (e), (f), (g), (h), or (i) of section 844 of this title.
(3) A licensee or permittee who applies for relief, under (b) The Attorney General is authorized to establish a national
this subsection, from the disabilities incurred under this chapter repository of information on incidents involving arson and the
as a result of an indictment for or conviction of a crime punish- suspected criminal misuse of explosives. All Federal agencies
able by imprisonment for a term exceeding 1 year shall not be having information concerning such incidents shall report the
barred by such disability from further operations under the license information to the Attorney General pursuant to such regulations
or permit pending final action on an application for relief filed as deemed necessary to carry out the provisions of this subsec-
pursuant to this section. tion. The repository shall also contain information on incidents
(c) It is an affirmative defense against any proceeding involving voluntarily reported to the Attorney General by State and local
subsections (l) through (o) of section 842 if the proponent proves authorities.
by a preponderance of the evidence that the plastic explosive— (Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat.
(1) consisted of a small amount of plastic explosive 959; amended Pub. L. 104–208, div. A, title I, Sec. 101(f) [title VI, Sec.
654(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369; Pub. L. 107–
intended for and utilized solely in lawful—
296, title XI, Sec. 1112(e)(2), (3), Nov. 25, 2002, 116 Stat. 2276.)
(A) research, development, or testing of new or
modified explosive materials; § 847. Rules and Regulations
(B) training in explosives detection or development or The administration of this chapter shall be vested in the
testing of explosives detection equipment; or Attorney General. The Attorney General may prescribe such rules
(C) forensic science purposes; or and regulations as he deems reasonably necessary to carry out the
(2) was plastic explosive that, within 3 years after the date provisions of this chapter. The Attorney General shall give
of enactment of the Antiterrorism and Effective Death Penalty Act reasonable public notice, and afford to interested parties opportu-
of 1996 [enacted April 24, 1996], will be or is incorporated in a nity for hearing, prior to prescribing such rules and regulations.
military device within the territory of the United States and (Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat.
remains an integral part of such military device, or is intended to 959; amended Pub. L. 107–296, title XI, Sec. 1112(e)(3), Nov. 25, 2002,
be, or is incorporated in, and remains an integral part of a military 116 Stat. 2276.)
device that is intended to become, or has become, the property of


§ 848. Effect on State Law the same subject matter, unless there is a direct and positive
No provision of this chapter shall be construed as indicating an conflict between such provision and the law of the State so that
intent on the part of the Congress to occupy the field in which the two cannot be reconciled or consistently stand together.
such provision operates to the exclusion of the law of any State on (Added Pub. L. 91–452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat.
959.)

10
Title 27 [Code of Federal Regulations]
Part 555—Commerce in Explosives

Section Contents § 555.58 Continuing partnerships.

§ 555.59 Right of succession by certain persons.
§ 555.60 Certain continuances of business or operations.
Subpart A—Introduction
§ 555.61 Discontinuance of business or operations.
§ 555.1 Scope of regulations. § 555.62 State or other law.
§ 555.2 Relation to other provisions of law. § 555.63 Explosives magazine changes.

Subpart B—Definitions Subpart E—License and Permit Proceedings

§ 555.11 Meaning of terms. § 555.71 Opportunity for compliance.

§ 555.72 Denial of initial application.
Subpart C—Administrative and Miscellaneous § 555.73 Hearing after initial application is denied.
Provisions § 555.74 Denial of renewal application or revocation of license
or permit.
§ 555.21 Forms prescribed. § 555.75 Hearing after denial of renewal application or
§ 555.22 Alternate methods or procedures; emergency revocation of license or permit.
variations from requirements. § 555.76 Action by Director, Industry Operations.
§ 555.23 List of explosive materials. § 555.77 Designated place of hearing.
§ 555.24 Right of entry and examination. § 555.78 Representation at a hearing.
§ 555.25 Disclosure of information. § 555.79 Appeal on petition to the Director.
§ 555.26 Prohibited shipment, transportation, receipt, § 555.80 Court review.
possession, or distribution of explosive materials. § 555.81 Service on applicant, licensee, or permittee.
§ 555.27 Out-of-State disposition of explosive materials. § 555.82 Provisions of part 200 made applicable.
§ 555.28 Stolen explosive materials. § 555.83 Operations by licensees or permittees after notice of
§ 555.29 Unlawful storage. denial or revocation.
§ 555.30 Reporting theft or loss of explosive materials.
§ 555.31 Inspection of site of accidents or fires; right of entry. Subpart F—Conduct of Business or Operations
§ 555.32 Special explosive devices.
§ 555.33 Background checks and clearances (effective § 555.101 Posting of license or user permit.
May 24, 2003). § 555.102 Authorized operations by permittees.
§ 555.34 Replacement of stolen or lost ATF Form 5400.30 § 555.103 Transactions among licensees/permittees and
(Intrastate Purchase of Explosives Coupon (IPEC)). transactions among licensees and holders of user
permits.
Subpart D—Licenses and Permits § 555.104 Certified copy of license or permit.
§ 555.105 Distributions to nonlicensees, nonpermittees, and
§ 555.41 General. limited permittees.
§ 555.42 License fees. § 555.106 Certain prohibited distributions.
§ 555.43 Permit fees. § 555.107 Record of transactions.
§ 555.44 License or permit fee not refundable. § 555.108 Importation.
§ 555.45 Original license or permit. § 555.109 Identification of explosive materials.
§ 555.46 Renewal of license or permit. § 555.110 Furnishing of samples (Effective on and after
§ 555.47 Insufficient fee. January 24, 2003).
§ 555.48 Abandoned application.
§ 555.49 Issuance of license or permit. Subpart G—Records and Reports
§ 555.50 Correction of error on license or permit.
§ 555.51 Duration of license or permit. § 555.121 General.
§ 555.52 Limitations on license or permit. § 555.122 Records maintained by licensed importers.
§ 555.53 License and permit not transferable. § 555.123 Records maintained by licensed manufacturers.
§ 555.54 Change of address. § 555.124 Records maintained by licensed dealers.
§ 555.56 Change in trade name. § 555.125 Records maintained by permittees.
§ 555.57 Change of control, change in responsible persons, and
change of employees.

11
§ 555.126 Explosives transaction record for distribution of § 555.208 Construction of type 2 magazines.
explosive materials prior to May 24, 2003 and § 555.209 Construction of type 3 magazines.
Limited Permittee Transaction Report for distribution § 555.210 Construction of type 4 magazines.
of explosive materials on and after May 24, 2003. § 555.211 Construction of type 5 magazines.
§ 555.127 Daily summary of magazine transactions. § 555.212 Smoking and open flames.
§ 555.128 Discontinuance of business. § 555.213 Quantity and storage restrictions.
§ 555.129 Exportation. § 555.214 Storage within types 1, 2, 3, and 4 magazines.
§ 555.130 [Reserved] § 555.215 Housekeeping.
§ 555.216 Repair of magazines.
Subpart H—Exemptions § 555.217 Lighting.
§ 555.218 Table of distances for storage of explosive materials.
§ 555.141 Exemptions.
§ 555.219 Table of distances for storage of low explosives.
§ 555.142 Relief from disabilities (effective January 24, 2003).
§ 555.220 Table of separation distances of ammonium nitrate and
Subpart I—Unlawful Acts, Penalties, Seizures, and blasting agents from explosives or blasting agents.
Forfeitures § 555.221 Requirements for display fireworks, pyrotechnic
compositions, and explosive materials used in
§ 555.161 Engaging in business without a license. assembling fireworks or articles pyrotechnic.
§ 555.162 False statement or representation. § 555.222 Table of distances between fireworks process buildings
§ 555.163 False entry in record. and between fireworks process and fireworks
§ 555.164 Unlawful storage. nonprocess buildings.
§ 555.165 Failure to report theft or loss. § 555.223 Table of distances between fireworks process buildings
§ 555.166 Seizure or forfeiture. and other specified areas.
§ 555.224 Table of distances for the storage of display fireworks
Subpart J—Marking of Plastic Explosives (except bulk salutes).
§ 555.180 Prohibitions relating to unmarked plastic explosives. Authority: 18 U.S.C. 847.
§ 555.181 Reporting of plastic explosives.
§ 555.182 Exceptions.
§ 555.183 Importations of plastic explosives on or after April 24, Source: T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, unless
otherwise noted. Redesignated by T.D. ATF–487, 68 FR
1997.
3748, Jan. 24, 2003.
§ 555.184 Statements of process and samples.
§ 555.185 Criminal sanctions. Editorial Note: Nomenclature changes to part 555 appear at 68
§ 555.186 Seizure or forfeiture. FR 3748, Jan. 24, 2003. Also, there are several name changes
for titles referenced in the regulations, 27 CFR Part 555. The
Subpart K—Storage title “Chief, Firearms and Explosives Licensing Center” has
been changed to “Chief, Federal Explosives Licensing
§ 555.201 General. Center”. The title “Regional director (compliance)” has been
§ 555.202 Classes of explosive materials. changed to “Director, Industry Operations” within the
§ 555.203 Types of magazines. respective ATF Field Divisions. All regulations and rulings
§ 555.204 Inspection of magazines. contained within this publication were current as of 3/13/12.
§ 555.205 Movement of explosive materials. For more recent information, please refer to the ATF website
§ 555.206 Location of magazines. at www.atf.gov/.
§ 555.207 Construction of type 1 magazines.

12
 Subpart A—Introduction
§ 555.1 Scope of regulations. (9) The marking of plastic explosives.
(a) In general. The regulations contained in this part relate to [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–363, 60 FR
commerce in explosives and implement Title XI, Regulation of 17449, Apr. 6, 1995; T.D. ATF–387, 62 FR 8376, Feb. 25, 1997; ATF No. 1, 68 FR
13780, Mar. 20, 2003]
Explosives (18 U.S.C. Chapter 40; 84 Stat. 952), of the
Organized Crime Control Act of 1970 (84 Stat. 922), Pub. L. § 555.2 Relation to other provisions of law.
103–322 (108 Stat. 1796), Pub. L. 104–132 (110 Stat. 1214), The provisions in this part are in addition to, and are not in lieu
and Pub. L. 107–296 (116 Stat. 2135). of, any other provision of law, or regulations, respecting
(b) Procedural and substantive requirements. This part commerce in explosive materials. For regulations applicable to
contains the procedural and substantive requirements relative to: commerce in firearms and ammunition, see Part 478 of this
chapter. For regulations applicable to traffic in machine guns,
(1) The interstate or foreign commerce in explosive
destructive devices, and certain other firearms, see Part 479 of
materials;
this chapter. For statutes applicable to the registration and
(2) The licensing of manufacturers and importers of, and
licensing of persons engaged in the business of manufacturing,
dealers in, explosive materials;
importing or exporting arms, ammunition, or implements of war,
(3) The issuance of permits;
see section 38 of the Arms Export Control Act (22 U.S.C. 2778),
(4) The conduct of business by licensees and operations
and regulations of Part 447 of this chapter and in Parts 121
by permittees;
through 128 of Title 22, Code of Federal Regulations. For statutes
(5) The storage of explosive materials;
applicable to nonmailable materials, see 18 U.S.C. 1716 and
(6) The records and reports required of licensees and
implementing regulations. For statutes applicable to water quality
permittees;
standards, see 33 U.S.C. 1341.
(7) Relief from disabilities under this part;
(8) Exemptions, unlawful acts, penalties, seizures, and
forfeitures; and

Subpart B—Definitions
§ 555.11 Meaning of terms. Ammunition. Small arms ammunition or cartridge cases,
When used in this part, terms are defined as follows in this primers, bullets, or smokeless propellants designed for use in
section. Words in the plural form include the singular, and vice small arms, including percussion caps, and 3/32 inch and other
versa, and words indicating the masculine gender include the external burning pyrotechnic hobby fuses. The term does not
feminine. The terms “includes” and “including” do not exclude include black powder.
other things not named which are in the same general class or Appropriate identifying information. The term means, in
are otherwise within the scope of the term defined. relation to an individual:
Act. 18 U.S.C. Chapter 40. (a) The full name, date of birth, place of birth, sex, race,
Adjudicated as a mental defective. (a) A determination by a street address, State of residence, telephone numbers (home and
court, board, commission, or other lawful authority that a work), country or countries of citizenship, and position at the
person, as a result of marked subnormal intelligence, or mental employer's business or operations of responsible persons and
illness, incompetency, condition, or disease: employees authorized to possess explosive materials;
(1) Is a danger to himself or to others; or (b) The business name, address, and license or permit
(2) Lacks the mental capacity to contract or manage his own number with which the responsible person or employee is
affairs. affiliated;
(b) The term will include— (c) If an alien, INS-issued alien number or admission
(1) A finding of insanity by a court in a criminal case; and number; and
(2) Those persons found incompetent to stand trial or found (d) Social security number, as optional information (this
not guilty by reason of lack of mental responsibility by any information is not required but is helpful in avoiding misidenti-
court or pursuant to articles 50a and 76b of the Uniform Code fication when a background check is conducted).
of Military Justice, 10 U.S.C. 850a, 876b. Approved storage facility. A place where explosive materials
Alien. Any person who is not a citizen or national of the are stored, consisting of one or more approved magazines,
United States. conforming to the requirements of this part and covered by a
license or permit issued under this part.
13
 Articles pyrotechnic. Pyrotechnic devices for professional use a .30 caliber rifle at a distance of 100 ft (30.5 m), measured
similar to consumer fireworks in chemical composition and perpendicular. The test material is at a temperature of 70 to 75 º F
construction but not intended for consumer use. Such articles (21 to 24 º C) and is placed against a 1⁄2 " (12.4 mm) steel backing
meeting the weight limits for consumer fireworks but not labeled plate.
as such and classified by U.S. Department of Transportation regu- Bureau. (a) Prior to January 24, 2003. The Bureau of Alcohol,
lations in 49 CFR 172.101 as UN0431 or UN0432. Tobacco and Firearms, Department of the Treasury, Washington,
Artificial barricade. An artificial mound or revetted wall of DC.
earth of a minimum thickness of three feet, or any other approved (b) On and after January 24, 2003. The Bureau of Alcohol,
barricade that offers equivalent protection. Tobacco, Firearms and Explosives, Department of Justice,
ATF. (a) Prior to January 24, 2003. The Bureau of Alcohol, Washington, DC.
Tobacco and Firearms, Department of the Treasury, Washington, Business premises. When used with respect to a manufacturer,
DC. importer, or dealer, the property on which explosive materials are
(b) On and after January 24, 2003. The Bureau of Alcohol, manufactured, imported, stored or distributed. The premises
Tobacco, Firearms and Explosives, Department of Justice, include the property where the records of a manufacturer, import-
Washington, DC. er, or dealer are kept if different than the premises where explo-
ATF officer. (a) Prior to January 24, 2003. An officer or sive materials are manufactured, imported, stored or distributed.
employee of the Bureau of Alcohol, Tobacco and Firearms (ATF) When used with respect to a user of explosive materials, the
authorized to perform any function relating to the administration property on which the explosive materials are received or stored.
or enforcement of this part. The premises includes the property where the records of the users
(b) On and after January 24, 2003. An officer or employee of are kept if different than the premises where explosive materials
the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are received or stored.
authorized to perform any function relating to the administration Chief, Federal Explosives Licensing Center. The ATF official
or enforcement of this part. responsible for the issuance and renewal of licenses and permits
Authority having jurisdiction for fire safety. The fire under this part.
department having jurisdiction over sites where explosives are Committed to a mental institution. A formal commitment of a
manufactured or stored. person to a mental institution by a court, board, commission, or
Barricaded. The effective screening of a magazine containing other lawful authority. The term includes a commitment to a
explosive materials from another magazine, a building, a railway, mental institution involuntarily. The term includes commitment
or a highway, either by a natural barricade or by an artificial for mental defectiveness or mental illness. It also includes
barricade. To be properly barricaded, a straight line from the top commitments for other reasons, such as for drug use. The term
of any sidewall of the magazine containing explosive materials to does not include a person in a mental institution for observation or
the eave line of any other magazine or building, or to a point 12 a voluntary admission to a mental institution.
feet above the center of a railway or highway, will pass through Common or contract carrier. Any individual or organization
the natural or artificial barricade. engaged in the business of transporting passengers or goods.
Blasting agent. Any material or mixture, consisting of fuel and Consumer fireworks. Any small firework device designed to
oxidizer, that is intended for blasting and not otherwise defined produce visible effects by combustion and which must comply
as an explosive; if the finished product, as mixed for use or with the construction, chemical composition, and labeling
shipment, cannot be detonated by means of a number 8 test regulations of the U.S. Consumer Product Safety Commission, as
blasting cap when unconfined. A number 8 test blasting cap is set forth in title 16, Code of Federal Regulations, parts 1500 and
one containing 2 grams of a mixture of 80 percent mercury 1507. Some small devices designed to produce audible effects are
fulminate and 20 percent potassium chlorate, or a blasting cap of included, such as whistling devices, ground devices containing 50
equivalent strength. An equivalent strength cap comprises 0.40– mg or less of explosive materials, and aerial devices containing
0.45 grams of PETN base charge pressed in an aluminum shell 130 mg or less of explosive materials. Consumer fireworks are
with bottom thickness not to exceed to 0.03 of an inch, to a classified as fireworks UN0336, and UN0337 by the U.S.
specific gravity of not less than 1.4 g/cc., and primed with Department of Transportation at 49 CFR 172.101. This term does
standard weights of primer depending on the manufacturer. not include fused set pieces containing components which
Bulk salutes. Salute components prior to final assembly into together exceed 50 mg of salute powder.
aerial shells, and finished salute shells held separately prior to Controlled substance. A drug or other substance, or immediate
being packed with other types of display fireworks. precursor, as defined in section 102 of the Controlled Substances
Bullet-sensitive explosive materials. Explosive materials that Act, 21 U.S.C. 802. The term includes, but is not limited to,
can be exploded by 150-grain M2 ball ammunition having a marijuana, depressants, stimulants, and narcotic drugs. The term
nominal muzzle velocity of 2700 fps (824 mps) when fired from

14
does not include distilled spirits, wine, malt beverages, or “I declare under the penalties of perjury that this—(insert type
tobacco, as those terms are defined or used in Subtitle E of the of document, such as, statement, application, request, certificate),
Internal Revenue Code of 1986, as amended. including the documents submitted in support thereof, has been
Crime punishable by imprisonment for a term exceeding examined by me and, to the best of my knowledge and belief, is
one year. Any offense for which the maximum penalty, whether true, correct, and complete”.
or not imposed, is capital punishment or imprisonment in excess Explosive actuated device. Any tool or special mechanized
of one year. The term does not include (a) any Federal or State device which is actuated by explosives, but not a propellent
offenses pertaining to antitrust violations, unfair trade practices, actuated device.
restraints of trade, or (b) any State offense (other than one Explosive materials. Explosives, blasting agents, water gels
involving a firearm or explosive) classified by the laws of the and detonators. Explosive materials include, but are not limited
State as a misdemeanor and punishable by a term of imprison- to, all items in the “List of Explosive Materials” provided for in
ment of two years or less. § 555.23.
Customs officer. Any officer of the Customs Service or any Explosives. Any chemical compound, mixture, or device, the
commissioned, warrant, or petty officer of the Coast Guard, or primary or common purpose of which is to function by explosion.
any agent or other person authorized to perform the duties of an The term includes, but is not limited to, dynamite and other high
officer of the Customs Service. explosives, black powder, pellet powder, initiating explosives,
Dealer. Any person engaged in the business of distributing detonators, safety fuses, squibs, detonating cord, igniter cord, and
explosive materials at wholesale or retail. igniters.
Detonator. Any device containing a detonating charge that is Fireworks. Any composition or device designed to produce a
used for initiating detonation in an explosive. The term includes, visible or an audible effect by combustion, deflagration, or
but is not limited to, electric blasting caps of instantaneous and detonation, and which meets the definition of “consumer fire-
delay types, blasting caps for use with safety fuses, detonating- works” or “display fireworks” as defined by this section.
cord delay connectors, and nonelectric instantaneous and delay Fireworks mixing building. Any building or area used for
blasting caps. mixing and blending pyrotechnic compositions except wet
Director. (a) Prior to January 24, 2003. The Director, Bureau of sparkler mix.
Alcohol, Tobacco and Firearms, Department of the Treasury, Fireworks nonprocess building. Any office building or other
Washington, DC. (b) On and after January 24, 2003. The Director, building or area in a fireworks plant where no fireworks, pyro-
Bureau of Alcohol, Tobacco, Firearms and Explosives, technic compositions or explosive materials are processed or
Department of Justice, Washington, DC. stored.
Discharged under dishonorable conditions. Separation from Fireworks plant. All land and buildings thereon used for or in
the U.S. Armed Forces resulting from a dishonorable discharge or connection with the assembly or processing of fireworks,
dismissal adjudged by general court-martial. The term does not including warehouses used with or in connection with fireworks
include any separation from the Armed Forces resulting from any plant operations.
other discharge, e.g., a bad conduct discharge. Fireworks plant warehouse. Any building or structure used
Display fireworks. Large fireworks designed primarily to exclusively for the storage of materials which are neither explo-
produce visible or audible effects by combustion, deflagration, or sive materials nor pyrotechnic compositions used to manufacture
detonation. This term includes, but is not limited to, salutes or assemble fireworks.
containing more than 2 grains (130 mg) of explosive materials, Fireworks process building. Any mixing building; any
aerial shells containing more than 40 grams of pyrotechnic building in which pyrotechnic compositions or explosive materi-
compositions, and other display pieces which exceed the limits of als is pressed or otherwise prepared for finished and assembly; or
explosive materials for classification as “consumer fireworks.” any finishing or assembly building.
Display fireworks are classified as fireworks UN0333, UN0334 Fireworks shipping building. A building used for the packing
or UN0335 by the U.S. Department of Transportation at 49 CFR of assorted display fireworks into shipping cartons for individual
172.101. This term also includes fused setpieces containing public displays and for the loading of packaged displays for
components which together exceed 50 mg of salute powder. shipment to purchasers.
Distribute. To sell, issue, give, transfer, or otherwise dispose Flash powder. An explosive material intended to produce an
of. The term does not include a mere change of possession from a audible report and a flash of light when ignited which includes
person to his agent or employee in connection with the agency or but is not limited to oxidizers such as potassium chlorate or
employment. potassium perchlorate, and fuels such as sulfur or aluminum
Executed under penalties of perjury. Signed with the powder.
required declaration under the penalties of perjury as provided on Fugitive from justice. Any person who has fled from the
or with respect to the return, form, or other document or, where jurisdiction of any court of record to avoid prosecution for any
no form of declaration is required, with the declaration: crime or to avoid giving testimony in any criminal proceeding.
15
The term also includes any person who has been convicted of any Mass detonation (mass explosion). Explosive materials mass
crime and has fled to avoid imprisonment. detonate (mass explode) when a unit or any part of a larger
Hardwood. Oak, maple, ash, hickory, or other hard wood, free quantity of explosive material explodes and causes all or a
from loose knots, spaces, or similar defects. substantial part of the remaining material to detonate or explode.
Highway. Any public street, public alley, or public road, Mental institution. Includes mental health facilities, mental
including a privately financed, constructed, or maintained road hospitals, sanitariums, psychiatric facilities, and other facilities
that is regularly and openly traveled by the general public. that provide diagnoses by licensed professionals of mental
Identification document. A document containing the name, retardation or mental illness, including a psychiatric ward in a
residence address, date of birth, and photograph of the holder and general hospital.
which was made or issued by or under the authority of the United Natural barricade. Natural features of the ground, such as
States Government, a State, political subdivision of a State, a hills, or timber of sufficient density that the surrounding expo-
foreign government, a political subdivision of a foreign govern- sures which require protection cannot be seen from the magazine
ment, an international governmental or an international quasi- when the trees are bare of leaves.
governmental organization which, when completed with informa- Number 8 test blasting cap. (See definition of “blasting
tion concerning a particular individual, is of a type intended or agent.”)
commonly accepted for the purpose of identification of individu- Permittee. Any user of explosives for a lawful purpose who has
als. obtained either a user permit or a limited permit under this part.
Importer. Any person engaged in the business of importing or Person. Any individual, corporation, company, association,
bringing explosive materials into the United States for purposes firm, partnership, society, or joint stock company.
of sale or distribution. Plywood. Exterior, construction grade (laminated wood)
Indictment. Includes an indictment or information in any court plywood.
under which a crime punishable by imprisonment for a term Propellant actuated device. (a) Any tool or special mecha-
exceeding one year may be prosecuted. nized device or gas generator system that is actuated by a propel-
Inhabited building. Any building regularly occupied in whole lant or which releases and directs work through a propellant
or in part as a habitation for human beings, or any church, school- charge.
house, railroad station, store, or other structure where people are (b) The term does not include—
accustomed to assemble, except any building occupied in (1) Hobby rocket motors consisting of ammonium perchlorate
connection with the manufacture, transportation, storage, or use composite propellant, black powder, or other similar low explo-
of explosive materials. sives, regardless of amount; and
Interstate or foreign commerce. Commerce between any (2) Rocket-motor reload kits that can be used to assemble
place in a State and any place outside of that State, or within any hobby rocket motors containing ammonium perchlorate composite
possession of the United States or the District of Columbia, and propellant, black powder, or other similar low explosives, regard-
commerce between places within the same State but through any less of amount.
place outside of that State. Pyrotechnic compositions. A chemical mixture which, upon
Licensed dealer. A dealer licensed under this part. burning and without explosion, produces visible, brilliant dis-
Licensed importer. An importer licensed under this part. plays, bright lights, or sounds.
Licensed manufacturer. A manufacturer licensed under this Railway. Any steam, electric, or other railroad or railway which
part to engage in the business of manufacturing explosive carries passengers for hire.
materials for purposes of sale or distribution or for his own use. Region. A geographical region of the Bureau of Alcohol,
Licensee. Any importer, manufacturer, or dealer licensed under Tobacco, Firearms and Explosives.
this part. Regional director (compliance). (Changed to “Director,
Limited permit. A permit issued to a person authorizing him Industry Operations” within the respective ATF Field Divisions.)
to receive for his use explosive materials from a licensee or The principal regional official responsible for administering
permittee in his state of residence on no more than 6 occasions regulations in this part.
during the 12-month period in which the permit is valid. A Renounced U.S. citizenship. (a) A person has renounced his
limited permit does not authorize the receipt or transportation of U.S. citizenship if the person, having been a citizen of the United
explosive materials in interstate or foreign commerce. States, has renounced citizenship either—
Magazine. Any building or structure, other than an explosives (1) Before a diplomatic or consular officer of the United States
manufacturing building, used for storage of explosive materials. in a foreign state pursuant to 8 U.S.C. 1481(a)(5); or
Manufacturer. Any person engaged in the business of manu- (2) Before an officer designated by the Attorney General when
facturing explosive materials for purposes of sale or distribution the United States is in a state of war pursuant to 8 U.S.C.
or for his own use. 1481(a)(6).

16
 (b) The term will not include any renunciation of citizenship and any person who is a current user of a controlled substance in
that has been reversed as a result of administrative or judicial a manner other than as prescribed by a licensed physician. Such
appeal. use is not limited to the use of drugs on a particular day, or within
Responsible person. An individual who has the power to direct a matter of days or weeks before possession of the explosive
the management and policies of the applicant pertaining to materials, but rather that the unlawful use has occurred recently
explosive materials. Generally, the term includes partners, sole enough to indicate that the individual is actively engaged in such
proprietors, site managers, corporate officers and directors, and conduct. A person may be an unlawful current user of a con-
majority shareholders. trolled substance even though the substance is not being used at
Salute. An aerial shell, classified as a display firework, that the precise time the person seeks to acquire explosive materials
contains a charge of flash powder and is designed to produce a or receives or possesses explosive materials. An inference of
flash of light and a loud report as the pyrotechnic effect. current use may be drawn from evidence of a recent use or
Screen barricade. Any barrier that will contain the embers and possession of a controlled substance or a pattern of use or
debris from a fire or deflagration in a process building, thus possession that reasonably covers the present time, e.g., a
preventing propagation of fire to other buildings or areas. Such conviction for use or possession of a controlled substance within
barriers shall be constructed of metal roofing, 1⁄4 to 1⁄2" (6 to 13 the past year; multiple arrests for such offenses within the past 5
mm) mesh screen, or equivalent material. The barrier extends years if the most recent arrest occurred within the past year; or
from floor level to a height such that a straight line from the top persons found through a drug test to use a controlled substance
of any side wall of the donor building to the eave line of any unlawfully, provided that the test was administered within the
exposed building intercepts the screen at a point not less than 5 past year. For a current or former member of the Armed Forces,
feet (1.5 m) from the top of the screen. The top 5 feet (1.5 m) of an inference of current use may be drawn from recent disciplin-
the screen is inclined towards the donor building at an angle of 30 ary or other administrative action based on confirmed drug use,
to 45º. e.g., court-martial conviction, nonjudicial punishment, or an
Softwood. Fir, pine, or other soft wood, free from loose knots, administrative discharge based on drug use or drug rehabilitation
spaces, or similar defects. failure.
State. A State of the United States. The term includes the U.S.C. The United States Code.
District of Columbia, the Commonwealth of Puerto Rico, and the User-limited permit. A user permit valid only for a single
possessions of the United States. purchase transaction, a new permit being required for a subse-
State of residence. The State in which an individual regularly quent purchase transaction.
resides or maintains his home. Temporary stay in a State does not User permit. A permit issued to a person authorizing him (a)
make the State of temporary stay the State of residence. to acquire for his own use explosive materials from a licensee in a
Theatrical flash powder. Flash powder commercially manu- State other than the State in which he resides or from a foreign
factured in premeasured kits not exceeding 1 ounce and mixed country, and (b) to transport explosive materials in interstate or
immediately prior to use and intended for use in theatrical shows, foreign commerce.
stage plays, band concerts, magic acts, thrill shows, and clown Water gels. Explosives or blasting agents that contain a
acts in circuses. substantial proportion of water.
Unlawful user of or addicted to any controlled substance. A (18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226)
person who uses a controlled substance and has lost the power of
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981]
self-control with reference to the use of a controlled substance;

17
 Subpart C—Administrative and Miscellaneous Provisions
§ 555.21 Forms prescribed. (b) Emergency variations from requirements. The Director may
(a) The Director is authorized to prescribe all forms required approve construction, equipment, and methods of operation
by this part. All of the information called for in each form shall other than as specified in this part, where he finds that an
be furnished as indicated by the headings on the form and the emergency exists and the proposed variations from the specified
instructions on or pertaining to the form. In addition, informa- requirements are necessary and the proposed variations:
tion called for in each form shall be furnished as required by (1) Will afford security and protection that are substan-
this part. tially equivalent to those prescribed in this part;
(2) Will not hinder the effective administration of this
(b) Requests for forms should be mailed to the ATF part; and
Distribution Center, 1519 Cabin Branch Drive, Landover, MD (3) Will not be contrary to any provisions of law.
20785. Variations from requirements granted under this paragraph are
[T.D. ATF–92, 46 FR 46916, Sept. 23, 1981, as amended by T.D. ATF–249, 52 conditioned on compliance with the procedures, conditions, and
FR 5961, Feb. 27, 1987; T.D. 372, 61 FR 20724, May 8, 1996; ATF–11F, 73 FR
57242, Oct. 2, 2008] limitations set forth in the approval of the application. Failure to
comply in good faith with the procedures, conditions, and
§ 555.22 Alternate methods or procedures; limitations shall automatically terminate the authority for the
emergency variations from requirements. variations and the licensee or permittee shall fully comply with
(a) Alternate methods or procedures. The permittee or licensee, the prescribed requirements of regulations from which the
on specific approval by the Director as provided by this para- variations were authorized. Authority for any variation may be
graph, may use an alternate method or procedure in lieu of a withdrawn whenever, in the judgment of the Director, the
method or procedure specifically prescribed in this part. The effective administration of this part is hindered by the continua-
Director may approve an alternate method or procedure, subject tion of the variation. Where the licensee or permittee desires to
to stated conditions, when he finds that: employ an emergency variation, he shall submit a written
(1) Good cause is shown for the use of the alternate application to the Director, Industry Operations for transmittal
method or procedure; to the Director. The application shall describe the proposed
(2) The alternate method or procedure is within the variation and set forth the reasons for it. Variations may not be
purpose of, and consistent with the effect intended by, the employed until the application is approved, except when the
specifically prescribed method or procedure and that the emergency requires immediate action to correct a situation that
alternate method or procedure is substantially equivalent to that is threatening to life or property. Corrective action may then be
specifically prescribed method or procedure; and taken concurrent with the filing of the application and notifica-
(3) The alternate method or procedure will not be contrary tion of the Director via telephone.
to any provision of law and will not result in an increase in cost (c) Retention of approved variations. The licensee or permittee
to the Government or hinder the effective administration of this shall retain, as part of his records available for examination by
part. ATF officers, any application approved by the Director under
Where the permittee or licensee desires to employ an this section.
alternate method or procedure, he shall submit a written
application to the Director, Industry Operations, for transmittal § 555.23 List of explosive materials.
to the Director. The application shall specifically describe the The Director shall compile a list of explosive materials, which
proposed alternate method or procedure and shall set forth the shall be published and revised at least annually in the Federal
reasons for it. Alternate methods or procedures may not be Register. The “List of Explosive Materials” (ATF Publication
employed until the application is approved by the Director. The 5400.8) is available at no cost upon request from the ATF
permittee or licensee shall, during the period of authorization of Distribution Center (See § 555.21).
an alternate method or procedure, comply with the terms of the [T.D. ATF–290, 54 FR 53054, Dec. 27, 1989, as amended by T.D. ATF–446, 66
FR 16602, Mar. 27, 2001; ATF–11F, 73 FR 57242, Oct. 2, 2008]
approved application. Authorization of any alternate method or
procedure may be withdrawn whenever, in the judgment of the § 555.24 Right of entry and examination.
Director, the effective administration of this part is hindered by
(a) Any ATF officer may enter during business hours the
the continuation of the authorization. As used in this paragraph,
premises, including places of storage, of any licensee or holder
alternate methods or procedures include alternate construction
of a user permit for the purpose of inspecting or examining any
or equipment.
records or documents required to be kept under this part, and
any facilities in which explosive materials are kept or stored.

18
(b) Any ATF officer may inspect the places of storage for (1) Is under indictment or information for, or who has been
explosive materials of an applicant for a limited permit or, in the convicted in any court of, a crime punishable by imprisonment for
case of a holder of a limited permit, at the time of renewal of such a term exceeding one year;
permit. (2) Is a fugitive from justice;
(c) The provisions of paragraph (b) of this section do not apply (3) Is an unlawful user of or addicted to any controlled
to an applicant for the renewal of a limited permit if an ATF substance (as defined in section 102 of the Controlled Substances
officer has, within the preceding 3 years, verified by inspection Act (21 U.S.C. 802) and § 555.11);
that the applicant's place of storage for explosive materials meets (4) Has been adjudicated as a mental defective or has been
the requirements of subpart K of this part. committed to a mental institution;
[ATF No. 1, 68 FR 13781, Mar. 20, 2003] (5) Is an alien, other than an alien who—
(i)  Is lawfully admitted for permanent residence (as
§ 555.25 Disclosure of information. that term is defined in section 101(a)(20) of the Immigration and
Upon receipt of written request from any State or any political Nationality Act (8 U.S.C. 1101)); or
subdivision of a State, the Director, Industry Operations may (ii) Is in lawful nonimmigrant status, is a refugee
make available to the State or political subdivision any informa- admitted under section 207 of the Immigration and Nationality
tion which the Director, Industry Operations may obtain under the Act (8 U.S.C. 1157), or is in asylum status under section 208 of
Act with respect to the identification of persons within the State the Immigration and Nationality Act (8 U.S.C. 1158), and—
or political subdivision, who have purchased or received explosive (A) Is a foreign law enforcement officer of a
materials, together with a description of the explosive materials. friendly foreign government, as determined by the Attorney
General in consultation with the Secretary of State, entering the
§ 555.26 Prohibited shipment, transportation, United States on official law enforcement business, and the
receipt, possession, or distribution of explosive shipping, transporting, possession, or receipt of explosive materi-
materials. als is in furtherance of this official law enforcement business;
(a) General. No person, other than a licensee or permittee (B) Is a person having the power to direct or
knowingly may transport, ship, cause to be transported, or receive cause the direction of the management and policies of a corpora-
any explosive materials: Provided, that the provisions of this tion, partnership, or association licensed pursuant to section
paragraph (a) do not apply to the lawful purchase by a nonli- 843(a) of the Act, and the shipping, transporting, possession, or
censee or nonpermittee of commercially manufactured black receipt of explosive materials is in furtherance of such power;
powder in quantities not to exceed 50 pounds, if the black powder (C) Is a member of a North Atlantic Treaty
is intended to be used solely for sporting, recreational, or cultural Organization (NATO) or other friendly foreign military force, as
purposes in antique firearms as defined in 18 U.S.C. 921(a)(16), determined by the Attorney General in consultation with the
or in antique devices as exempted from the term “destructive Secretary of Defense, (whether or not admitted in a nonimmigrant
device” in 18 U.S.C. 921(a)(4). status) who is present in the United States under military orders
for training or other military purpose authorized by the United
(b) Holders of a limited permit. No person who is a holder of a
States, and the shipping, transporting, possession, or receipt of
limited permit may—
explosive materials is in furtherance of the military purpose; or
(1) Transport, ship, cause to be transported, or receive in
(D) Is lawfully present in the United States in
interstate or foreign commerce any explosive materials;
cooperation with the Director of Central Intelligence, and the
(2) Receive explosive materials from a licensee or permit-
shipment, transportation, receipt, or possession of the explosive
tee, whose premises are located outside the State of residence of
materials is in furtherance of such cooperation;
the limited permit holder; or
(6) Has been discharged from the armed forces under
(3) Receive explosive materials on more than 6 separate
dishonorable conditions; or
occasions, during the period of the permit, from one or more
(7) Having been a citizen of the United States, has
licensees or permittees whose premises are located within the
renounced citizenship.
State of residence of the limited permit holder. (See § 555.105(b)
for the definition of “6 separate occasions.”) (d) Distribution to prohibited persons. No person may knowingly
distribute explosive materials to any individual who:
(c) Possession by prohibited persons. No person may ship or
(1) Is under twenty-one years of age;
transport any explosive material in or affecting interstate or
(2) Is under indictment or information for, or who has been
foreign commerce or receive or possess any explosive materials
convicted in any court of, a crime punishable by imprisonment for
which have been shipped or transported in or affecting interstate
a term exceeding one year;
or foreign commerce who:
(3) Is a fugitive from justice;

19
 (4) Is an unlawful user of or addicted to any controlled § 555.27 Out-of-State disposition of explosive
substance (as defined in section 102 of the Controlled Substances materials.
Act (21 U.S.C. 802) and § 555.11);
(a) No nonlicensee or nonpermittee may distribute any explosive
(5) Has been adjudicated as a mental defective or has been
materials to any other nonlicensee or nonpermittee who the
committed to a mental institution;
distributor knows or who has reasonable cause to believe does not
(6) Is an alien, other than an alien who—
reside in the State in which the distributor resides.
(i) Is lawfully admitted for permanent residence (as
that term is defined in section 101(a)(20) of the Immigration and (b) The provisions of this section do not apply on and after May
Nationality Act (8 U.S.C. 1101)); or 24, 2003.
(ii) Is in lawful nonimmigrant status, is a refugee [ATF No. 1, 68 FR 13782, Mar. 20, 2003]
admitted under section 207 of the Immigration and Nationality
§ 555.28 Stolen explosive materials.
Act (8 U.S.C. 1157), or is in asylum status under section 208 of
No person shall receive, conceal, transport, ship, store, barter,
the Immigration and Nationality Act (8 U.S.C. 1158), and—
sell, or dispose of any stolen explosive materials knowing or
(A) Is a foreign law enforcement officer of a
having reasonable cause to believe that the explosive materials
friendly foreign government, as determined by the Attorney
were stolen.
General in consultation with the Secretary of State, entering the
United States on official law enforcement business, and the § 555.29 Unlawful storage.
shipping, transporting, possession, or receipt of explosive No person shall store any explosive materials in a manner not in
materials is in furtherance of this official law enforcement conformity with this part.
business;
(B) Is a person having the power to direct or § 555.30 Reporting theft or loss of explosive
cause the direction of the management and policies of a corpora- materials.
tion, partnership, or association licensed pursuant to section (a) Any licensee or permittee who has knowledge of the theft or
843(a) of the Act, and the shipping, transporting, possession, or loss of any explosive materials from his stock shall, within 24
receipt of explosive materials is in furtherance of such power; hours of discovery, report the theft or loss by telephoning 1-800-
(C) Is a member of a North Atlantic Treaty 800-3855 (nationwide toll free number) and on ATF F 5400.5
Organization (NATO) or other friendly foreign military force, as (formerly Form 4712) in accordance with the instructions on the
determined by the Attorney General in consultation with the form. Theft or loss of any explosive materials shall also be
Secretary of Defense, (whether or not admitted in a nonimmigrant reported to appropriate local authorities.
status) who is present in the United States under military orders
for training or other military purpose authorized by the United (b) Any other person, except a carrier of explosive materials,
States, and the shipping, transporting, possession, or receipt of who has knowledge of the theft or loss of any explosive materials
explosive materials is in furtherance of the military purpose; or from his stock shall, within 24 hours of discovery, report the theft
(D) Is lawfully present in the United States in or loss by telephoning 1-800-800-3855 (nationwide toll free
cooperation with the Director of Central Intelligence, and the number) and in writing to the nearest ATF office. Theft or loss
shipment, transportation, receipt, or possession of the explosive shall be reported to appropriate local authorities.
materials is in furtherance of such cooperation; (c) Reports of theft or loss of explosive materials under para-
(7) Has been discharged from the armed forces under graphs (a) and (b) of this section must include the following
dishonorable conditions; or information, if known:
(8) Having been a citizen of the United States, has (1) The manufacturer or brand name.
renounced citizenship. (2) The manufacturer's marks of identification (date and
(e) See § 555.180 for regulations concerning the prohibited shift code).
manufacture, importation, exportation, shipment, transportation, (3) Quantity (applicable quantity units, such as pounds of
receipt, transfer, or possession of plastic explosives that do not explosives, number of detonators, etc.).
contain a detection agent. (4) Description (dynamite, blasting agents, detonators, etc.)
and United Nations (UN) identification number, hazard division
[ATF No. 1, 68 FR 13781, Mar. 20, 2003]
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).

20
(d) A carrier of explosive materials who has knowledge of the (2) The Director will determine whether the responsible
theft or loss of any explosive materials shall, within 24 hours of person or employee is one of the persons described in any
discovery, report the theft or loss by telephoning 1-800-800-3855 paragraph of section 842(i) of the Act (see § 555.26). In making
(nationwide toll free number). Theft or loss shall also be reported such determination, the Director may take into account a letter or
to appropriate local authorities. Reports of theft or loss of document issued under paragraph (a)(3) of this section.
explosive materials by carriers shall include the following (3) (i) If the Director determines that the responsible
information, if known: person or the employee is not one of the persons described in any
(1) The manufacturer or brand name. paragraph of section 842(i) of the Act (see § 555.26), the Director
(2) Quantity (applicable quantity units, such as pounds of will notify the employer in writing or electronically of the
explosives, number of detonators, etc.). determination and issue, to the responsible person or employee,
(3) Description (United Nations (UN) identification as the case may be, a letter of clearance which confirms the
number, hazard division number, and classification letter, e.g., determination.
1.1D) as classified by the U.S. Department of Transportation at (ii) If the Director determines that the responsible
49 CFR 172.101 and 173.52. person or employee is one of the persons described in any
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–400, 63 FR paragraph of section 842(i) of the Act (see § 555.26), ATF will
45002, Aug. 24, 1998] notify the employer in writing or electronically of the determina-
tion and issue to the responsible person or the employee, as the
§ 555.31 Inspection of site accidents or fires; right
case may be, a document that confirms the determination;
of entry. explains the grounds for the determination; provides information
Any ATF officer may inspect the site of any accident or fire in on how the disability may be relieved; and explains how the
which there is reason to believe that explosive materials were determination may be appealed. The employer will retain the
involved. Any ATF officer may enter into or upon any property notification as part of his permanent records in accordance with
where explosive materials have been used, are suspected of § 555.121. The employer will take immediate steps to remove the
having been used, or have been found in an otherwise unauthor- responsible person from his position directing the management or
ized location. policies of the business or operations as they relate to explosive
§ 555.32 Special explosive devices. materials or, as the case may be, to remove the employee from a
The Director may exempt certain explosive actuated devices, position requiring the possession of explosive materials. Also, if
explosive actuated tools, or similar devices from the requirements the employer has listed the employee as a person authorized to
of this part. A person who desires to obtain an exemption under accept delivery of explosive materials, as specified in § 555.103
this section for any special explosive device, which as designed or § 555.105, the employer must remove the employee from such
does not constitute a public safety or security hazard, shall submit list and immediately, and in no event later than the second
a written request to the Director. Each request shall be executed business day after such change, notify distributors of such
under the penalties of perjury and contain a complete and change.
accurate description of the device, the name and address of the (b) Appeals and correction of erroneous system information—
manufacturer or importer, the purpose of and use for which it is (1) In general. A responsible person or employee may
intended, and any photographs, diagrams, or drawings as may be challenge the adverse determination set out in the letter of denial,
necessary to enable the Director to make a determination. The in writing and within 45 days of issuance of the determination, by
Director may require that a sample of the device be submitted for directing his or her challenge to the basis for the adverse determi-
examination and evaluation. If it is not possible to submit the nation, or to the accuracy of the record upon which the adverse
device, the person requesting the exemption shall advise the determination is based, to the Director. The appeal request must
Director and designate the place where the device will be include appropriate documentation or record(s) establishing the
available for examination and evaluation. legal and/or factual basis for the challenge. Any record or
document of a court or other government entity or official
§ 555.33 Background checks and clearances furnished in support of an appeal must be certified by the court or
(effective May 24, 2003). other government entity or official as a true copy. In the case of
(a) Background checks. an employee, or responsible person who did not submit finger-
prints, such appeal must be accompanied by two properly
(1) If the Director receives from a licensee or permittee the
completed FBI Forms FD–258 (fingerprint card). The Director
names and appropriate identifying information of responsible
will advise the individual in writing of his decision and the
persons and employees who will be authorized by the employer to
reasons for the decision.
possess explosive materials in the course of employment with the
employer, the Director will conduct a background check in
accordance with this section.
21
(2) Employees. The letter of denial, among other things, will individual's application by addressing the individual's specific
advise an employee who elects to challenge an adverse determi- reasons for the challenge, and by indicating whether additional
nation to submit the fingerprint cards as described above. The information or documents are required. If the record is corrected
employee also will be advised of the agency name and address as a result of the application to the originating agency, the
that originated the record containing the information causing the individual may so notify ATF which will, in turn, verify the record
adverse determination (“originating agency”). At that time, and correction with the originating agency and take all necessary steps
where appropriate, an employee is encouraged to apply to the to contact the agency responsible for the record system and
originating agency to challenge the accuracy of the record(s) correct the record. A responsible person may provide additional
upon which the denial is based. The originating agency may documentation or records as specified for employees in paragraph
respond to the individual's application by addressing the individ- (b)(2) of this section.
ual's specific reasons for the challenge, and by indicating whether (Approved by the Office of Management and Budget under
additional information or documents are required. If the record is control number 1140–0081)
corrected as a result of the application to the originating agency, [ATF No. 1, 68 FR 13783, Mar. 20, 2003]
the individual may so notify ATF which will, in turn, verify the
record correction with the originating agency and take all § 555.34 Replacement of stolen or lost ATF Form
necessary steps to contact the agency responsible for the record 5400.30 (Intrastate Purchase of Explosives
system and correct the record. The employee may provide to ATF Coupon (IPEC)).
additional and appropriate documentation or record(s) establish- When any Form 5400.30 is stolen, lost, or destroyed, the person
ing the legal and/or factual basis for the challenge to ATF's losing possession will, upon discovery of the theft, loss, or
decision to uphold the initial denial. If ATF does not receive such destruction, immediately, but in all cases before 24 hours have
additional documentation or record(s) within 45 days of the date elapsed since discovery, report the matter to the Director by
of the decision upholding the initial denial, ATF will close the telephoning 1-888-ATF-BOMB (nationwide toll free number).
appeal. The report will explain in detail the circumstances of the theft,
loss, or destruction and will include all known facts that may
(3) Responsible persons. The letter of denial, among other
serve to identify the document. Upon receipt of the report, the
things, will advise a responsible person of the agency name and
Director will make such investigation as appears appropriate and
address which originated the record containing the information
may issue a duplicate document upon such conditions as the
causing the adverse determination (“originating agency”). A
circumstances warrant.
responsible person who elects to challenge the adverse determi-
(Approved by the Office of Management and Budget under
nation, where appropriate, is encouraged to apply to the originat-
control number 1140–0077)
ing agency to challenge the accuracy of the record(s) upon which
the denial is based. The originating agency may respond to the [ATF No. 1, 68 FR 13783, Mar. 20, 2003]

Subpart D—Licenses and Permits

§ 555.41 General. (ii) Commercially manufactured black powder in
(a) Licenses and permits issued prior to May 24, 2003. quantities not to exceed 50 pounds, intended to be used solely
(1) Each person intending to engage in business as an for sporting, recreational, or cultural purposes in antique
importer or manufacturer of, or a dealer in, explosive materials, firearms or in antique devices.
including black powder, must, before commencing business, (2) Each person intending to engage in business as an
obtain the license required by this subpart for the business to be explosive materials importer, manufacturer, or dealer must file
operated. Each person who intends to acquire for use explosive an application, with the required fee (see § 555.42), with ATF in
materials from a licensee in a State other than the State in which accordance with the instructions on the form (see § 555.45). A
he resides, or from a foreign country, or who intends to transport license will, subject to law, entitle the licensee to transport, ship,
explosive materials in interstate or foreign commerce, must and receive explosive materials in interstate or foreign
obtain a permit under this subpart; except that it is not necessary commerce, and to engage in the business specified by the
to obtain a permit if the user intends to lawfully purchase: license, at the location described on the license. A separate
(i) Explosive materials from a licensee in a State license must be obtained for each business premises at which
contiguous to the user's State of residence and the user's State of the applicant is to manufacture, import, or distribute explosive
residence has enacted legislation, currently in force, specifically materials except under the following circumstances:
authorizing a resident of that State to purchase explosive
materials in a contiguous State; or

22
 (i) A separate license will not be required for the required fee (see § 555.42), with ATF in accordance with the
storage facilities operated by the licensee as an integral part of instructions on the form (see § 555.45). A license will, subject to
one business premises or to cover a location used by the licensee law, entitle the licensee to transport, ship, and receive explosive
solely for maintaining the records required by this part. materials in interstate or foreign commerce, and to engage in the
(ii) A separate license will not be required of a business specified by the license, at the location described on the
licensed manufacturer with respect to his on-site manufacturing. license. A separate license must be obtained for each business
(iii) It will not be necessary for a licensed importer or premises at which the applicant is to manufacture, import, or
a licensed manufacturer (for purposes of sale or distribution) to distribute explosive materials except under the following circum-
also obtain a dealer's license in order to engage in business on his stances:
licensed premises as a dealer in explosive materials. (i) A separate license will not be required for
(iv) A separate license will not be required of storage facilities operated by the licensee as an integral part of
licensed manufacturers with respect to their on-site manufacture one business premises or to cover a location used by the licensee
of theatrical flash powder. solely for maintaining the records required by this part.
(3) Except as provided in paragraph (a)(1) of this section, (ii) A separate license will not be required of a
each person intending to acquire explosive materials from a licensed manufacturer with respect to his on-site manufacturing.
licensee in a State other than a State in which he resides, or from (iii) It will not be necessary for a licensed importer or
a foreign country, or who intends to transport explosive materials a licensed manufacturer (for purposes of sale or distribution) to
in interstate or foreign commerce, must file an application, with also obtain a dealer's license in order to engage in business on his
the required fee (see § 555.43), with ATF in accordance with the licensed premises as a dealer in explosive materials. No licensee
instructions on the form (see § 555.45). A permit will, subject to will be required to obtain a user permit to lawfully transport, ship,
law, entitle the permittee to acquire, transport, ship, and receive in or receive explosive materials in interstate or foreign commerce.
interstate or foreign commerce explosive materials. Only one (iv) A separate license will not be required of
permit is required under this part. licensed manufacturers with respect to their on-site manufacture
(b) Licenses and permits issued on and after May 24, 2003— of theatrical flash powder.
(1) In general. (3) Users of explosive materials.
(i) Each person intending to engage in business as (i) A limited permit will, subject to law, entitle the
an importer or manufacturer of, or a dealer in, explosive materi- holder of such permit to receive for his use explosive materials
als, including black powder, must, before commencing business, from a licensee or permittee in his state of residence on no more
obtain the license required by this subpart for the business to be than 6 separate occasions during the 12-month period in which
operated. the permit is valid. A limited permit does not authorize the receipt
(ii) Each person who intends to acquire for use or transportation of explosive materials in interstate or foreign
explosive materials within the State in which he resides on no commerce. Holders of limited permits who need to receive
more than 6 separate occasions during the 12-month period in explosive materials on more than 6 separate occasions during a
which the permit is valid must obtain a limited permit under this 12-month period must obtain a user permit in accordance with
subpart. (See § 555.105(b) for definition of “6 separate occa- this subpart.
sions.”) (ii) Each person intending to acquire explosive
(iii) Each person who intends to acquire for use materials from a licensee in a State other than a State in which he
explosive materials from a licensee or permittee in a State other resides, or from a foreign country, or who intends to transport
than the State in which he resides, or from a foreign country, or explosive materials in interstate or foreign commerce, must file
who intends to transport explosive materials in interstate or an application for a user permit, with the required fee (see
foreign commerce, or who intends to acquire for use explosive § 555.43), with ATF in accordance with the instructions on the
materials within the State in which he resides on more than 6 form (see § 555.45). A user permit will, subject to law, entitle the
separate occasions during a 12-month period, must obtain a user permittee to transport, ship, and receive in interstate or foreign
permit under this subpart. commerce explosive materials. Only one user permit per person is
(iv) It is not necessary to obtain a permit if the user required under this part, irrespective of the number of locations
intends only to lawfully purchase commercially manufactured relating to explosive materials operated by the holder of the user
black powder in quantities not to exceed 50 pounds, intended to permit.
be used solely for sporting, recreational, or cultural purposes in (Approved by the Office of Management and Budget under
antique firearms or in antique devices. control number 1140–0083)
(2) Importers, manufacturers, and dealers. Each person [ATF No. 1, 68 FR 13783, Mar. 20, 2003, as amended by ATF 5F, 70 FR 30633,
May 27, 2005]
intending to engage in business as an explosive materials
importer, manufacturer, or dealer must file an application, with

23
§ 555.42 License fees. or after March 20, 2003, unless it is submitted with a Responsible
(a) Each applicant shall pay a fee for obtaining a three year Person Questionnaire, ATF Form 5400.28. Form 5400.28 must be
license, a separate fee being required for each business premises, completed in accordance with the instructions on the form.
as follows: (b) Permits issued prior to May 24, 2003. Any person, except as
(1) Manufacturer-$200. provided in § 555.41(a), who intends to acquire explosive
(2) Importer-$200. materials from a licensee in a state other than the State in which
(3) Dealer-$200. that person resides, or from a foreign country, or who intends to
(b) Each applicant for a renewal of a license shall pay a fee for a transport explosive materials in interstate or foreign commerce,
three year license as follows: or who has not timely submitted application for renewal of a
(1) Manufacturer-$100. previous permit issued under this part, shall file an application
(2) Importer-$100. for Permit, Explosives, ATF F 5400.13/5400.16 or Permit, User
(3) Dealer-$100. Limited Special Fireworks, ATF F 5400.21 with ATF in accor-
dance with the instructions on the form. The application must be
[T.D. ATF–400, 63 FR 45002, Aug. 24, 1998]
executed under the penalties of perjury and the penalties imposed
§ 555.43 Permit fees. 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
(a) Each applicant must pay a fee for obtaining a permit as
payable to the Bureau of Alcohol, Tobacco and Firearms. ATF F
follows:
5400.13/5400.16 and ATF F 5400.21 may be obtained from any
(1) User-$100 for a three-year period.
ATF office. The Chief, Federal Explosives Licensing Center, will
(2) User-limited (nonrenewable)-$75.
not approve an application postmarked on or after March 20,
(3) Limited-$25 for a one-year period.
2003, unless it is submitted with a Responsible Person
(b) (1) Each applicant for renewal of a user permit must pay a Questionnaire, ATF Form 5400.28. Form 5400.28 must be
fee of $50 for a three-year period. completed in accordance with the instructions on the form.
(2) Each applicant for renewal of a limited permit must pay
(c) Licenses and permits issued on and after May 24, 2003—
a fee of $12 for a one-year period.
(1) License. Any person who intends to engage in the
[ATF No. 1, 68 FR 13785, Mar. 20, 2003]
business as an importer of, manufacturer of, or dealer in explo-
§ 555.44 License or permit fee not refundable. sive materials, or who has not timely submitted an application for
No refund of any part of the amount paid as a license or permit renewal of a previous license issued under this part, must file an
fee will be made where the operations of the licensee or permittee application for License, Explosives, ATF F 5400.13/5400.16, with
are, for any reason, discontinued during the period of an issued ATF in accordance with the instructions on the form. ATF Form
license or permit. However, the license or permit fee submitted 5400.13/5400.16 may be obtained by contacting any ATF office.
with an application for a license or permit will be refunded if that The application must:
application is denied, withdrawn, or abandoned, or if a license is (i) Be executed under the penalties of perjury and
cancelled subsequent to having been issued through administra- the penalties imposed by 18 U.S.C. 844(a);
tive error. (ii) Include appropriate identifying information
concerning each responsible person;
§ 555.45 Original license or permit. (iii) Include a photograph and fingerprints for each
(a) Licenses issued prior to May 24, 2003. Any person who responsible person;
intends to engage in business as an explosive materials importer, (iv) Include the names of and appropriate identifying
manufacturer, or dealer, or who has not timely submitted applica- information regarding all employees who will be authorized by
tion for renewal of a previous license issued under this part, shall the applicant to possess explosive materials by submitting ATF F
file with ATF an application for License, Explosives, ATF F 5400.28 for each employee; and
5400.13/5400.16 with ATF in accordance with the instructions on (v) Include the appropriate fee in the form of money
the form. The application must be executed under the penalties of order or check made payable to the Bureau of Alcohol, Tobacco,
perjury and the penalties imposed by 18 U.S.C. 844(a). The Firearms and Explosives.
application is to be accompanied by the appropriate fee in the (2) User permit and limited permit. Except as provided in
form of a money order or check made payable to the Bureau of § 555.41(b)(1)(iv), any person who intends to acquire explosive
Alcohol, Tobacco and Firearms. ATF F 5400.13/5400.16 may be materials in the State in which that person resides or acquire
obtained from any ATF office. The Chief, Federal Explosives explosive materials from a licensee or holder of a user permit in a
Licensing Center, will not approve an application postmarked on State other than the State in which that person resides, or from a

24
foreign country, or who intends to transport explosive materials in [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,
interstate or foreign commerce, or who has not timely submitted
63 FR 45002, Aug. 24, 1998]
an application for renewal of a previous permit issued under this
part, must file an application for Permit, Explosives, ATF F § 555.47 Insufficient fee.
5400.13/5400.16 or Permit, User Limited Display Fireworks, ATF If an application is filed with an insufficient fee, the applica-
F 5400.21 with ATF in accordance with the instructions on the tion and fee submitted will be returned to the applicant.
form. ATF Form 5400.13/5400.16 and ATF Form 5400.21 may be
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226))
obtained by contacting any ATF office. The application must:
[T.D. ATF–200, 50 FR 10498, Mar. 15, 1985]
(i) Be executed under the penalties of perjury and
the penalties imposed by 18 U.S.C. 844(a); § 555.48 Abandoned application.
(ii) Include a photograph, fingerprints, and appropri- Upon receipt of an incomplete or improperly executed applica-
ate identifying information for each responsible person; tion, the applicant will be notified of the deficiency in the
(iii) Include the names of and appropriate identifying application. If the application is not corrected and returned within
information regarding all employees who will be authorized by 30 days following the date of notification, the application will be
the applicant to possess explosive materials by submitting ATF F considered as having been abandoned and the license or permit
5400.28 for each employee; and fee returned.
(iv) Include the appropriate fee in the form of money
order or check made payable to the Bureau of Alcohol, Tobacco, § 555.49 Issuance of license or permit.
Firearms and Explosives. (a) Issuance of license or permit prior to May 24, 2003.
(3) The Federal Explosives Licensing Center, will conduct (1) The Chief, Federal Explosives Licensing Center, will
background checks on responsible persons and employees issue a license or permit if—
authorized by the applicant to possess explosive materials in (i) A properly executed application for the license
accordance with § 555.33. If it is determined that any responsible or permit is received; and
person or employee is described in any paragraph of section (ii) Through further inquiry or investigation, or
842(i) of the Act, the applicant must submit an amended applica- otherwise, it is found that the applicant is entitled to the license or
tion indicating removal or reassignment of that person before the permit.
license or permit will be issued. (2) The Chief, Federal Explosives Licensing Center, will
 (Approved by the Office of Management and Budget approve a properly executed application for a license or permit,
under control number 1140–0083) if:
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226)) (i) The applicant is 21 years of age or over;
[T.D. ATF–200, 50 FR 10497, Mar. 15, 1985, as amended by T.D. ATF–400, 63 FR (ii) The applicant (including, in the case of a
45002, Aug. 24, 1998; ATF No. 1, 68 FR 13785, Mar. 20, 2003] corporation, partnership, or association, any individual possess-
ing, directly or indirectly, the power to direct or cause the
§ 555.46 Renewal of license or permit. direction of the management and policies of the corporation,
(a) If a licensee or permittee intends to continue the business or partnership, or association) is not a person to whom distribution
operation described on a license or permit issued under this part of explosive materials is prohibited under the Act;
after the expiration date of the license or permit, he shall, unless (iii) The applicant has not willfully violated any
otherwise notified in writing by the Chief, Federal Explosives provisions of the Act or this part;
Licensing Center, execute and file prior to the expiration of (iv) The applicant has not knowingly withheld
his license or permit an application for license renewal, information or has not made any false or fictitious statement
ATF F 5400.14 (Part III), or an application for permit renewal, intended or likely to deceive, in connection with his application;
ATF F 5400.15 (Part III), accompanied by the required fee, with (v) The applicant has in a State, premises from
ATF in accordance with the instructions on the form. In the event which he conducts business or operations subject to license or
the licensee or permittee does not timely file a renewal applica- permit under the Act or from which he intends to conduct
tion, he shall file an original application as required by § 555.45, business or operations;
and obtain the required license or permit in order to continue (vi) The applicant has storage for the class (as
business or operations. described in § 555.202) of explosive materials described on the
(b) A user-limited permit is not renewable and is valid for a application, unless he establishes to the satisfaction of the Chief,
single purchase transaction. Applications for all user-limited Federal Explosives Licensing Center, that the business or
permits must be filed on ATF F 5400.13/5400.16 or ATF F operations to be conducted will not require the storage of
5400.21, as required by § 555.45. explosive materials;

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat. 1226))
25
 (vii) The applicant has certified in writing that he is (v) The applicant has storage for the class (as
familiar with and understands all published State laws and local described in § 555.202) of explosive materials described on the
ordinances relating to explosive materials for the location in application;
which he intends to do business; and (vi) The applicant has certified in writing that he is
(viii) The applicant for a license has submitted the familiar with and understands all published State laws and local
certificate required by section 21 of the Federal Water Pollution ordinances relating to explosive materials for the location in
Control Act, as amended (33 U.S.C. 1341). which he intends to do business;
(3) The Chief, Federal Explosives Licensing Center, will (vii) The applicant for a license has submitted the
approve or the Director, Industry Operations will deny any certificate required by section 21 of the Federal Water Pollution
application for a license or permit within the 45-day period Control Act, as amended (33 U.S.C. 1341);
beginning on the date a properly executed application was (viii) None of the employees of the applicant who will
received. However, when an applicant for license or permit be authorized by the applicant to possess explosive materials is a
renewal is a person who is, under the provisions of § 555.83 or person described in any paragraph of section 842(i) of the Act;
§ 555.142, conducting business or operations under a previously and
issued license or permit, action regarding the application will be (ix) In the case of an applicant for a limited permit,
held in abeyance pending the completion of the proceedings the applicant has certified in writing that the applicant will not
against the applicant's existing license or permit, or renewal receive explosive materials on more than 6 separate occasions
application, or final action by the Director on an application for during the 12-month period for which the limited permit is valid.
relief submitted under § 555.142, as the case may be. (3) The Chief, Federal Explosives Licensing Center, will
(4) The license or permit and one copy will be forwarded to approve or the Director, Industry Operations will deny any
the applicant, except that in the case of a user-limited permit, the application for a license or permit within the 90-day period
original only will be issued. beginning on the date a properly executed application was
(5) Each license or permit will bear a serial number and received. However, when an applicant for license or permit
this number may be assigned to the licensee or permittee to renewal is a person who is, under the provisions of § 555.83 or
whom issued for as long as he maintains continuity of renewal in § 555.142, conducting business or operations under a previously
the same region. issued license or permit, action regarding the application will be
(b) Issuance of license or permit on and after May 24, 2003. held in abeyance pending the completion of the proceedings
(1) The Chief, Federal Explosives Licensing Center, will against the applicant's existing license or permit, or renewal
issue a license or permit if: application, or final action by the Director on an application for
(i) A properly executed application for the license relief submitted under § 555.142, as the case may be.
or permit is received; and (4) The license or permit and one copy will be forwarded to
(ii) Through further inquiry or investigation, or the applicant, except that in the case of a user-limited permit, the
otherwise, it is found that the applicant is entitled to the license or original only will be issued.
permit. (5) Each license or permit will bear a serial number and this
(2) The Chief, Federal Explosives Licensing Center, will number may be assigned to the licensee or permittee to whom
approve a properly executed application for a license or permit, issued for as long as he maintains continuity of renewal in the
if: same region.
(i) The applicant (or, if the applicant is a corpora- (Approved by the Office of Management and Budget under
tion, partnership, or association, each responsible person with control number 1140–0082)
respect to the applicant) is not a person described in any para- [ATF No. 1, 68 FR 13785, Mar. 20, 2003]

graph of section 842(i) of the Act;

§ 555.50 Correction of error on license or permit.
(ii) The applicant has not willfully violated any
provisions of the Act or this part; (a) Upon receipt of a license or permit issued under this part,
(iii) The applicant has not knowingly withheld each licensee or permittee shall examine the license or permit to
information or has not made any false or fictitious statement insure that the information on it is accurate. If the license or
intended or likely to deceive, in connection with his application; permit is incorrect, the licensee or permittee shall return the
(iv) The applicant has in a State, premises from license or permit to the Chief, Federal Explosives Licensing
which he conducts business or operations subject to license or Center, with a statement showing the nature of the error. The
permit under the Act or from which he intends to conduct Chief, Federal Explosives Licensing Center, shall correct the
business or operations; 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, Federal Explosives Licensing Center, shall
26
require the licensee or permittee to file an amended application § 555.53 License and permit not transferable.
setting forth the correct information and a statement explaining Licenses and permits issued under this part are not transferable
the error contained in the application. Upon receipt of the to another person. In the event of the lease, sale, or other transfer
amended application and a satisfactory explanation of the error, of the business or operations covered by the license or permit, the
the Chief, Federal Explosives Licensing Center, shall make the successor must obtain the license or permit required by this part
correction on the license or permit and return it to the licensee or before commencing business or operations. However, for rules on
permittee. right of succession, see § 555.59.
(b) When the Chief, Federal Explosives Licensing Center, finds
§ 555.54 Change of address.
through any means other than notice from the licensee or permit-
tee that an incorrect license or permit has been issued, (1) the (a) During the term of a license or permit, a licensee or permit-
Chief, Federal Explosives Licensing Center, may require the tee may move his business or operations to a new address at
holder of the incorrect license or permit to return the license or which he intends to regularly carry on his business or operations,
permit for correction, and (2) if the error resulted from informa- without procuring a new license or permit. However, in every
tion contained in the licensee's or permittee's application for the case, the licensee or permittee shall—
license or permit, the Chief, Federal Explosives Licensing Center, (1) Give notification of the new location of the business or
shall require the licensee or permittee to file an amended applica- operations to the Chief, Federal Explosives Licensing Center at
tion setting forth the correct information, and a statement least 10 days before the move; and
satisfactorily explaining the error contained in the application. (2) Submit the license or permit to the Chief, Federal
The Chief, Federal Explosives Licensing Center, then shall make Explosives Licensing Center. The Chief, Federal Explosives
the correction on the license or permit and return it to the licensee Licensing Center will issue an amended license or permit, which
or permittee. will contain the new address (and new license or permit number,
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR if any).
53054, Dec. 27, 1989] (b) Licensees and permittees whose mailing address will change
must notify the Chief, Federal Explosives Licensing Center, at
§ 555.51 Duration of license or permit.
least 10 days before the change.
(a) Prior to May 24, 2003. An original license or permit is issued
 (Paragraph (b) approved by the Office of Management and
for a period of three years. A renewal license or permit is issued
Budget under control number 1140–0080)
for a period of three years. However, a user-limited permit is valid
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR
only for a single purchase transaction.
53054, Dec. 27, 1989; ATF No. 1, 68 FR 13786, Mar. 20, 2003]
(b) On and after May 24, 2003.
(1) An original license or user permit is issued for a period § 555.56 Change in trade name.
of three years. A renewal license or user permit is also issued for A licensee or permittee continuing to conduct business or
a period of three years. However, a user-limited permit is valid operations at the location shown on his license or permit is not
only for a single purchase transaction. required to obtain a new license or permit by reason of a mere
(2) A limited permit is issued for a period of one year. A change in trade name under which he conducts his business or
renewal limited permit is also issued for a period of one year. operations. However, the licensee or permittee shall furnish his
[ATF No. 1, 68 FR 13786, Mar. 20, 2003] license or permit and any copies furnished with the license or
permit for endorsement of the change to the Chief, Federal
§ 555.52 Limitations on license or permit. Explosives Licensing Center, within 30 days from the date the
(a) The license covers the business of explosive materials licensee or permittee begins his business or operations under the
specified in the license at the licensee's business premises (see new trade name.
§ 555.41(b)). [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR
53054, Dec. 27, 1989]
(b) The permit is valid with respect to the type of operations of
explosive materials specified in the permit. § 555.57 Change of control, change in responsible
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–387, 62 FR persons, and change of employees.
8376, Feb. 25, 1997; ATF 5F, 70 FR 30633, May 27, 2005]
(a) In the case of a corporation or association holding a license
or permit under this part, if actual or legal control of the corpora-
tion or association changes, directly or indirectly, whether by
reason of change in stock ownership or control (in the corpora-
tion 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
27
executed under the penalties of perjury, to the Chief, Federal permit for endorsement of the succession to the Chief, Federal
Explosives Licensing Center. Upon expiration of the license or Explosives Licensing Center, within 30 days from the date on
permit, the corporation or association shall file an ATF F which the successor begins to carry on the business or operations.
5400.13/5400.16 as required by § 555.45, and pay the fee [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR
prescribed in § 555.42(b) or § 555.43(b). 53054, Dec. 27, 1989]

(b) For all licenses or permits issued on and after May 24, 2003, § 555.60 Certain continuances of business or
each person holding the license or permit must report to the operations.
Chief, Federal Explosives Licensing Center, any change in A licensee or permittee who furnishes his license or permit to
responsible persons or employees authorized to possess explosive the Chief, Federal Explosives Licensing Center, for correction,
materials. Such report must be submitted within 30 days of the amendment, or endorsement, as provided in this subpart, may
change and must include appropriate identifying information for continue his business or operations while awaiting its return.
each responsible person. Reports relating to newly hired employ-
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR
ees authorized to possess explosive materials must be submitted 53054, Dec. 27, 1989]
on ATF F 5400.28 for each employee.
§ 555.61 Discontinuance of business or operations.
(c) Upon receipt of a report, the Chief, Federal Explosives
Where an explosive materials business or operations is either
Licensing Center, will conduct a background check, if appropri-
discontinued or succeeded by a new owner, the owner of the
ate, in accordance with § 555.33.
business or operations discontinued or succeeded shall, within 30
(d) The reports required by paragraph (b) of this section must be days, furnish notification of the discontinuance or succession and
retained as part of a licensee's or permittee's permanent records submit his license or permit and any copies furnished with the
for the period specified in § 555.121. license or permit to the Federal Explosives Licensing Center. (See
 (Approved by the Office of Management and Budget under also § 555.128.)
control number 1140–0074) [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–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR
53054, Dec. 27, 1989; ATF No. 1, 68 FR 13786, Mar. 20, 2003]
§ 555.62 State or other law.
§ 555.58 Continuing partnerships. A license or permit issued under this part confers no right or
Where, under the laws of the particular State, the partnership is privilege to conduct business or operations, including storage,
not terminated on death or insolvency of a partner, but continues contrary to State or other law. The holder of a license or permit
until the winding up of the partnership affairs is completed, and issued under this part is not, by reason of the rights and privileges
the surviving partner has the exclusive right to the control and granted by that license or permit, immune from punishment for
possession of the partnership assets for the purpose of liquidation conducting an explosive materials business or operations in
and settlement, the surviving partner may continue to conduct the violation of the provisions of any State or other law. Similarly,
business or operations under the license or permit of the partner- compliance with the provisions of any State or other law affords
ship. If the surviving partner acquires the business or operations no immunity under Federal law or regulations.
on completion of settlement of the partnership, he shall obtain a
license or permit in his own name from the date of acquisition, as
§ 555.63 Explosives magazine changes.
provided in § 555.45. The rule set forth in this section will also (a) General.
apply where there is more than one surviving partner. (1) The requirements of this section are applicable to
magazines used for other than temporary (under 24 hours) storage
§ 555.59 Right of succession by certain persons. of explosives.
(a) Certain persons other than the licensee or permittee may (2) A magazine is considered suitable for the storage of
secure the right to carry on the same explosive materials business explosives if the construction requirements of this part are met
or operations at the same business premises for the remainder of during the time explosives are stored in the magazine.
the term of license or permit. These persons are: (3) A magazine is considered suitable for the storage of
(1) The surviving spouse or child, or executor, administra- explosives if positioned in accordance with the applicable table of
tor, or other legal representative of a deceased licensee or distances as specified in this part during the time explosives are
permittee; and stored in the magazine.
(2) A receiver or trustee in bankruptcy, or an assignee for (4) For the purposes of this section, notification of the
benefit of creditors. Director, Industry Operations may be by telephone or in writing.
However, if notification of the Director, Industry Operations is in
(b) In order to secure the right of succession, the person or
writing it must be at least three business days in advance of
persons continuing the business or operations shall submit the
making changes in construction to an existing magazine or
license or permit and all copies furnished with the license or
28
constructing a new magazine, and at least five business days in (d) Magazines acquired or constructed after permit or
advance of using any reconstructed magazine or added magazine license is issued. A licensee or permittee who intends to
for the storage of explosives. construct or acquire additional magazines shall notify the
(b) Exception. Mobile or portable type 5 magazines are exempt Director, Industry Operations in accordance with paragraph (a)(4)
from the requirements of paragraphs (c) and (d) of this section, of this section describing the additional magazines and the class
but must otherwise be in compliance with paragraphs (a)(2) and and quantity of explosives to be stored in the magazine. Unless
(3) of this section during the time explosives are stored in such otherwise advised by the Director, Industry Operations, addi-
magazines. tional magazines may be constructed, or acquired magazines may
be used for the storage of explosives. Explosives must not be
(c) Changes in magazine construction. A licensee or permittee stored in a magazine under construction. The Director, Industry
who intends to make changes in construction of an existing Operations must be notified that construction has been
magazine shall notify the Director, Industry Operations describ- completed.
ing the proposed changes prior to making any changes. Unless
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–400, 63 FR
otherwise advised by the Director, Industry Operations, changes 45002, Aug. 24, 1998]
in construction may commence after explosives are removed from
the magazine. Explosives may not be stored in a reconstructed
magazine before the Director, Industry Operations has been
notified in accordance with paragraph (a)(4) of this section that
the changes have been completed.

Subpart E—License and Permit Proceedings

§ 555.71 Opportunity for compliance. request for a hearing is filed within that time, a copy of the
Except in cases of willfulness or those in which the public application, marked “Disapproved”, will be returned to the
interest requires otherwise, and the Director, Industry applicant.
Operations so alleges in the notice of denial of an application or
revocation of a license or permit, no license or permit will be § 555.73 Hearing after initial application is denied.
revoked or renewal application denied without first calling to If the applicant for an original license or permit desires a
the attention of the licensee or permittee the reasons for the hearing, he shall file a request with the Director, Industry
contemplated action and affording him an opportunity to Operations within 15 days after receipt of the notice of denial.
demonstrate or achieve compliance with all lawful requirements The request should include a statement of the reasons for a
and to submit facts, arguments, or proposals of adjustment. The hearing. On receipt of the request, the Director, Industry
notice of contemplated action, ATF F 5400.12, will afford the Operations shall refer the matter to an administrative law judge
licensee or permittee 15 days from the date of receipt of the who shall set a time and place (see § 555.77) for a hearing and
notice to respond. If no response is received within the 15 days, shall serve notice of the hearing upon the applicant and the
or if after consideration of relevant matters presented by the Director, Industry Operations at least 10 days in advance of the
licensee or permittee, the Director, Industry Operations finds hearing date. The hearing will be conducted in accordance with
that the licensee or permittee is not likely to abide by the law the hearing procedures prescribed in part 71 of this chapter (see
and regulations, he will proceed as provided in § 555.74. § 555.82). Within a reasonable time after the conclusion of the
hearing, and as expeditiously as possible, the administrative law
[T.D. ATF–87, 46 FR 40384, Aug. 7 1981, as amended by T.D. ATF–446, 66 FR
16602, Mar. 27, 2001] judge shall render his recommended decision. He shall certify to
the complete record of the proceedings before him and shall
§ 555.72 Denial of initial application. immediately forward the complete certified record, together
Whenever the Director, Industry Operations has reason to with four copies of his recommended decision, to the Director,
believe that an applicant for an original license or permit is not Industry Operations for decision.
eligible to receive a license or permit under the provisions of
§ 555.49, he shall issue a notice of denial on ATF F 5400.11. § 555.74 Denial of renewal application or
The notice will set forth the matters of fact and law relied upon revocation of license or permit.
in determining that the application should be denied, and will If following the opportunity for compliance under § 555.71, or
afford the applicant 15 days from the date of receipt of the without opportunity for compliance under § 555.71, as circum-
notice in which to request a hearing to review the denial. If no stances warrant, the Director, Industry Operations finds that the
licensee or permittee is not likely to comply with the law or
regulations or is otherwise not eligible to continue operations

29
authorized under his license or permit, the Director, Industry record, his reasons. If he contemplates that the denial should
Operations shall issue a notice of denial of the renewal applica- stand, he shall serve a copy of the administrative law judge's
tion or revocation of the license or permit, ATF F 5400.11 or ATF recommended decision on the applicant, informing the applicant
F 5400.10, as appropriate. In either case, the notice will set forth of his contemplated action and affording the applicant not more
the matters of fact constituting the violations specified, dates, than 10 days in which to submit proposed findings and conclu-
places, and the sections of law and regulations violated. The sions or exceptions to the recommended decision with supporting
notice will, in the case of revocation of a license or permit, reasons. If the Director, Industry Operations, after consideration
specify the date on which the action is effective, which date will of the record of the hearing and of any proposed findings,
be on or after the date the notice is served on the licensee or conclusions, or exceptions filed with him by the applicant,
permittee. The notice will also advise the licensee or permittee approves the findings, conclusions and recommended decision of
that he may, within 15 days after receipt of the notice, request a the administrative law judge, the Director, Industry Operations
hearing and, if applicable, a stay of the effective date of the shall cause the license or permit to be issued or disapproved the
revocation of his license or permit. application accordingly. If he disapproves the findings, conclu-
sions, and recommendation of the administrative law judge, in
§ 555.75 Hearing after denial of renewal whole or in part, he shall by order make such findings and
application or revocation of license or permit. conclusions as in his opinion are warranted by the law and the
If a licensee or permittee whose renewal application has been facts in the record. Any decision of the Director, Industry
denied or whose license or permit has been revoked desires a Operations ordering the disapproval of an initial application for a
hearing, he shall file a request for a hearing with the Director, license or permit shall state the findings and conclusions upon
Industry Operations. In the case of the revocation of a license or which it is based, including his ruling upon each proposed
permit, he may include a request for a stay of the effective date of finding, conclusion, and exception to the administrative law
the revocation. On receipt of the request the Director, Industry judge's recommended decision, together with a statement of his
Operations shall advise the licensee or permittee whether the stay findings and conclusions, and reasons or basis for his findings
of the effective date of the revocation is granted. If the stay of the and conclusions, upon all material issues of fact, law or discretion
effective date of the revocation is granted, the Director, Industry presented on the record. A signed duplicate original of the
Operations shall refer the matter to an administrative law judge decision will be served upon the applicant and the original copy
who shall set a time and place (see § 555.77) for a hearing and containing certificate of service will be placed in the official
shall serve notice of the hearing upon the licensee or permittee record of the proceedings. If the decision of the Director, Industry
and the Director, Industry Operations at least 10 days in advance Operations is in favor of the applicant, he shall issue the license or
of the hearing date. If the stay of the effective date of the revoca- permit, to be effective on issuance.
tion is denied, the licensee or permittee may request an immedi-
(b) Renewal application and revocation proceedings. Upon
ate hearing. In this event, the Director, Industry Operations shall
receipt of the complete certified records of the hearing, the
immediately refer the matter to an administrative law judge who
Director, Industry Operations shall enter an order confirming the
shall set a date and place for a hearing, which date shall be no
revocation of the license or permit, or disapproving the applica-
later than 10 days from the date the licensee or permittee
tion, in accordance with the administrative law judge's findings
requested an immediate hearing. The hearing will be held in
and decision, unless he disagrees with the findings and decision.
accordance with the applicable provisions of part 71 of this
A signed duplicate original of the order, ATF F 5400.9, will be
chapter. Within a reasonable time after the conclusion of the
served upon the licensee or permittee and the original copy
hearing, and as expeditiously as possible, the administrative law
containing certificate of service will be placed in the official
judge shall render his decision. He shall certify to the complete
record of the proceedings. If the Director, Industry Operations
record of the proceeding before him and shall immediately
disagrees with the findings and decision of the administrative law
forward the complete certified record, together with two copies of
judge, he shall file a petition with the Director for review of the
his decision, to the Director, Industry Operations, serve one copy
findings and decision, as provided in § 555.79. In either case, if
of his decision on the licensee or permittee or his counsel, and
the renewal application denial is sustained, a copy of the applica-
transmit a copy to the attorney for the Government.
tion marked “Disapproved” will be returned to the applicant. If
§ 555.76 Action by Director, Industry Operations. the renewal application denial is reversed, a license or permit will
be issued to become effective on expiration of the license or
(a) Initial application proceedings. If, upon receipt of the record
permit being renewed, or on the date of issuance, whichever is
and the recommended decision of the administrative law judge,
later. If the proceedings involve the revocation of a license or
the Director, Industry Operations decides that the license or
permit which expired before a decision is in favor of the licensee
permit should be issued, the Director, Industry Operations shall
or permittee, the Director, Industry Operations shall:
cause the application to be approved, briefly stating, for the

30
 (1) If renewal application was timely filed and a stay of the decision or an order. The petition will set forth facts tending to
effective date of the revocation was granted, cause to be issued a show (a) action of an arbitrary nature, (b) action without reason-
license or permit effective on the date of issuance; able warrant in fact, or (c) action contrary to law and regulations.
(2) If renewal application was not timely filed but a stay of A copy of the petition will be filed with the Director, Industry
the effective date of the revocation had been granted, request that Operations or served on the applicant, licensee, or permittee, as
a renewal application be filed and, following that, cause to be the case may be. In the event of appeal, the Director, Industry
issued a license or permit to be effective on issuance; or Operations shall immediately forward the complete original
(3) If a stay of the effective date of the revocation had not record, by certified mail, to the Director for his consideration,
been granted, request that an application be filed as provided in review, and disposition as provided in subpart I of part 71 of this
§ 555.45, and process it in the same manner as for an application chapter. When, on appeal, the Director affirms the initial decision
for an original license or permit. of the Director, Industry Operations or the administrative law
(c) Curtailment of stay of revocation effective date. If, after judge, as the case may be, the initial decision will be final.
approval of a request for a stay of the effective date of an order § 555.80 Court review.
revoking a license or permit but before actions are completed An applicant, licensee, or permittee may, within 60 days after
under this subpart, the Director, Industry Operations finds that it receipt of the decision of the administrative law judge or the final
is contrary to the public interest for the licensee or permittee to order of the Director, Industry Operations or the Director, file a
continue the operations or activities covered by his license or petition for a judicial review of the decision, with the U.S. Court
permit, the Director, Industry Operations may issue a notice of of Appeals for the district in which he resides or has his principal
withdrawal of the approval, effective on the date of issuance. place of business. The Director, upon notification that a petition
Notice of withdrawal will be served upon the licensee or permit- has been filed, shall have prepared a complete transcript of the
tee in the manner provided in § 555.81. record of the proceedings. The Director, Industry Operations or
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR the Director, as the case may be, shall certify to the correctness
53054, Dec. 27, 1989]
of the transcript of the record, forward one copy to the attorney
§ 555.77 Designated place of hearing. for the Government in the review of the case, and file the original
The designated place of hearing set as provided in § 555.73 or record of the proceedings with the original certificate in the U.S.
§ 555.75, will be at the location convenient to the aggrieved party. Court of Appeals.

§ 555.78 Representation at a hearing. § 555.81 Service on applicant, licensee, or

An applicant, licensee, or permittee may be represented by an permittee.
attorney, certified public accountant, or other person recognized All notices and other formal documents required to be served
to practice before the Bureau of Alcohol, Tobacco, Firearms and on an applicant, licensee, or permittee under this subpart will be
Explosives as provided in 31 CFR Part 8, if he has otherwise served by certified mail or by personal delivery. Where service is
complied with the applicable requirements of 26 CFR 601.521 by personal delivery, the signed duplicate original copy of the
through 601.527. The Director, Industry Operations shall be formal document will be delivered to the applicant, licensee, or
represented in proceedings under § § 555.73 and 555.75 by an permittee, or, in the case of a corporation, partnership, or associa-
attorney in the office of the chief counsel or regional counsel tion, by delivering it to an officer, manager, or general agent, or
who is authorized to execute and file motions, briefs, and other to its attorney of record.
papers in the proceedings, on behalf of the Director, Industry
Operations, in his own name as “Attorney for the Government”.
§ 555.82 Provisions of part 200 made applicable.
The provisions of subpart G of part 200 of this chapter, as well
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–92, 46 FR
46916, Sept. 23, 1981] as those provisions of part 71 relative to failure to appear,
withdrawal of an application or surrender of a permit, the
§ 555.79 Appeal on petition to the Director. conduct of hearings before an administrative law judge, and
An appeal to the Director is not required prior to filing an record of testimony, are hereby made applicable to application,
appeal with the U.S. Court of Appeals for judicial review. An license, and permit proceedings under this subpart to the extent
appeal may be taken by the applicant, licensee, or permittee to that they are not contrary to or incompatible with this subpart.
the Director from a decision resulting from a hearing under
§ 555.73 or § 555.75. An appeal may also be taken by a Director,
Industry Operations from a decision resulting from a hearing
under § 555.75 as provided in § 555.76(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

31
§ 555.83 Operations by licensees or permittees permit unless, or until, formally notified to the contrary:
after notice of denial or revocation. Provided, that in the event the license or permit would have
In any case where a notice of revocation has been issued and a expired before proceedings under this subpart are completed,
request for a stay of the effective date of the revocation has not timely renewal application must have been filed to continue the
been granted, the licensee or permittee shall not engage in the license or permit beyond its expiration date. In any case where a
activities covered by the license or permit pending the outcome of notice of denial of a renewal application has been issued, the
proceedings under this subpart. In any case where notice of licensee or permittee may continue to engage in the activities
revocation has been issued but a stay of the effective date of the covered by the existing license or permit after the date of expira-
revocation has been granted, the licensee or permittee may tion of the license or permit until proceedings under this subpart
continue to engage in the activities covered by his license or are completed.

Subpart F—Conduct of Business or Operations

§ 555.101 Posting of license or user permit. (i) A licensed importer, licensed manufacturer or
A license or user permit issued under this part, or a copy of a licensed dealer selling or otherwise distributing explosive
license or user permit, will be posted and available for inspec- materials (or a permittee disposing of surplus stock to a licensee
tion on the business premises at each place where explosive or another permittee) who has the certified information required
materials are manufactured, imported, or distributed. by this section may sell or distribute explosive materials to a
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981. Redesignated by T.D. ATF–487, 68 licensee or permittee for not more than 45 days following the
FR 3748, Jan. 24, 2003. ATF No. 1, 68 FR 13786, Mar. 20, 2003] expiration date of the distributee's license or permit, unless the
distributor knows or has reason to believe that the distributee's
§ 555.102 Authorized operations by permittees. authority to continue business or operations under this part has
(a) In general. A permit issued under this part does not been terminated.
authorize the permittee to engage in the business of manufactur- (ii) A licensed importer, licensed manufacturer or
ing, importing, or dealing in explosive materials. Accordingly, if licensed dealer selling or otherwise distributing explosive
a permittee's operations bring him within the definition of materials (or a permittee disposing of surplus stock to another
manufacturer, importer, or dealer under this part, he shall licensee or permittee) must verify the license or permit status of
qualify for the appropriate license. the distributee prior to the release of explosive materials
(b) Distributions of surplus stocks— ordered, as required by this section.
(1) Distributions of surplus stocks prior to May 24, 2003. (iii) Licensees or permittees desiring to return
Permittees are not authorized to engage in the business of sale explosive materials to a licensed manufacturer may do so
or distribution of explosive materials. However, permittees may without obtaining a certified copy of the manufacturer's license.
dispose of surplus stocks of explosive materials to other (iv) Where possession of explosive materials is
licensees or permittees in accordance with § 555.103, and to transferred at the distributor's premises, the distributor must in
nonlicensees or to nonpermittees in accordance with all instances verify the identity of the person accepting posses-
§ 555.105(a)(4). sion on behalf of the distributee before relinquishing possession.
(2) Distributions of surplus stocks on and after May 24, Before the delivery at the distributor's premises of explosive
2003. Permittees are not authorized to engage in the business of materials to an employee of a licensee or permittee, or to an
sale or distribution of explosive materials. However, permittees employee of a common or contract carrier transporting explo-
may dispose of surplus stocks of explosive materials to other sive materials to a licensee or permittee, the distributor deliver-
licensees or permittees in accordance with § 555.103 and ing explosive materials must obtain an executed ATF F 5400.8,
§ 555.105. Explosives Delivery Record, from the employee before releasing
[T.D. ATF–400, 63 FR 45002, Aug. 24, 1998, as amended by ATF No. 1, 68 FR the explosive materials. The ATF F 5400.8 must contain all of
13787, Mar. 20, 2003] the information required on the form and required by this part.

§ 555.103 Transactions among licensees/ Example 1. An ATF F 5400.8 is required when:

permittees and transactions among licensees a. An employee of the purchaser takes possession at
and holders of user permits. the distributor's premises.
(a) Transactions among licensees/permittees prior to May 24, b. An employee of a common or contract carrier hired
2003— by the purchaser takes possession at the distributor's
(1) General. premises.

32
 Example 2. An ATF F 5400.8 is not required when: (iv) The licensee or permittee purchasing explosive
materials must revise the furnished copy of the certified state-
a. An employee of the distributor takes possession of
the explosives for the purpose of transport to the
ment only when the information is no longer current.
purchaser. (5) User-limited permit transactions. A user-limited permit
issued under the provisions of this part is valid for only a single
b. An employee of a common or contract carrier hired purchase transaction and is not renewable (see § 555.51).
by the distributor takes possession of the explosives for
Accordingly, at the time a user-limited permittee orders explosive
the purpose of transport to the purchaser.
materials, the licensed distributor must write on the front of the
(2) License/permit verification of individuals.
user-limited permit the transaction date, his signature, and the
(i) The distributee must furnish a certified copy (or,
distributor's license number prior to returning the permit to the
in the case of a user-limited, the original) of the license or permit.
user-limited permittee.
The certified copy need be furnished only once during the current
term of the license or permit. Also, a licensee need not furnish (b) Transactions among licensees/permittees on and after May
certified copies of licenses to other licensed locations operated by 24, 2003—
such licensee. (1) General.
(ii) The distributor may obtain any additional (i) A licensed importer, licensed manufacturer or
verification as the distributor deems necessary. licensed dealer selling or otherwise distributing explosive
(3) License/permit verification of business materials (or a holder of a user permit disposing of surplus stock
organizations. to a licensee; a holder of a user permit; or a holder of a limited
(i) A business organization may (in lieu of furnish- permit who is within the same State as the distributor) who has
ing a certified copy of a license) furnish the distributor a certified the certified information required by this section may sell or
list which contains the name, address, license number and date of distribute explosive materials to a licensee or permittee for not
license expiration of each licensed location. The certified list more than 45 days following the expiration date of the distribu-
need be furnished only once during the current term of the license tee's license or permit, unless the distributor knows or has reason
or permit. Also, a business organization need not furnish a to believe that the distributee's authority to continue business or
certified list to other licensed locations operated by such business operations under this part has been terminated.
organization. (ii) A licensed importer, licensed manufacturer or
(ii) A business organization must, prior to ordering licensed dealer selling or otherwise distributing explosive
explosive materials, furnish the licensee or permittee a current materials (or a holder of a user permit disposing of surplus stock
certified list of the representatives or agents authorized to order to another licensee or permittee) must verify the license or permit
explosive materials on behalf of the business organization status of the distributee prior to the release of explosive materials
showing the name, address, and date and place of birth of each ordered, as required by this section.
representative or agent. A licensee or permittee may not distribute (iii) Licensees or permittees desiring to return
explosive materials to a business organization on the order of a explosive materials to a licensed manufacturer may do so without
person who does not appear on the certified list of representatives obtaining a certified copy of the manufacturer's license.
or agents and, if the person does appear on the certified list, the (2) Verification of license/user permit.
licensee or permittee must verify the identity of such person. (i) Prior to or with the first order of explosive
(4) Licensee/permittee certified statement. materials, the distributee must provide the distributor a certified
(i) A licensee or permittee ordering explosive copy (or, in the case of a user-limited, the original) of the
materials from another licensee or permittee must furnish a distributee's license or user permit. However, licensees or holders
current, certified statement of the intended use of the explosive of user permits that are business organizations may (in lieu of a
materials, e.g., resale, mining, quarrying, agriculture, construc- certified copy of a license or user permit) provide the distributor
tion, sport rocketry, road building, oil well drilling, seismographic with a certified list that contains the name, address, license or
research, to the distributor. user permit number, and date of the license or user permit
(ii) For individuals, the certified statement of expiration of each location.
intended use must specify the name, address, date and place of (ii) The distributee must also provide the distributor
birth, and social security number of the distributee. with a current list of the names of persons authorized to accept
(iii) For business organizations, the certified state- delivery of explosive materials on behalf of the distributee. The
ment of intended use must specify the taxpayer identification distributee ordering explosive materials must keep the list current
number, the identity and the principal and local places of busi- and provide updated lists to licensees and holders of user permits
ness. on a timely basis. A distributor may not transfer possession of
explosive materials to any person whose name does not appear on
the current list of names of persons authorized to accept delivery

33
of explosive materials on behalf of the distributee. Except as § 555.104 Certified copy of license or permit.
provided in paragraph (b)(3) of this section, in all instances the Except as provided in § 555.49(a), each person issued a license
distributor must verify the identity of the distributee, or the or permit under this part shall be furnished together with his
employee of the distributee accepting possession of explosive license or permit a copy for his certification. If a person desires
materials on behalf of the distributee, by examining an identifica- an additional copy of his license or permit for certification and
tion document (as defined in § 555.11) before relinquishing for use under § 555.103, he shall:
possession. (a) Make a reproduction of the copy of his license or permit and
(iii) A licensee or holder of a user permit ordering execute the certification on it;
explosive materials from another licensee or permittee must
provide to the distributor a current, certified statement of the (b) Make a reproduction of his license or permit, enter on the
intended use of the explosive materials, e.g., resale, mining, reproduction the statement: “I certify that this is a true copy of a
quarrying, agriculture, construction, sport rocketry, road building, (insert the word license or permit) issued to me to engage in the
oil well drilling, seismographic research, etc. specified business or operations”, and sign his name next to the
(A) For individuals, the certified statement of statement; or
intended use must specify the name, address, date and place of (c) Submit a request, in writing, for certified copies of his
birth, and social security number of the distributee. license or permit to the Chief, Federal Explosives Licensing
(B) For business organizations, the certified Center. The request will show the name, trade name (if any), and
statement of intended use must specify the taxpayer identification address of the licensee or permittee and the number of copies of
number, the identity and the principal and local places of busi- the license or permit desired. There is a fee of $1 for each copy of
ness. a license or permit issued by the Chief, Federal Explosives
(C) The licensee or holder of a user permit Licensing Center under this paragraph. Fee payment must
purchasing explosive materials must revise the furnished copy of accompany each request for additional copies of a license or
the certified statement only when the information is no longer permit. The fee must be paid by (1) cash, or (2) money order or
current. check made payable to the Bureau of Alcohol, Tobacco, Firearms
(3) Delivery of explosive materials by common or and Explosives.
contract carrier. When a common or contract carrier will [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–290, 54 FR
transport explosive materials from a distributor to a distributee 53054, Dec. 27, 1989]
who is a licensee or holder of a user permit, the distributor must
§ 555.105 Distributions to nonlicensees,
take the following actions before relinquishing possession of the
explosive materials:
nonpermittees, and limited permittees.
(i) Verify the identity of the person accepting (a) Distributions to nonlicensees and nonpermittees prior to
possession for the common or contract carrier by examining such May 24, 2003.
person's valid, unexpired driver's license issued by any State, (1) This section will apply in any case where distribution of
Canada, or Mexico; and explosive materials to the distributee is not otherwise prohibited
(ii) Record the name of the common or contract by the Act or this part.
carrier (i.e., the name of the driver's employer) and the full name (2) Except as provided in paragraph (a)(3) of this section, a
of the driver. This information must be maintained in the distribu- licensed importer, licensed manufacturer, or licensed dealer may
tor's permanent records in accordance with § 555.121. distribute explosive materials to a nonlicensee or nonpermittee if
(4) User-limited permit transactions. A user-limited the nonlicensee or nonpermittee is a resident of the same State in
permit issued under the provisions of this part is valid for only a which the licensee's business premises are located, and the
single purchase transaction and is not renewable (see § 555.51). nonlicensee or nonpermittee furnishes to the licensee the explo-
Accordingly, at the time a user-limited permittee orders explosive sives transaction record, ATF F 5400.4, required by § 555.126.
materials, the licensed distributor must write on the front of the Disposition of ATF F 5400.4 will be made in accordance with
user-limited permit the transaction date, his signature, and the § 555.126.
distributor's license number prior to returning the permit to the (3) A licensed importer, licensed manufacturer, or licensed
user-limited permittee. dealer may sell or distribute explosive materials to a resident of a
(Approved by the Office of Management and Budget under State contiguous to the State in which the licensee's place of
control number 1140–0079) business is located if the purchaser's State of residence has
[ATF No. 1, 68 FR 13787, Mar. 20, 2003, as amended by ATF No. 2, 68 FR enacted legislation, currently in force, specifically authorizing a
53512, Sept. 11, 2003] resident of that State to purchase explosive materials in a contigu-
ous State and the purchaser and the licensee have, prior to the
distribution of the explosive materials, complied with all the

34
requirements of paragraphs (a)(2), (a)(5), and (a)(6) of this limited permit presents in person or by mail ATF Form 5400.4,
section applicable to intrastate transactions occurring on the Limited Permittee Transaction Report (LPTR), and the licensee
licensee's business premises. completes Form 5400.4 in accordance with § 555.126(b). In no
(4) A permittee may dispose of surplus stocks of explosive event will a licensee distribute explosive materials to a holder of a
materials to a nonlicensee or nonpermittee if the nonlicensee or limited permit unless the holder presents a Form 5400.4 with an
nonpermittee is a resident of the same State in which the permit- original unaltered and unexpired Intrastate Purchase of Explosives
tee's business premises or operations are located, or is a resident Coupon (IPEC), ATF Form 5400.30, affixed. The coupon must
of a State contiguous to the State in which the permittee's place of bear the name, address, permit number, and the coupon number
business or operations are located, and if the requirements of of the limited permittee seeking distribution of the explosives.
paragraphs (a)(2), (a)(3), (a)(5), and (a)(6) of this section are fully (3) A holder of a limited permit is authorized to receive
met. explosive materials from a licensee or permittee whose premises
(5) A licensed importer, licensed manufacturer, or licensed are located in the same State of residence in which the premises
dealer selling or otherwise distributing explosive materials to a of the holder of the limited permit are located on no more than 6
business entity must verify the identity of the representative or separate occasions during the one-year period of the permit. For
agent of the business entity who is authorized to order explosive purposes of this section, the term “6 separate occasions” means
materials on behalf of the business entity. Each business entity six deliveries of explosive materials. Each delivery must—
ordering explosive materials must furnish the distributing licensee (i) Relate to a single purchase transaction made on
prior to or with the first order of explosive materials a current one ATF F 5400.4;
certified list of the names of representatives or agents authorized (ii) Be referenced on one commercial invoice or
to order explosive materials on behalf of the business entity. The purchase order; and
business entity ordering explosive materials is responsible for (iii) Be delivered to the holder of the limited permit in
keeping the certified list current. A licensee may not distribute one shipment delivered at the same time.
explosive materials to a business entity on the order of a person (4) A holder of a user permit may dispose of surplus stocks
whose name does not appear on the certified list. of explosive materials to a licensee or holder of a user permit, or a
(6) Where the possession of explosive materials is trans- holder of a limited permit who is a resident of the same State in
ferred at the distributor's premises, the distributor must in all which the premises of the holder of the user permit are located. A
instances verify the identity of the person accepting possession on holder of a limited permit may dispose of surplus stocks of
behalf of the distributee before relinquishing possession. Before explosive materials to another holder of a limited permit who is a
the delivery at the distributor's premises of explosive materials to resident of the same State in which the premises of the distributor
an employee of a nonlicensee or nonpermittee, or to an employee are located, if the transaction complies with the requirements of
of a common or contract carrier transporting explosive materials paragraph (b)(2) of this section and § 555.126(b). A holder of a
to a nonlicensee or nonpermittee, the distributor delivering limited permit may also dispose of surplus stocks of explosive
explosive materials must obtain an executed ATF F 5400.8 from materials to a licensee or holder of a user permit if the disposition
the employee before releasing the explosive materials. The ATF F occurs in the State of residence of the holder of the limited
5400.8 must contain all of the information required on the form permit. (See § 555.103.)
and by this part. (See examples in § 555.103(a)). (5) Each holder of a limited permit ordering explosive
(7) A licensee or permittee disposing of surplus stock may materials must furnish the distributing licensee prior to or with
sell or distribute commercially manufactured black powder in the first order of the explosive materials a current list of the
quantities of 50 pounds or less to a nonlicensee or nonpermittee if names of employees authorized to accept delivery of explosive
the black powder is intended to be used solely for sporting, materials on behalf of the limited permittee. The distributee
recreational, or cultural purposes in antique firearms as defined ordering explosive materials must keep the list current and
in 18 U.S.C. 921(a)(16), or in antique devices as exempted from provide updated lists to licensees and holders of user permits on a
the term “destructive device” in 18 U.S.C. 921(a)(4). timely basis. A licensed importer, licensed manufacturer, licensed
(b) Distributions to holders of limited permits on and after dealer, or permittee, selling or otherwise distributing explosive
May 24, 2003. materials to a holder of a limited permit must, prior to delivering
(1) This section will apply in any case where distribution of the explosive materials, obtain from the limited permittee a
explosive materials to the distributee is not otherwise prohibited current list of persons who are authorized to accept deliveries of
by the Act or this part. explosive materials on behalf of the limited permittee. A licensee
(2) A licensed importer, licensed manufacturer or a licensed or permittee may not deliver explosive materials to a person
dealer may distribute explosive materials to a holder of a limited whose name does not appear on the list.
permit if such permittee is a resident of the same State in which (6) (i) Delivery at the distributor's premises. Where
the licensee's business premises are located, the holder of the possession of explosive materials is transferred directly to the
distributee at the distributor's premises, the distributor must
35
obtain an executed Form 5400.4 in accordance with § 555.126(b) (1) Verify the identity of the person
and must in all instances verify the identity of the person accept- accepting possession for the common or contract carrier by
ing possession on behalf of the distributee by examining an examining such person's valid, unexpired driver's license issued
identification document (as defined in § 555.11) before relin- by any State, Canada, or Mexico; and
quishing possession. (2) Record the name of the common or
(ii) Delivery by distributor. Where possession of contract carrier (i.e., the name of the driver's employer) and the
explosive materials is transferred by the distributor to the full name of the driver. This information must be maintained in
distributee away from the distributor's premises, the distributor the distributor's permanent records in accordance with § 555.121.
must obtain an executed Form 5400.4 in accordance with (7) A licensee or permittee disposing of surplus stock may
§ 555.126(b) and must in all instances verify the identity of the sell or distribute commercially manufactured black powder in
person accepting possession on behalf of the distributee by quantities of 50 pounds or less to a holder of a limited permit,
examining an identification document (as defined in § 555.11) nonlicensee, or nonpermittee if the black powder is intended to be
before relinquishing possession. used solely for sporting, recreational, or cultural purposes in
(iii) Delivery by common or contract carrier hired by antique firearms as defined in 18 U.S.C. 921(a)(16), or in antique
the distributor. Where a common or contract carrier hired by the devices as exempted from the term “destructive device” in 18 U.
distributor will transport explosive materials from the distributor S.C. 921(a)(4).
to a holder of a limited permit: (Approved by the Office of Management and Budget under
(A) The limited permittee must, prior to delivery control number 1140–0075)
of the explosive materials, complete the appropriate section on [ATF No. 1, 68 FR 13788, Mar. 20, 2003, as amended by ATF No. 2, 68 FR
Form 5400.4, affix to the Form 5400.4 one of the six IPECs he 53513, Sept. 11, 2003]
has been issued, and provide the form to the distributor in person
§ 555.106 Certain prohibited distributions.
or by mail.
(B) The distributor must, before relinquishing (a) A licensee or permittee may not distribute explosive materi-
possession of the explosive materials to the common or contract als to any person except—
carrier: (1) A licensee;
(1) Verify the identity of the person (2) A holder of a user permit; or
accepting possession for the common or contract carrier by (3) A holder of a limited permit who is a resident of the
examining such person's valid, unexpired driver's license issued State where distribution is made and in which the premises of the
by any State, Canada, or Mexico; and transferor are located.
(2) Record the name of the common or (b) A licensee shall not distribute any explosive materials to any
contract carrier (i.e., the name of the driver's employer) and the person:
full name of the driver. This information must be maintained in (1) Who the licensee knows is less than 21 years of age;
the distributor's permanent records in accordance with § 555.121. (2) In any State where the purchase, possession, or use by a
(C) At the time of delivery of the explosive person of explosive materials would be in violation of any State
materials, the common or contract carrier, as agent for the law or any published ordinance applicable at the place of distribu-
distributor, must verify the identity of the person accepting tion;
delivery on behalf of the distributee, note the type and number of (3) Who the licensee has reason to believe intends to
the identification document (as defined in § 555.11) and provide transport the explosive materials into a State where the purchase,
this information to the distributor. The distributor must enter this possession, or use of explosive materials is prohibited or which
information in the appropriate section on Form 5400.4. does not permit its residents to transport or ship explosive
(iv) Delivery by common or contract carrier hired by materials into the State or to receive explosive materials in the
the distributee. Where a common or contract carrier hired by the State; or
distributee will transport explosive materials from the distributor (4) Who the licensee has reasonable cause to believe
to a holder of a limited permit: intends to use the explosive materials for other than a lawful
(A) The limited permittee must, prior to delivery purpose.
of the explosive materials, complete the appropriate section on
(c) A licensee shall not distribute any explosive materials to any
Form 5400.4, affix to the Form 5400.4 one of the six IPECs he
person knowing or having reason to believe that the person:
has been issued, and provide the form to the distributor in person
(1) Is, except as provided under § 555.142 (d) and (e), under
or by mail.
indictment or information for, or was convicted in any court of, a
(B) Before the delivery at the distributor's
crime punishable by imprisonment for a term exceeding 1 year;
premises to the common or contract carrier who will transport
(2) Is a fugitive from justice;
explosive materials to the holder of a limited permit, the distribu-
tor must:
36
 (3) Is an unlawful user of marijuana, or any depressant or § 555.107 Record of transactions.
stimulant drug, or narcotic drug (as these terms are defined in the Each licensee and permittee shall keep records of explosive
Controlled Substances Act, 21 U.S.C. 802); materials as required by subpart G of this part.
(4) Was adjudicated as a mental defective or was committed
to a mental institution; § 555.108 Importation.
(5) Is an alien, other than an alien who— (a) Explosive materials imported or brought into the United
(i) Is lawfully admitted for permanent residence (as States by a licensed importer or holder of a user permit may be
that term is defined in section 101(a)(20) of the Immigration and released from customs custody to the licensed importer or holder
Nationality Act (8 U.S.C. 1101)); of a user permit upon proof of his status as a licensed importer or
(ii) Is in lawful nonimmigrant status, is a refugee holder of a user permit. Proof of status must be made by the
admitted under section 207 of the Immigration and Nationality licensed importer or holder of a user permit furnishing to the
Act (8 U.S.C. 1157), or is in asylum status under section 208 of customs officer a certified copy of his license or permit (see
the Immigration and Nationality Act (8 U.S.C. 1158), and— § 555.103).
(A) Is a foreign law enforcement officer of a
(b) A nonlicensee or nonpermittee may import or bring into the
friendly foreign government, as determined by the Attorney
United States commercially manufactured black powder in
General in consultation with the Secretary of State, entering the
quantities not to exceed 50 pounds. Upon submitting to the
United States on official law enforcement business, and the
customs officer completed ATF F 5400.3, certifying that the
shipping, transporting, possession, or receipt of explosive
black powder is intended to be used solely for sporting, recre-
materials is in furtherance of this official law enforcement
ational, or cultural purposes in antique firearms or in antique
business;
devices, black powder may be released from customs custody.
(B) Is a person having the power to direct or
The disposition of the executed ATF F 5400.3 will be in accor-
cause the direction of the management and policies of a corpora-
dance with the instructions on the form.
tion, partnership, or association licensed pursuant to section
843(a), and the shipping, transporting, possession, or receipt of (c) The provisions of this section are in addition to, and are not
explosive materials is in furtherance of such power; in lieu of, any applicable requirement under 27 CFR Part 447.
(C) Is a member of a North Atlantic Treaty (d) For additional requirements relating to the importation of
Organization (NATO) or other friendly foreign military force, as plastic explosives into the United States on or after April 24,
determined by the Attorney General in consultation with the 1997, see § 555.183.
Secretary of Defense, (whether or not admitted in a nonimmigrant (e) For requirements relating to the marking of imported
status) who is present in the United States under military orders explosive materials, see § 555.109.
for training or other military purpose authorized by the United
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–387, 62 FR
States, and the shipping, transporting, possession, or receipt of 8376, Feb. 25, 1997; ATF No. 1, 68 FR 13790, Mar. 20, 2003; ATF 5F, 70 FR
explosive materials is in furtherance of the military purpose; or 30633, May 27, 2005]
(D) Is lawfully present in the United States in
cooperation with the Director of Central Intelligence, and the § 555.109 Identification of explosive materials.
shipment, transportation, receipt, or possession of the explosive (a) General. Explosive materials, whether manufactured in the
materials is in furtherance of such cooperation; United States or imported, must contain certain marks of identifi-
(6) Has been discharged from the armed forces under cation.
dishonorable conditions; or (b) Required marks—
(7) Having been a citizen of the United States, has (1) Licensed manufacturers. Licensed manufacturers who
renounced citizenship. manufacture explosive materials for sale or distribution must
(d) The provisions of this section do not apply to the purchase of place the following marks of identification on explosive materials
commercially manufactured black powder in quantities not to at the time of manufacture:
exceed 50 pounds, intended to be used solely for sporting, (i) The name of the manufacturer; and
recreational, or cultural purposes in antique firearms or in antique (ii) The location, date, and shift of manufacture.
devices, if the requirements of § 555.105(a)(7) or (b)(7) are fully Where a manufacturer operates his plant for only one shift during
met. the day, he does not need to show the shift of manufacture.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981. Redesignated by T.D. ATF–487, 68 FR (2) Licensed importers.
3748, Jan. 24, 2003. ATF No. 1, 68 FR 13790, Mar. 20, 2003] (i) Licensed importers who import explosive materi-
als for sale or distribution must place the following marks of
identification on the explosive materials they import:

37
 (A) The name and address (city and state) of the (d) Exceptions—
importer; and (1) Blasting caps. Licensed manufacturers or licensed
(B) The location (city and country) where the importers are only required to place the identification marks
explosive materials were manufactured, date, and shift of manu- prescribed in this section on the containers used for the packag-
facture. Where the foreign manufacturer operates his plant for ing of blasting caps.
only one shift during the day, he does not need to show the shift (2) Alternate means of identification. The Director may
of manufacture. authorize other means of identifying explosive materials,
(ii) Licensed importers must place the required including fireworks, upon receipt of a letter application from the
marks on all explosive materials imported prior to distribution or licensed manufacturer or licensed importer showing that such
shipment for use, and in no event later than 15 days after the date other identification is reasonable and will not hinder the effective
of release from Customs custody. administration of this part.
(c) General requirements. (Approved by the Office of Management and Budget under
(1) The required marks prescribed in this section must be control numbers 1140–0055 and 1140–0062)
permanent and legible. [ATF 5F, 70 FR 30633, May 27, 2005, as amended by ATF–11F, 73 FR 57242,
Oct. 2, 2008]
(2) The required marks prescribed in this section must be in
the English language, using Roman letters and Arabic numerals. § 555.110 Furnishing of samples (Effective on and
(3) Licensed manufacturers and licensed importers must
after January 24, 2003).
place the required marks on each cartridge, bag, or other immedi-
ate container of explosive materials that they manufacture or (a) In general. Licensed manufacturers and licensed importers
import, as well as on any outside container used for the packaging and persons who manufacture or import explosive materials or
of such explosive materials. ammonium nitrate must, when required by letter issued by the
(4) Licensed manufacturers and licensed importers may use Director, furnish—
any method, or combination of methods, to affix the required (1) Samples of such explosive materials or ammonium
marks to the immediate container of explosive materials, or nitrate;
outside containers used for the packaging thereof, provided the (2) Information on chemical composition of those prod-
identifying marks are legible, permanent, show all the required ucts; and
information, and are not rendered unreadable by extended periods (3) Any other information that the Director determines is
of storage. relevant to the identification of the explosive materials or to
(5) If licensed manufacturers or licensed importers desire to identification of the ammonium nitrate.
use a coding system and omit printed markings on the container (b) Reimbursement. The Director will reimburse the fair market
that show all the required information specified in paragraphs value of samples furnished pursuant to paragraph (a) of this
(b)(1) and (2) of this section, they must file with ATF a letterhead section, as well as reasonable costs of shipment.
application displaying the coding that they plan to use and (Approved by the Office of Management and Budget under
explaining the manner of its application. The Director must control number 1140–0073)
approve the application before the proposed coding can be used. [ATF No. 1, 68 FR 13790, Mar. 20, 2003]

Subpart G—Records and Reports

§ 555.121 General. part (see § 555.24). Section 843(f) of the Act requires licensees
(a) (1) Licensees and permittees shall keep records pertaining and holders of user permits to make all required records
to explosive materials in permanent form (i.e., commercial available for examination or inspection at all reasonable times.
invoices, record books) and in the manner required in this Section 843(f) of the Act also requires licensees and permittees
subpart. (including holders of limited permits) to submit all reports and
(2) Licensees and permittees shall keep records required information relating to all required records and their contents, as
by this part on the business premises for five years from the date the regulations in this part prescribe.
a transaction occurs or until discontinuance of business or (c) Each licensee and permittee shall maintain all records of
operations by the licensee or permittee. (See also § 555.128 for importation, production, shipment, receipt, sale, or other
discontinuance of business or operations.) disposition, whether temporary or permanent, of explosive
(b) ATF officers may enter the premises of any licensee or materials as the regulations in this part prescribe. Sections
holder of a user permit for the purpose of examining or inspect- 842(f) and 842(g) of the Act make it unlawful for any licensee
ing any record or document required by or obtained under this
38
or permittee knowingly to make any false entry in, or fail to make (2) Name or brand name of manufacturer and country of
entry in, any record required to be kept under the Act and the manufacture.
regulations in this part. (3) Manufacturer's marks of identification.
(Approved by the Office of Management and Budget under (4) Quantity (applicable quantity units, such as pounds of
control number 1140–0030) explosives, number of detonators, number of display fireworks,
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–172, 49 FR etc.).
14941, Apr. 16, 1984; ATF No. 1, 68 FR 13790, Mar. 20, 2003; ATF–11F, 73 FR (5) Description (dynamite (dyn), blasting agents (ba),
57242, Oct. 2, 2008]
detonators (det), display fireworks (df), etc.) and size (length and
§ 555.122 Records maintained by licensed diameter or diameter only of display fireworks).
(6) License or permit number of licensee or permittee to
importers.
whom the explosive materials are distributed.
(a) Each licensed importer shall take true and accurate physical
(d) The Director, Industry Operations may authorize alternate
inventories which will include all explosive materials on hand
records to be maintained by a licensed importer to record his
required to be accounted for in the records kept under this part.
distribution of explosive materials when it is shown by the
The licensed importer shall take a special inventory
licensed importer that alternate records will accurately and
(1) At the time of commencing business, which is the
readily disclose the information required by paragraph (c) of this
effective date of the license issued upon original qualification
section. A licensed importer who proposes to use alternate
under this part;
records shall submit a letter application to the Director, Industry
(2) At the time of changing the location of his business to
Operations and shall describe the proposed alternate records and
another region;
the need for them. Alternate records are not to be employed by
(3) At the time of discontinuing business; and
the licensed importer until approval is received from the Director,
(4) At any time the Director, Industry Operations may in
Industry Operations.
writing require. Each special inventory is to be prepared in
duplicate, the original of which is submitted to the Director, (e) Each licensed importer shall maintain separate records of the
Industry Operations, and the duplicate retained by the licensed sales or other distribution made of explosive materials to nonli-
importer. If a special inventory specified by paragraphs (a)(1) censees or nonpermittees. These records are maintained as
through (4) of this section has not been taken during the calendar prescribed by § 555.126.
year, at least one physical inventory will be taken. However, the (Approved by the Office of Management and Budget under
record of the yearly inventory, other than a special inventory control number 1140–0030)
required by paragraphs (a)(1) through (4) of this section, will [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–172, 49 FR
remain on file for inspection instead of being sent to the Director, 14941, Apr. 16, 1984; T.D. ATF–293, 55 FR 3721, Feb. 5, 1990; T.D. ATF–400, 63
FR 45003, Aug. 24, 1998; ATF–11F, 73 FR 57242, Oct. 2, 2008]
Industry Operations. (See also § 555.127.)
(b) Each licensed importer shall, not later than the close of the § 555.123 Records maintained by licensed
next business day following the date of importation or other manufacturers.
acquisition of explosive materials, enter the following information (a) Each licensed manufacturer shall take true and accurate
in a separate record: physical inventories which will include all explosive materials on
(1) Date of importation or other acquisition. hand required to be accounted for in the records kept under this
(2) Name or brand name of manufacturer and country of part. The licensed manufacturer shall take a special inventory
manufacture. (1) At the time of commencing business, which is the
(3) Manufacturer's marks of identification. effective date of the license issued upon original qualification
(4) Quantity (applicable quantity units, such as pounds of under this part;
explosives, number of detonators, number of display fireworks, (2) At the time of changing the location of his premises to
etc.). another region;
(5) Description (dynamite (dyn), blasting agents (ba), (3) At the time of discontinuing business; and
detonators (det), display fireworks (df), etc.) and size (length and (4) At any other time the Director, Industry Operations may
diameter or diameter only of display fireworks). in writing require. Each special inventory is to be prepared in
(c) Each licensed importer shall, not later than the close of the duplicate, the original of which is submitted to the Director,
next business day following the date of distribution of any Industry Operations, and the duplicate retained by the licensed
explosive materials to another licensee or a permittee, enter in a manufacturer. If a special inventory required by paragraphs (a)(1)
separate record the following information: through (4) of this section has not been taken during the calendar
(1) Date of disposition. year, at least one physical inventory will be taken. However, the
record of the yearly inventory, other than a special inventory

39
required by paragraphs (a) (1) through (4) of this section, will licensed manufacturer that alternate records will accurately and
remain on file for inspection instead of being sent to the Director, readily disclose the information required by paragraph (c) of this
Industry Operations. (See also § 555.127.) section. A licensed manufacturer who proposes to use alternate
(b) Each licensed manufacturer shall not later than the close of records shall submit a letter application to the Director, Industry
the next business day following the date of manufacture or other Operations and shall describe the proposed alternate records and
acquisition of explosive materials, enter the following informa- the need for them. Alternate records are not to be employed by the
tion in a separate record: licensed manufacturer until approval is received from the Director,
(1) Date of manufacture or other acquisition. Industry Operations.
(2) Manufacturer's marks of identification. (f) Each licensed manufacturer shall maintain separate records
(3) Quantity (applicable quantity units, such as pounds of of the sales or other distribution made of explosive materials to
explosives, number of detonators, number of display fireworks, nonlicensees or nonpermittees. These records are maintained as
etc.). prescribed by § 555.126.
(4) Name, brand name or description (dynamite (dyn), (Approved by the Office of Management and Budget under
blasting agents (ba), detonators (det), display fireworks (df), etc.) control number 1140–0030)
and size (length and diameter or diameter only of display [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–172, 49 FR
fireworks). 14941, Apr. 16, 1984; T.D. ATF–293, 55 FR 3721, Feb. 5, 1990; T.D. ATF–400, 63
FR 45003, Aug. 24, 1998; ATF–11F, 73 FR 57242, Oct. 2, 2008]
(c) Each licensed manufacturer shall, not later than the close of
the next business day following the date of distribution of any § 555.124 Records maintained by licensed dealers.
explosive materials to another licensee or a permittee, enter in a (a) Each licensed dealer shall take true and accurate physical
separate record the following information: inventories which will include all explosive materials on hand
(1) Date of disposition. required to be accounted for in the records kept under this part.
(2) Name or brand name of manufacturer or name of The licensed dealer shall take a special inventory
importer, as applicable, if acquired other than by his own (1) At the time of commencing business, which is the
manufacture. effective date of the license issued upon original qualification
(3) Manufacturer's marks of identification. under this part;
(4) Quantity (applicable quantity units, such as pounds of (2) At the time of changing the location of his premises to
explosives, number of detonators, number of display fireworks, another region;
etc.). (3) At the time of discontinuing business; and
(5) Description (dynamite (dyn), blasting agents (ba), (4) At any other time the Director, Industry Operations may
detonators (det), display fireworks (df), etc.) and size (length and in writing require. Each special inventory is to be prepared in
diameter or diameter only of display fireworks). duplicate, the original of which is submitted to the Director,
(6) License or permit number of licensee or permittee to Industry Operations, and the duplicate retained by the licensed
whom the explosive materials are distributed. dealer. If a special inventory required by paragraphs (a)(1)
(d) Each licensed manufacturer who manufactures explosive through (4) of this section has not been taken during the calendar
materials for his own use shall, not later than the close of the next year, at least one physical inventory will be taken. However, the
business day following the date of use, enter in a separate record record of the yearly inventory, other than a special inventory
the following information: required by paragraphs (a)(1) through (4) of this section, will
(1) Date of use. remain on file for inspection instead of being sent to the Director,
(2) Quantity (applicable quantity units, such as pounds of Industry Operations. (See also § 555.127.)
explosives, number of detonators, number of special fireworks, (b) Each licensed dealer shall, not later than the close of the next
etc.). business day following the date of purchase or other acquisition of
(3) Description (dynamite (dyn), blasting agents (ba), explosive materials (except as provided in paragraph (d) of this
detonators (det), display fireworks (df), etc.) and size (length and section), enter the following information in a separate record:
diameter or diameter only of display fireworks). (1) Date of acquisition.
Exception: A licensed manufacturer is exempt from the (2) Name or brand name of manufacturer and name of
recordkeeping requirements of this subsection if the explosive importer (if any).
materials are manufactured for his own use and used within a 24 (3) Manufacturer's marks of identification.
hour period at the same site. (4) Quantity (applicable quantity units, such as pounds of
(e) The Director, Industry Operations may authorize alternate explosives, number of detonators, number of display fireworks,
records to be maintained by a licensed manufacturer to record his etc.).
distribution or use of explosive materials when it is shown by the

40
 (5) Description (dynamite (dyn), blasting agents (ba), (Approved by the Office of Management and Budget under
detonators (det), display fireworks (df), etc.) and size (length and control number 1140–0030)
diameter or diameter only of display fireworks). [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–172, 49 FR
(6) Name, address, and license or permit number of the 14941, Apr. 16, 1984; T.D. ATF–293, 55 FR 3721, Feb. 5, 1990; T.D. ATF–400, 63
FR 45003, Aug. 24, 1998; ATF–11F, 73 FR 57242, Oct. 2, 2008]
person from whom the explosive materials are received.
(c) Each licensed dealer shall, not later than the close of the next § 555.125 Records maintained by permittees.
business day following the date of use (if the explosives are used (a) Records maintained by permittees prior to May 24, 2003.
by the dealer) or the date of distribution of any explosive materi- (1) Each permittee must take true and accurate physical
als to another licensee or a permittee (except as provided in inventories that will include all explosive materials on hand
paragraph (d) of this section), enter in a separate record the required to be accounted for in the records kept under this part.
following information: The permittee must take a special inventory—
(1) Date of disposition. (i) At the time of commencing business, which is the
(2) Name or brand name of manufacturer and name of effective date of the permit issued upon original qualification
importer (if any). under this part;
(3) Manufacturer's marks of identification. (ii) At the time of changing the location of his
(4) Quantity (applicable quantity units, such as pounds of premises to another region;
explosives, number of detonators, number of display fireworks, (iii) At the time of discontinuing business; and
etc.). (iv) At any other time the Director, Industry
(5) Description (dynamite (dyn), blasting agents (ba), Operations may in writing require. Each special inventory is to be
detonators (det), display fireworks (df), etc.) and size (length and prepared in duplicate, the original of which is submitted to the
diameter or diameter only of display fireworks). Director, Industry Operations and the duplicate retained by the
(6) License or permit number of licensee or permittee to permittee. If a special inventory required by paragraphs (a)(1)(i)
whom the explosive materials are distributed. through (iv) of this section has not been taken during the calendar
(d) When a commercial record is kept by a licensed dealer year, a permittee is required to take at least one physical inventory.
showing the purchase or other acquisition information required However, the record of the yearly inventory, other than a special
for the permanent record prescribed by paragraph (b) of this inventory required by paragraphs (a)(1)(i) through (iv) of this
section, or showing the distribution information required for the section, will remain on file for inspection instead of being sent to
permanent record prescribed by paragraph (c) of this section, the the Director, Industry Operations. (See also § 555.127.)
licensed dealer acquiring or distributing the explosive materials (2) Each permittee must, not later than the close of the next
may, for a period not exceeding seven days following the date of business day following the date of acquisition of explosive
acquisition of distribution of the explosive materials, delay materials, enter the following information in a separate record:
making the required entry into the permanent record of acquisi- (i) Date of acquisition;
tion or distribution. However, until the required entry of acquisi- (ii) Name or brand name of manufacturer;
tion or disposition is made in the permanent record, the commer- (iii) Manufacturer's marks of identification;
cial record must be (1) kept by the licensed dealer separate from (iv) Quantity (applicable quantity units, such as
other commercial documents kept by the licensee, and (2) readily pounds of explosives, number of detonators, number of display
available for inspection on the licensed premises. fireworks, etc.);
(e) The Director, Industry Operations may authorize alternate (v) Description (dynamite (dyn), blasting agents (ba),
records to be maintained by a licensed dealer to record his detonators (det), display fireworks (df), etc., and size (length and
acquisition or disposition of explosive materials, when it is shown diameter or diameter only of display fireworks)); and
by the licensed dealer that alternate records will accurately and (vi) Name, address, and license number of the persons
readily disclose the required information. A licensed dealer who from whom the explosive materials are received.
proposes to use alternate records shall submit a letter application (3) Each permittee must, not later than the close of the next
to the Director, Industry Operations and shall describe the business day following the date of disposition of surplus explosive
proposed alternate records and the need for them. Alternate materials to another permittee or a licensee, enter in a separate
records are not to be employed by the licensed dealer until record the information prescribed in § 555.124(c).
approval is received from the Director, Industry Operations. (4) Each permittee must maintain separate records of
disposition of surplus stocks of explosive materials to nonlicens-
(f) Each licensed dealer shall maintain separate records of the ees or nonpermittees as prescribed in § 555.126.
sales or other distribution made of explosive materials to nonli- (5) The Director, Industry Operations may authorize
censees or nonpermittees. These records are maintained as alternate records to be maintained by a permittee to record his
prescribed by § 555.126. acquisition of explosive materials, when it is shown by the
41
permittee that alternate records will accurately and readily (4) Each holder of a user permit or a limited permit must,
disclose the required information. A permittee who proposes to not later than the close of the next business day following the date
use alternate records must submit a letter application to the of disposition of surplus explosive materials to another permittee
Director, Industry Operations and must describe the proposed or a licensee, enter in a separate record the information prescribed
alternate records and the need for them. Alternate records are not in § 555.124(c).
to be employed by the permittee until approval is received from (5) When a record book is used as a permittee's permanent
the Director, Industry Operations. record the permittee may delay entry of the required information
(b) Records maintained by permittees on and after May 24, for a period not to exceed seven days if the commercial record
2003. contains all of the required information prescribed by paragraphs
(1) Each holder of a user permit must take true and (b)(3) and (b)(4) of this section. However, the commercial record
accurate physical inventories that will include all explosive may be used instead of a record book as a permanent record
materials on hand required to be accounted for in the records kept provided that the record contains all of the required information
under this part. The permittee must take a special inventory— prescribed by paragraphs (b)(3) and (b)(4) of this section.
(i) At the time of commencing business, which is (6) Each holder of a user permit or a limited permit must
the effective date of the permit issued upon original qualification maintain separate records of disposition of surplus stocks of
under this part; explosive materials to holders of a limited permit as prescribed in
(ii) At the time of changing the location of his § 555.126.
premises; (7) The Director, Industry Operations may authorize
(iii) At the time of discontinuing business; and alternate records to be maintained by a holder of a user permit or
(iv) At any other time the Director, Industry a limited permit to record his acquisition of explosive materials,
Operations may in writing require. Each special inventory is to be when it is shown by the permittee that alternate records will
prepared in duplicate, the original of which is submitted to the accurately and readily disclose the required information. A
Director, Industry Operations and the duplicate retained by the permittee who proposes to use alternate records must submit a
permittee. If a special inventory required by paragraphs (b)(1)(i) letter application to the Director, Industry Operations and must
through (iv) of this section has not been taken during the calendar describe the proposed alternate records and the need for them.
year, a permittee is required to take at least one physical inven- Alternate records are not to be employed by the permittee until
tory. The record of the yearly inventory, other than a special approval is received from the Director, Industry Operations.
inventory required by paragraphs (b)(1)(i) through (iv) of this (Approved by the Office of Management and Budget under
section, will remain on file for inspection instead of being sent to control number 1140–0030)
the Director, Industry Operations. (See also § 555.127.) [ATF No. 1, 68 FR 13790, Mar. 20, 2003]

(2) Each holder of a limited permit must take true and

§ 555.126 Explosives transaction record for
accurate physical inventories, at least annually, that will include
distribution of explosive materials prior to May 24,
all explosive materials on hand required to be accounted for in
the records kept under this part.
2003 and Limited Permittee Transaction Report for
(3) Each holder of a user permit or a limited permit must, distribution of explosive materials on and after
not later than the close of the next business day following the date May 24, 2003.
of acquisition of explosive materials, enter the following informa- (a) Explosives transaction record for distribution of explosive
tion in a separate record: materials prior to May 24, 2003.
(i) Date of acquisition; (1) A licensee or permittee shall not temporarily or
(ii) Name or brand name of manufacturer; permanently distribute explosive materials to any person, other
(iii) Manufacturer's marks of identification; than another licensee or permittee, unless he records the transac-
(iv) Quantity (applicable quantity units, such as tion on an explosives transaction record, ATF F 5400.4.
pounds of explosives, number of detonators, number of display (2) Before the distribution of explosive materials to a
fireworks, etc.); nonlicensee or nonpermittee who is a resident of the State in
(v) Description (dynamite (dyn), blasting agents which the licensee or permittee maintains his business premises,
(ba), detonators (det), display fireworks (df), etc., and size (length or to a nonlicensee or nonpermittee who is not a resident of the
and diameter or diameter only of display fireworks)); and State in which the licensee or permittee maintains his business
(vi) Name, address, and license number of the premises and is acquiring explosive materials under
persons from whom the explosive materials are received. § 555.105(a)(3), the licensee or permittee distributing the explo-
sive 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.

42
 (3) Completed ATF F 5400.4 is to be retained by the (5) The requirements of this section are in addition to any
licensee or permittee as part of his permanent records in accor- other recordkeeping requirement contained in this part.
dance with paragraph (a)(4) of this section. (Approved by the Office of Management and Budget under
(4) Each ATF F 5400.4 is retained in numerical (by control number 1140–0078)
transaction serial number) order commencing with “1” and [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–93, 46 FR
continuing in regular sequence. When the numbering of any 50787, Oct. 15, 1981; T.D. ATF–172, 49 FR 14941, Apr. 16, 1984; T.D. ATF–446,
66 FR 16602, Mar. 27, 2001; ATF No. 1, 68 FR 13791, Mar. 20, 2003]
series reaches “1,000,000,” the licensee or permittee may
recommence the series. The recommenced series is to be given an § 555.127 Daily summary of magazine
alphabetical prefix or suffix. Where there is a change in propri-
transactions.
etorship, or in the individual, firm, corporate name or trade name,
In taking the inventory required by §§§ 555.122, 555.123,
the series in use at the time of the change may be continued.
555.124, and 555.125, a licensee or permittee shall enter the
(5) The requirements of this section are in addition to any
inventory in a record of daily summary transactions to be kept at
other recordkeeping requirement contained in this part.
each magazine of an approved storage facility; however, these
(6) A licensee or permittee may obtain, upon request, a
records may be kept at one central location on the business
supply of ATF F 5400.4 from the Director.
premises if separate records of daily transactions are kept for each
(b) Limited Permittee Transaction Report for distribution of magazine. Not later than the close of the next business day, each
explosive materials on and after May 24, 2003. licensee and permittee shall record by manufacturer's name or
(1) A licensee or permittee may not distribute explosive brand name, the total quantity received in and removed from each
materials to any person who is not a licensee or permittee. A magazine during the day, and the total remaining on hand at the
licensee or permittee may not distribute explosive materials to a end of the day. Quantity entries for display fireworks may be
limited permittee unless the distributor records the transaction on expressed as the number and size of individual display fireworks
ATF Form 5400.4, Limited Permittee Transaction Report. in a finished state or as the number of packaged display segments
(2) Before distributing explosive materials to a limited or packaged displays. Information as to the number and size of
permittee, the licensee or permittee must obtain an executed display fireworks contained in any one packaged display segment
Form 5400.4 from the limited permittee with an original unal- or packaged display shall be provided to any ATF officer on
tered and unexpired Intrastate Purchase of Explosives Coupon request. Any discrepancy which might indicate a theft or loss of
(IPEC) affixed. Except when delivery of explosive materials is explosive materials is to be reported in accordance with § 555.30.
made by a common or contract carrier who is an agent of the [T.D. ATF–293, 55 FR 3722, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR
limited permittee, the licensee, permittee, or an agent of the 45003, Aug. 24, 1998]
licensee or permittee, must verify the identity of the of the holder
of the limited permit by examining an identification document § 555.128 Discontinuance of business.
(as defined in § 555.11) and noting on the Form 5400.4 the type Where an explosive materials business or operations is discon-
of document presented. The licensee or permittee must complete tinued and succeeded by a new licensee or new permittee, the
the appropriate section on Form 5400.4 to indicate the type and records prescribed by this subpart shall appropriately reflect such
quantity of explosive materials distributed, the license or permit facts and shall be delivered to the successor. Where discontinu-
number of the seller, and the date of the transaction. The licensee ance of the business or operations is absolute, the records
or permittee must sign and date the form and include any other required by this subpart must be delivered within 30 days
information required by the instructions on the form and the following the business or operations discontinuance to any ATF
regulations in this part. office located in the region in which the business was located, or
(3) One copy of Form 5400.4 must be retained by the to the ATF Out-of-Business Records Center, 244 Needy Road,
distributor as part of his permanent records in accordance with Martinsburg, West Virginia 25405. Where State law or local
paragraph (b)(4) of this section and for the period specified in ordinance requires the delivery of records to other responsible
§ 555.121. The distributor must mail the other copy of Form authority, the Chief, Federal Explosives Licensing Center may
5400.4 to the Bureau of Alcohol, Tobacco, Firearms and arrange for the delivery of the records required by this subpart to
Explosives in accordance with the instructions on the form. such authority. (See also, § 555.61.)
(4) Each Form 5400.4 must be retained in chronological [T.D. ATF–290, 54 FR 53054, Dec. 27, 1989, as amended by T.D. ATF–446a, 66
FR 19089, Apr. 13, 2001; ATF No. 1, 68 FR 13792, Mar. 20, 2003; ATF–11F, 73
order by date of disposition, or in alphabetical order by name of FR 57242, Oct. 2, 2008]
limited permittee. A licensee may not, however, use both methods
in a single recordkeeping system. Where there is a change in
proprietorship by a limited permittee, the forms may continue to
be filed together after such change.

43
§ 555.129 Exportation. manufacturer's name or brand name of explosive materials, the
Exportation of explosive materials is to be in accordance with name and address of the foreign consignee of the explosive
the applicable provisions of section 38 of the Arms Export materials, and the date the explosive materials were exported. See
Control Act (22 U.S.C. 2778) and implementing regulations. § 555.180 for regulations concerning the exportation of plastic
However, a licensed importer, licensed manufacturer, or licensed explosives.
dealer exporting explosive materials shall maintain records [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–387, 62 FR
showing the manufacture or acquisition of explosive materials as 8377, Feb. 25, 1997]

required by this part and records showing the quantity, the

Subpart H—Exemptions
§ 555.141 Exemptions. (8) Gasoline, fertilizers, propellant actuated devices, or
(a) General. Except for the provisions of §§ 555.180 and propellant actuated industrial tools manufactured, imported, or
555.181, this part does not apply to: distributed for their intended purposes.
(1) Any aspect of the transportation of explosive materials (9) Industrial and laboratory chemicals which are intended
via railroad, water, highway, or air which is regulated by the U.S. for use as reagents and which are packaged and shipped
Department of Transportation and its agencies, and which pursuant to U.S. Department of Transportation regulations, 49
pertains to safety. For example, regulations issued by the CFR Parts 100 to 177, which do not require explosives hazard
Department of Transportation addressing the security risk of warning labels.
aliens transporting explosives by commercial motor or railroad (10) Model rocket motors that meet all of the following
carrier from Canada preclude the enforcement of 18 U.S.C. criteria—
842(i)(5) against persons shipping, transporting, receiving, or (i) Consist of ammonium perchlorate composite
possessing explosives incident to and in connection with the propellant, black powder, or other similar low explosives;
commercial transportation of explosives by truck or rail from (ii) Contain no more than 62.5 grams of total
Canada into the United States. Questions concerning this propellant weight; and
exception should be directed to ATF's Public Safety Branch (iii) Are designed as single-use motors or as reload
[ATF’s Explosives Industry Programs Branch] in Washington, kits capable of reloading no more than 62.5 grams of propellant
DC. into a reusable motor casing.
(2) The use of explosive materials in medicines and (b) Black powder. Except for the provisions applicable to
medicinal agents in the forms prescribed by the official United persons required to be licensed under subpart D, this part does
States Pharmacopeia or the National Formulary. “The United not apply with respect to commercially manufactured black
States Pharmacopeia and The National Formulary,” USP and NF powder in quantities not to exceed 50 pounds, percussion caps,
Compendia, are available from the United States Pharmacopeial safety and pyrotechnic fuses, quills, quick and slow matches,
Convention, Inc., 12601 Twinbrook Parkway, Rockville, and friction primers, if the black powder is intended to be used
Maryland 20852. solely for sporting, recreational, or cultural purposes in antique
(3) The transportation, shipment, receipt, or importation firearms, as defined in 18 U.S.C. 921(a)(16) or antique devices,
of explosive materials for delivery to any agency of the United as exempted from the term “destructive devices” in 18 U.S.C.
States or to any State or its political subdivision. 921(a)(4).
(4) Small arms ammunition and components of small [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981 as amended by T.D. ATF–87, 46 FR
arms ammunition. 46916, Sept. 23, 1981; T.D. ATF–293, 55 FR 3722, Feb. 5, 1990; T.D. ATF–87,
62 FR 8377, Feb. 25, 1997; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998; ATF
(5) The manufacture under the regulation of the military No. 1, 68 FR 13792, Mar. 20, 2003; ATF 6F, 71 FR 46101, Aug. 11, 2006]
department of the United States of explosive materials for, or
their distribution to or storage or possession by, the military or § 555.142 Relief from disabilities (effective
naval services or other agencies of the United States. January 24, 2003).
(6) Arsenals, navy yards, depots, or other establishments
(a) Any person prohibited from shipping or transporting any
owned by, or operated by or on behalf of, the United States.
explosive in or affecting interstate or foreign commerce or from
(7) The importation, distribution, and storage of fireworks
receiving or possessing any explosive which has been shipped or
classified as UN0336, UN0337, UN0431, or UN0432 explo-
transported in or affecting interstate or foreign commerce may
sives by the U.S. Department of Transportation at 49 CFR
make application for relief from disabilities under section
172.101 and generally known as “consumer fireworks” or
845(b) of the Act.
“articles pyrotechnic.”

44
(b) An application for relief from disabilities must be filed with (e) (1) A licensee or permittee who is under indictment or
the Director by submitting ATF Form 5400.29, Application for information for, or convicted of, a crime punishable by imprison-
Restoration of Explosives Privileges, in accordance with the ment for a term exceeding one year during the term of a current
instructions on the form. The application must be supported by license or permit, or while he has pending a license or permit
appropriate data, including the information specified in paragraph renewal application, shall not be barred from licensed or permit
(f) of this section. Upon receipt of an incomplete or improperly operations for 30 days after the date of indictment or information
executed application for relief, the applicant will be notified of or 30 days after the date upon which his conviction becomes
the deficiency in the application. If the application is not final. Also, if he files his application for relief under this section
corrected and returned within 30 days following the date of within such 30 day period, he may further continue licensed or
notification, the application will be considered abandoned. permit operations while his application is pending. A licensee or
(c) (1) The Director may grant relief to an applicant if it is permittee who does not file an application within 30 days from
established to the satisfaction of the Director that the circum- the date of his indictment or information, or within 30 days from
stances regarding the disability and the applicant's record and the date his conviction becomes final, shall not continue licensed
reputation are such that the applicant will not be likely to act in a or permit operations beyond 30 days from the date of his indict-
manner dangerous to public safety and that the granting of such ment or information or beyond 30 days from the date his convic-
relief is not contrary to the public interest. tion becomes final.
(2) Except as provided in paragraph (c)(3) of this section, (2) In the event the term of a license or permit of a person
the Director will not grant relief if the applicant— expires during the 30 day period following the date of indictment
(i) Has not been discharged from parole or probation of information of during the 30 day period after the date upon
for a period of at least 2 years; which his conviction becomes final or while his application for
(ii) Is a fugitive from justice; relief is pending, he shall file a timely application for renewal of
(iii) Is a prohibited alien; his license or permit in order to continue licensed or permit
(iv) Is an unlawful user of or addicted to any operations. The license or permit application is to show that the
controlled substance; applicant has been indicted or under information for, or convicted
(v) Has been adjudicated a mental defective or of, a crime punishable by imprisonment for a term exceeding one
committed to a mental institution, unless the applicant was year.
subsequently determined by a court, board, commission, or other (3) A licensee or permittee shall not continue licensed or
lawful authority to have been restored to mental competency, to permit operations beyond 30 days following the date the Director
be no longer suffering from a mental disorder, and to have had all issues notification that the licensee's or permittee's application
rights restored; or for removal of the disabilities resulting from an indictment,
(vi) Is prohibited by the law of the State where the information or conviction has been denied.
applicant resides from receiving or possessing explosive materi- (4) When a licensee or permittee may no longer continue
als. licensed or permit operations under this section, any application
(3) (i) The Director may grant relief to aliens who have for renewal of license of permit filed by the licensee or permittee
been lawfully admitted to the United States or to persons who while his application for removal of disabilities resulting from an
have not been discharged from parole or probation for a period of indictment, information or conviction is pending, will be denied
at least 2 years if he determines that the applicant has a compel- by the Director, Industry Operations.
ling need to possess explosives, such as for purposes of employ- (f) (1) Applications for relief from disabilities must include
ment. the following information:
(ii) The Director may grant relief to the persons (i) In the case of a corporation, or of any person
identified in paragraph (c)(2) of this section in extraordinary having the power to direct or control the management of the
circumstances where the granting of such relief is consistent with corporation, information as to the absence of culpability in the
the public interest. offense for which the corporation, or any such person, was
(d) A person who has been granted relief under this section is indicted, formally accused or convicted;
relieved of all disabilities imposed by the Act for the disabilities (ii) In the case of an applicant who is an individual,
disclosed in the application. The granting of relief will not affect two properly completed FBI Forms FD–258 (fingerprint card),
any disabilities incurred subsequent to the date the application and a written statement from each of three references who are not
was filed. Relief from disabilities granted to aliens will be related to the applicant by blood or marriage and have known the
effective only so long as the alien retains his or her lawful applicant for at least 3 years, recommending the granting of
immigration status. relief;

45
 (iii) Written consent to examine and obtain copies (viii) In the case of an applicant who, having been a
of records and to receive statements and information regarding citizen of the United States, has renounced his or her citizenship,
the applicant's background, including records, statements and a copy of the formal renunciation of nationality before a diplo-
other information concerning employment, medical history, matic or consular officer of the United States in a foreign state or
military service, immigration status, and criminal record; before an officer designated by the Attorney General when the
(iv) In the case of an applicant having been United States was in a state of war (see 8 U.S.C. 1481(a)(5) and
convicted of a crime punishable by imprisonment for a term (6)); and
exceeding one year, a copy of the indictment or information on (ix) In the case of an applicant who is an alien,
which the applicant was convicted, the judgment of conviction documentation that the applicant is an alien who has been
or record of any plea of nolo contendere or plea of guilty or lawfully admitted to the United States; certification from the
finding of guilt by the court; applicant including the applicant's INS-issued alien number or
(v) In the case of an applicant under indictment, a admission number, country/countries of citizenship, and immigra-
copy of the indictment or information; tion status, and certifying that the applicant is legally authorized
(vi) In the case of an applicant who has been to work in the United States, or other purposes for which posses-
adjudicated a mental defective or committed to a mental sion of explosives is required; certification from an appropriate
institution, a copy of the order of a court, board, commission, or law enforcement agency of the applicant's country of citizenship
other lawful authority that made the adjudication or ordered the stating that the applicant does not have a criminal record; and, if
commitment, any petition that sought to have the applicant so applicable, certification from a Federal explosives licensee or
adjudicated or committed, any medical records reflecting the permittee or other employer stating that the applicant is employed
reasons for commitment and diagnoses of the applicant, and any by the employer and must possess explosive materials for
court order or finding of a court, board, commission, or other purposes of employment. These certifications must be submitted
lawful authority showing the applicant's discharge from commit- in English.
ment, restoration of mental competency and the restoration of (2) Any record or document of a court or other government
rights; entity or official required by paragraph (f)(1) of this section must
(vii) In the case of an applicant who has been be certified by the court or other government entity or official as
discharged from the Armed Forces under dishonorable condi- a true copy.
tions, a copy of the applicant's Certificate of Release or (Approved by the Office of Management and Budget under
Discharge from Active Duty (Department of Defense Form control number 1140–0076)
214), Charge Sheet (Department of Defense Form 458), and [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981. Redesignated by T.D. ATF–487, 68 FR
final court martial order; 3748, Jan. 24, 2003. ATF No. 1, 68 FR 13792, Mar. 20, 2003]

Subpart I—Unlawful Acts, Penalties, Seizures and Forfeitures

§ 555.161 Engaging in business without a license. § 555.163 False entry in record.
Any person engaging in the business of importing, manufac- Any licensed importer, licensed manufacturer, licensed dealer,
turing, or dealing in explosive materials without a license issued or permittee who knowingly makes any false entry in any record
under the Act, shall be fined not more than $10,000 or impris- required to be kept under subpart G of this part, shall be fined
oned not more than 10 years, or both. not more than $10,000 or imprisoned not more than 10 years, or
both.
§ 555.162 False statement or representation. [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–400, 63 FR
Any person who knowingly withholds information or makes 45003, Aug. 24, 1998]
any false or fictitious oral or written statement or furnishes or
exhibits any false, fictitious, or misrepresented identification, § 555.164 Unlawful storage.
intended or likely to deceive for the purpose of obtaining Any person who stores any explosive material in a manner not
explosive materials, or a license, permit, exemption, or relief in conformity with this part, shall be fined not more than $1,000
from disability under the Act, shall be fined not more than or imprisoned not more than one year, or both.
$10,000 or imprisoned not more than 10 years, or both.

46
§ 555.165 Failure to report theft or loss. § 555.166 Seizure or forfeiture.
(a) Any person who has knowledge of the theft or loss of any Any explosive materials involved or used or intended to be used
explosive materials from his stock and fails to report the theft or in any violation of the Act or of this part or in any violation of any
loss within 24 hours of discovery in accordance with § 555.30, criminal law of the United States are subject to seizure and
shall be fined not more than $1,000 or imprisoned not more than forfeiture, and all provisions of title 26, U.S.C. relating to the
one year, or both. seizure, forfeiture, and disposition of firearms, as defined in 26
U.S.C. 5845(a), will, so far as applicable, extend to seizures and
(b) On and after January 24, 2003, any licensee or permittee who forfeitures under the Act. (See § 72.27 of this title for regulations
fails to report a theft of explosive materials in accordance with on summary destruction of explosive materials which are imprac-
§ 555.30 will be fined under title 18 U.S.C., imprisoned not more ticable or unsafe to remove to a place of storage.)
than 5 years, or both.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–363, 60 FR
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by ATF No. 1, 68 FR 17449, Apr. 6, 1995]
13793, Mar. 20, 2003]

Subpart J—Marking of Plastic Explosives

§ 555.180 Prohibitions relating to unmarked (1) Convention on the Marking of Plastic Explosives
plastic explosives. means the Convention on the Marking of Plastic Explosives for
the Purposes of Detection, Done at Montreal on 1 March 1991.
(a) No person shall manufacture any plastic explosive that does
(2) “Date of entry into force” of the Convention on the
not contain a detection agent.
Marking of Plastic Explosives means that date on which the
(b) No person shall import or bring into the United States, or Convention enters into force with respect to the U.S. in accor-
export from the United States, any plastic explosive that does not dance with the provisions of Article XIII of the Convention on the
contain a detection agent. This paragraph does not apply to the Marking of Plastic Explosives. The Convention entered into force
importation or bringing into the United States, or the exportation on June 21, 1998.
from the United States, of any plastic explosive that was imported (3) Detection agent means any one of the substances
or brought into, or manufactured in the United States prior to specified in this paragraph when introduced into a plastic
April 24, 1996, by or on behalf of any agency of the United explosive or formulated in such explosive as a part of the manu-
States performing military or police functions (including any facturing process in such a manner as to achieve homogeneous
military reserve component) or by or on behalf of the National distribution in the finished explosive, including—
Guard of any State, not later than 15 years after the date of entry (i) Ethylene glycol dinitrate (EGDN), C[2]H[4](NO
into force of the Convention on the Marking of Plastic Explosives [3])[2], molecular weight 152, when the minimum concentration
with respect to the United States, i.e., not later than June 21, in the finished explosive is 0.2 percent by mass;
2013. (ii) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C[6]
(c) No person shall ship, transport, transfer, receive, or possess H[12](NO[2])[2], molecular weight 176, when the minimum
any plastic explosive that does not contain a detection agent. This concentration in the finished explosive is 0.1 percent by mass;
paragraph does not apply to: (iii) Para-Mononitrotoluene (p-MNT), C[7]H[7]NO
(1) The shipment, transportation, transfer, receipt, or [2], molecular weight 137, when the minimum concentration in
possession of any plastic explosive that was imported or brought the finished explosive is 0.5 percent by mass;
into, or manufactured in the United States prior to April 24, 1996, (iv) Ortho-Mononitrotoluene (o-MNT), C[7]H[7]NO
by any person during the period beginning on that date and [2], molecular weight 137, when the minimum concentration in
ending on April 24, 1999; or the finished explosive is 0.5 percent by mass; and
(2) The shipment, transportation, transfer, receipt, or (v) Any other substance in the concentration speci-
possession of any plastic explosive that was imported or brought fied by the Director, after consultation with the Secretary of State
into, or manufactured in the United States prior to April 24, 1996, and Secretary of Defense, that has been added to the table in Part
by or on behalf of any agency of the United States performing a 2 of the Technical Annex to the Convention on the Marking of
military or police function (including any military reserve Plastic Explosives.
component) or by or on behalf of the National Guard of any (4) Plastic explosive means an explosive material in
State, not later than 15 years after the date of entry into force of flexible or elastic sheet form formulated with one or more high
the Convention on the Marking of Plastic Explosives with respect explosives which in their pure form has a vapor pressure less than
to the United States, i.e., not later than June 21, 2013. 10<4> Pa at a temperature of 25 ºC, is formulated with a binder
(d) When used in this subpart, terms are defined as follows: material, and is as a mixture malleable or flexible at normal room

47
temperature. High explosives, as defined in § 555.202(a), are § 555.183 Importation of plastic explosives on or
explosive materials which can be caused to detonate by means of after April 24, 1997.
a blasting cap when unconfined. Persons filing Form 6 applications for the importation of plastic
[T.D. ATF–387, 62 FR 8376, Feb. 25, 1997, as amended by T.D. ATF–419, 64 FR explosives on or after April 24, 1997, shall attach to the applica-
55628, Oct. 14, 1999] tion the following written statement, prepared in triplicate,
executed under the penalties of perjury:
§ 555.181 Reporting of plastic explosives.
All persons, other than an agency of the United States (includ- (a) “I declare under the penalties of perjury that the plastic
ing any military reserve component) or the National Guard of any explosive to be imported contains a detection agent as required by
State, possessing any plastic explosive on April 24, 1996, shall 27 CFR 555.180(b)”; or
submit a report to the Director no later than August 22, 1996. The (b) “I declare under the penalties of perjury that the plastic
report shall be in writing and mailed by certified mail (return explosive to be imported is a “small amount” to be used for
receipt requested) to the Director at P.O. Box 50204, Washington, research, training, or testing purposes and is exempt from the
DC 20091-0204. The report shall include the quantity of plastic detection agent requirement pursuant to 27 CFR 555.182.”
explosives possessed on April 24, 1996; any marks of identifica- [T.D. ATF–387, 62 FR 8377, Feb. 25, 1997]
tion on such explosives; the name and address of the manufac-
turer or importer; the storage location of such explosives, § 555.184 Statements of process and samples.
including the city and State; and the name and address of the (a) A complete and accurate statement of process with regard to
person possessing the plastic explosives. any plastic explosive or to any detection agent that is to be
[T.D. ATF–382, 61 FR 38085, July 23, 1996, as amended by T.D. ATF–387, 62 FR introduced into a plastic explosive or formulated in such plastic
8377, Feb. 25, 1997; ATF–11F, 73 FR 57242, Oct. 2, 2008]
explosive shall be submitted by a licensed manufacturer or
§ 555.182 Exceptions. licensed importer, upon request, to the Director.
It is an affirmative defense against any proceeding involving (b) Samples of any plastic explosive or detection agent shall be
§§ 555.180 and 555.181 if the proponent proves by a preponder- submitted by a licensed manufacturer or licensed importer, upon
ance of the evidence that the plastic explosive— request, to the Director.
(a) Consisted of a small amount of plastic explosive intended for (Paragraph (a) approved by the Office of Management and
and utilized solely in lawful— Budget under control number 1140–0042)
(1) Research, development, or testing of new or modified [T.D. ATF–387, 62 FR 8378, Feb. 25, 1997, as amended by ATF–11F, 73 FR
57242, Oct. 2, 2008]
explosive materials;
(2) Training in explosives detection or development or § 555.185 Criminal sanctions.
testing of explosives detection equipment; or Any person who violates the provisions of 18 U.S.C. 842(l)–(o)
(3) Forensic science purposes; or shall be fined under title 18, U.S.C., imprisoned for not more than
(b) Was plastic explosive that, by April 24, 1999, will be or is 10 years, or both.
incorporated in a military device within the territory of the [T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]
United States and remains an integral part of such military
device, or is intended to be, or is incorporated in, and remains an § 555.186 Seizure or forfeiture.
integral part of a military device that is intended to become, or Any plastic explosive that does not contain a detection agent in
has become, the property of any agency of the United States violation of 18 U.S.C. 842(l)–(n) is subject to seizure and
performing military or police functions (including any military forfeiture, and all provisions of 19 U.S.C. 1595a, relating to
reserve component) or the National Guard of any State, wherever seizure, forfeiture, and disposition of merchandise introduced or
such device is located. For purposes of this paragraph, the term attempted to be introduced into the U.S. contrary to law, shall
“military device” includes, but is not restricted to, shells, bombs, extend to seizures and forfeitures under this subpart. See § 72.27
projectiles, mines, missiles, rockets, shaped charges, grenades, of this chapter for regulations on summary destruction of plastic
perforators, and similar devices lawfully manufactured exclu- explosives that do not contain a detection agent.
sively for military or police purposes. [T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]

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

48
 Subpart K—Storage
§ 555.201 General. § 555.202 Classes of explosive materials.
(a) Section 842(j) of the Act and § 555.29 of this part require For purposes of this part, there are three classes of explosive
that the storage of explosive materials by any person must be in materials. These classes, together with the description of explo-
accordance with the regulations in this part. Further, section 846 sive materials comprising each class, are as follows:
of this Act authorizes regulations to prevent the recurrence of (a) High explosives. Explosive materials which can be caused
accidental explosions in which explosive materials were involved. to detonate by means of a blasting cap when unconfined, (for
The storage standards prescribed by this subpart confer no right example, dynamite, flash powders, and bulk salutes). See also
or privileges to store explosive materials in a manner contrary to § 555.201(e).
State or local law. (b) Low explosives. Explosive materials which can be caused to
(b) The Director may authorize alternate construction for deflagrate when confined (for example, black powder, safety
explosives storage magazines when it is shown that the alternate fuses, igniters, igniter cords, fuse lighters, and “display fire-
magazine construction is substantially equivalent to the standards works” classified as UN0333, UN0334, or UN0335 by the U.S.
of safety and security contained in this subpart. Any alternate Department of Transportation regulations at 49 CFR 172.101,
explosive magazine construction approved by the Director prior except for bulk salutes).
to August 9, 1982, will continue as approved unless notified in (c) Blasting agents. (For example, ammonium nitrate-fuel oil
writing by the Director. Any person intending to use alternate and certain water-gels (see also § 555.11).
magazine construction shall submit a letter application to the
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–293, 55 FR
Director, Industry Operations for transmittal to the Director, 3722, Feb. 5, 1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998]
specifically describing the proposed magazine. Explosive
materials may not be stored in alternate magazines before the § 555.203 Types of magazines.
applicant has been notified that the application has been For purposes of this part, there are five types of magazines.
approved. These types, together with the classes of explosive materials, as
defined in § 555.202, which will be stored in them, are as
(c) A licensee or permittee who intends to make changes in his
follows:
magazines, or who intends to construct or acquire additional
magazines, shall comply with § 555.63. (a) Type 1 magazines. Permanent magazines for the storage of
high explosives, subject to the limitations prescribed by
(d) The regulations set forth in §§ 555.221 through 555.224
§§ 555.206 and 555.213. Other classes of explosive materials may
pertain to the storage of display fireworks, pyrotechnic composi-
also be stored in type 1 magazines.
tions, and explosive materials used in assembling fireworks and
articles pyrotechnic. (b) Type 2 magazines. Mobile and portable indoor and outdoor
magazines for the storage of high explosives, subject to the
(e) The provisions of § 555.202(a) classifying flash powder and
limitations prescribed by §§§ 555.206, 555.208(b), and 555.213.
bulk salutes as high explosives are mandatory after March 7,
Other classes of explosive materials may also be stored in type 2
1990: Provided, that those persons who hold licenses or permits
magazines.
under this part on that date shall, with respect to the premises
covered by such licenses or permits, comply with the high (c) Type 3 magazines. Portable outdoor magazines for the
explosives storage requirements for flash powder and bulk salutes temporary storage of high explosives while attended (for exam-
by March 7, 1991. ple, a “day-box”), subject to the limitations prescribed by
§§ 555.206 and 555.213. Other classes of explosives materials
(f) Any person who stores explosive materials shall notify the
may also be stored in type 3 magazines.
authority having jurisdiction for fire safety in the locality in
which the explosive materials are being stored of the type, (d) Type 4 magazines. Magazines for the storage of low
magazine capacity, and location of each site where such explosive explosives, subject to the limitations prescribed by
materials are stored. Such notification shall be made orally before §§§ 555.206(b), 555.210(b), and 555.213. Blasting agents may be
the end of the day on which storage of the explosive materials stored in type 4 magazines, subject to the limitations prescribed
commenced and in writing within 48 hours from the time such by §§§ 555.206(c), 555.211(b), and 555.213. Detonators that will
storage commenced. not mass detonate may also be stored in type 4 magazines,
(Paragraph (f) approved by the Office of Management and subject to the limitations prescribed by §§§ 555.206(a),
Budget under control number 1140–0071) 555.210(b), and 555.213.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–293, 55 FR (e) Type 5 magazines. Magazines for the storage of blasting
3722, Feb. 5, 1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998; ATF–11F, 73 FR
agents, subject to the limitations prescribed by §§§ 555.206(c),
57242, Oct. 2, 2008]
555.211(b), and 555.213.
49
§ 555.204 Inspection of magazines. § 555.207 Construction of type 1 magazines.
Any person storing explosive materials shall inspect his A type 1 magazine is a permanent structure: a building, an
magazines at least every seven days. This inspection need not be igloo or “Army-type structure”, a tunnel, or a dugout. It is to be
an inventory, but must be sufficient to determine whether there bullet-resistant, fire-resistant, weather-resistant, theft-resistant,
has been unauthorized entry or attempted entry into the maga- and ventilated.
zines, or unauthorized removal of the contents of the magazines. (a) Buildings. All building type magazines are to be constructed
§ 555.205 Movement of explosive materials. of masonry, wood, metal, or a combination of these materials, and
All explosive materials must be kept in locked magazines have no openings except for entrances and ventilation. The
meeting the standards in this subpart unless they are: ground around building magazines must slope away for drainage
or other adequate drainage provided.
(a) In the process of manufacture; (1) Masonry wall construction. Masonry wall construc-
(b) Being physically handled in the operating process of a tion is to consist of brick, concrete, tile, cement block, or cinder
licensee or user; block and be not less than 6" in thickness. Hollow masonry units
(c) Being used; or used in construction must have all hollow spaces filled with well-
tamped, coarse, dry sand or weak concrete (at least a mixture of
(d) Being transported to a place of storage or use by a licensee one part cement and eight parts of sand with enough water to
or permittee or by a person who has lawfully acquired explosive dampen the mixture while tamping in place). Interior walls are to
materials under § 555.106. be constructed of, or covered with, a nonsparking material.
§ 555.206 Location of magazines. (2) Fabricated metal wall construction. Metal wall
construction is to consist of sectional sheets of steel or aluminum
(a) Outdoor magazines in which high explosives are stored must not less than number 14-gauge, securely fastened to a metal
be located no closer to inhabited buildings, passenger railways, framework. Metal wall construction is either lined inside with
public highways, or other magazines in which high explosives brick, solid cement blocks, hardwood not less than four inches
are stored, than the minimum distances specified in the table of thick, or will have at least a six inch sand fill between interior and
distances for storage of explosive materials in § 555.218. exterior walls. Interior walls are to be constructed of, or covered
(b) Outdoor magazines in which low explosives are stored must with, a nonsparking material.
be located no closer to inhibited buildings, passenger railways, (3) Wood frame wall construction. The exterior of outer
public highways, or other magazines in which explosive materi- wood walls is to be covered with iron or aluminum not less than
als are stored, than the minimum distances specified in the table number 26-gauge. An inner wall of, or covered with nonsparking
of distances for storage of low explosives in § 555.219, except material will be constructed so as to provide a space of not less
that the table of distances in § 555.224 shall apply to the storage than six inches between the outer and inner walls. The space is to
of display fireworks. The distances shown in § 555.219 may not be filled with coarse, dry sand or weak concrete.
be reduced by the presence of barricades. (4) Floors. Floors are to be constructed of, or covered with,
(c) (1) Outdoor magazines in which blasting agents in a nonsparking material and shall be strong enough to bear the
quantities of more than 50 pounds are stored must be located no weight of the maximum quantity to be stored. Use of pallets
closer to inhabited buildings, passenger railways, or public covered with a nonsparking material is considered equivalent to a
highways than the minimum distances specified in the table of floor constructed of or covered with a nonsparking material.
distances for storage of explosive materials in § 555.218. (5) Foundations. Foundations are to be constructed of
(2) Ammonium nitrate and magazines in which blasting brick, concrete, cement block, stone, or wood posts. If piers or
agents are stored must be located no closer to magazines in posts are used, in lieu of a continuous foundation, the space under
which high explosives or other blasting agents are stored than the the buildings is to be enclosed with metal.
minimum distances specified in the table of distances for the (6) Roof. Except for buildings with fabricated metal roofs,
separation of ammonium nitrate and blasting agents in § 555.220. the outer roof is to be covered with no less than number 26-guage
However, the minimum distances for magazines in which iron or aluminum, fastened to at least 7⁄8" sheathing.
explosives and blasting agents are stored from inhabited build- (7) Bullet-resistant ceilings or roofs. Where it is possible
ings, etc., may not be less than the distances specified in the table for a bullet to be fired directly through the roof and into the
of distances for storage of explosives materials in § 555.218. magazine at such an angle that the bullet would strike the
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–293, 55 FR
explosives within, the magazine is to be protected by one of the
3722, Feb. 5, 1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998] following methods:

50
 (i) A sand tray lined with a layer of building paper, § 555.208 Construction of type 2 magazines.
plastic, or other nonporous material, and filled with not less than A type 2 magazine is a box, trailer, semitrailer, or other mobile
four inches of coarse, dry sand, and located at the tops of inner facility.
walls covering the entire ceiling area, except that portion neces-
(a) Outdoor magazines—
sary for ventilation.
(1) General. Outdoor magazines are to be bullet-resistant,
(ii) A fabricated metal roof constructed of 3⁄16" plate
fire-resistant, weather-resistant, theft-resistant, and ventilated.
steel lined with four inches of hardwood. (For each additional 1⁄16"
They are to be supported to prevent direct contact with the
of plate steel, the hardwood lining may be decreased one inch.)
ground and, if less than one cubic yard in size, must be securely
(8) Doors. All doors are to be constructed of not less than
fastened to a fixed object. The ground around outdoor magazines
1
⁄4" plate steel and lined with at least two inches of hardwood.
must slope away for drainage or other adequate drainage
Hinges and hasps are to be attached to the doors by welding,
provided. When unattended, vehicular magazines must have
riveting or bolting (nuts on inside of door). They are to be
wheels removed or otherwise effectively immobilized by kingpin
installed in such a manner that the hinges and hasps cannot be
locking devices or other methods approved by the Director.
removed when the doors are closed and locked.
(2) Exterior construction. The exterior and doors are to be
(9) Locks. Each door is to be equipped with (i) two mortise
constructed of not less than 1⁄4" steel and lined with at least two
locks; (ii) two padlock fastened in separate hasps and staples; (iii)
inches of hardwood. Magazines with top openings will have lids
a combination of a mortise lock and a padlock; (iv) a mortise lock
with water-resistant seals or which overlap the sides by at least
that requires two keys to open; or (v) a three-point lock. Padlocks
one inch when in a closed position.
must have at least five tumblers and a casehardened shackle of at
(3) Hinges and hasps. Hinges and hasps are to be attached
least 3⁄8" diameter. Padlocks must be protected with not less than
to doors by welding, riveting, or bolting (nuts on inside of door).
1
⁄4" steel hoods constructed so as to prevent sawing or lever action
Hinges and hasps must be installed so that they cannot be
on the locks, hasps, and staples. These requirements do not apply
removed when the doors are closed and locked.
to magazine doors that are adequately secured on the inside by
(4) Locks. Each door is to be equipped with (i) two mortise
means of a bolt, lock, or bar that cannot be actuated from the
locks; (ii) two padlocks fastened in separate hasps and staples;
outside.
(iii) a combination of a mortise lock and a padlock; (iv) a mortise
(10) Ventilation. Ventilation is to be provided to prevent
lock that requires two keys to open; or (v) a three-point lock.
dampness and heating of stored explosive materials. Ventilation
Padlocks must have at least five tumblers and a case-hardened
openings must be screened to prevent the entrance of sparks.
shackle of at least 3⁄8" diameter. Padlocks must be protected with
Ventilation openings in side walls and foundations must be offset
not less than 1⁄4" steel hoods constructed so as to prevent sawing
or shielded for bullet-resistant purposes. Magazines having
or lever action on the locks, hasps, and staples. These require-
foundation and roof ventilators with the air circulating between
ments do not apply to magazine doors that are adequately secured
the side walls and the floors and between the side walls and the
on the inside by means of a bolt, lock, or bar that cannot be
ceiling must have a wooden lattice lining or equivalent to prevent
actuated from the outside.
the packages of explosive materials from being stacked against
the side walls and blocking the air circulation. (b) Indoor magazines—
(11) Exposed metal. No sparking material is to be exposed (1) General. Indoor magazines are to be fire-resistant and
to contact with the stored explosive materials. All ferrous metal theft-resistant. They need not be bullet-resistant and weather-
nails in the floor and side walls, which might be exposed to resistant if the buildings in which they are stored provide protec-
contact with explosive materials, must be blind nailed, counter- tion from the weather and from bullet penetration. No indoor
sunk, or covered with a nonsparking lattice work or other non- magazine is to be located in a residence or dwelling. The indoor
sparking material. storage of high explosives must not exceed a quantity of 50
pounds. More than one indoor magazine may be located in the
(b) Igloos, “Army-type structures”, tunnels, and dugouts.
same building if the total quantity of explosive materials stored
Igloo, “Army-type structure”, tunnel, and dugout magazines are to
does not exceed 50 pounds. Detonators must be stored in a
be constructed of reinforced concrete, masonry, metal, or a
separate magazine (except as provided in § 555.213) and the total
combination of these materials. They must have an earthmound
quantity of detonators must not exceed 5,000.
covering of not less than 24" on the top, sides and rear unless the
(2) Exterior construction. Indoor magazines are to be
magazine meets the requirements of paragraph (a)(7) of this
constructed of wood or metal according to one of the following
section. Interior walls and floors must be constructed of, or
specifications:
covered with, a nonsparking material. Magazines of this type are
(i) Wood indoor magazines are to have sides,
also to be constructed in conformity with the requirements of
bottoms and doors constructed of at least two inches of hardwood
paragraph (a)(4) and paragraphs (a)(8) through (11) of this
and are to be well braced at the corners. They are to be covered
section.
with sheet metal of not less than number 26-gauge (.0179 inches).
51
Nails exposed to the interior of magazines must be countersunk. § 555.210 Construction of type 4 magazines.
(ii) Metal indoor magazines are to have sides, A type 4 magazine is a building, igloo or “Army-type struc-
bottoms and doors constructed of not less than number 12-gauge ture”, tunnel, dugout, box, trailer, or a semitrailer or other mobile
(.1046 inches) metal and be lined inside with a nonsparking magazine.
material. Edges of metal covers must overlap sides at least one (a) Outdoor magazines—
inch. (1) General. Outdoor magazines are to be fire-resistant,
(3) Hinges and hasps. Hinges and hasps are to be attached weather-resistant, and theft-resistant. The ground around outdoor
to doors by welding, riveting, or bolting (nuts on inside of door). magazines must slope away for drainage or other adequate
Hinges and hasps must be installed so that they cannot be drainage be provided. When unattended, vehicular magazines
removed when the doors are closed and locked. must have wheels removed or otherwise be effectively immobi-
(4) Locks. Each door is to be equipped with (i) two mortise lized by kingpin locking devices or other methods approved by
locks; (ii) two padlocks fastened in separate hasps and staples; the Director.
(iii) a combination of a mortise lock and a padlock; (iv) a mortise (2) Construction. Outdoor magazines are to be
lock that requires two keys to open; or (v) a three-point lock. constructed of masonry, metal-covered wood, fabricated metal, or
Padlocks must have at least five tumblers and a case-hardened a combination of these materials. Foundations are to be con-
shackle of at least 3⁄8" diameter. Padlocks must be protected with structed of brick, concrete, cement block, stone, or metal or wood
not less than 1⁄4" steel hoods constructed so as to prevent sawing posts. If piers or posts are used, in lieu of a continuous founda-
or lever action on the locks, hasps, and staples. Indoor magazines tion, the space under the building is to be enclosed with fire-
located in secure rooms that are locked as provided in this resistant material. The walls and floors are to be constructed of,
subparagraph may have each door locked with one steel padlock or covered with, a nonsparking material or lattice work. The
(which need not be protected by a steel hood) having at least five doors must be metal or solid wood covered with metal.
tumblers and a case-hardened shackle of at least 3⁄8" diameter, if (3) Hinges and hasps. Hinges and hasps are to be attached
the door hinges and lock hasp are securely fastened to the to doors by welding, riveting, or bolting (nuts on inside of door).
magazine. Hinges and hasps must be installed so that they cannot be
These requirements do not apply to magazine doors that are removed when the doors are closed and locked.
adequately secured on the inside by means of a bolt, lock, or bar (4) Locks. Each door is to be equipped with (i) two
that cannot be actuated from the outside. mortise locks; (ii) two padlocks fastened in separate hasps and
(c) Detonator boxes. Magazines for detonators in quantities of staples; (iii) a combination of a mortise lock and a padlock; (iv) a
100 or less are to have sides, bottoms and doors constructed of mortise lock that requires two keys to open; or (v) a three-point
not less than number 12-gauge (.1046 inches) metal and lined lock. Padlocks must have at least five tumblers and case-
with a nonsparking material. Hinges and hasps must be attached hardened shackle of at least 3⁄8" diameter. Padlocks must be
so they cannot be removed from the outside. One steel padlock protected with not less than 1⁄4" steel hoods constructed so as to
(which need not be protected by a steel hood) having at least five prevent sawing or lever action on the locks, hasps, and staples.
tumblers and a case-hardened shackle of at least 3⁄8" diameter is These requirements do not apply to magazine doors that are
sufficient for locking purposes. adequately secured on the inside by means of a bolt, lock, or bar
that cannot be actuated from the outside.
§ 555.209 Construction of type 3 magazines.
A type 3 magazine is a “day-box” or other portable magazine. (b) Indoor magazine—
It must be fire-resistant, weather-resistant, and theft-resistant. A (1) General. Indoor magazines are to be fire-resistant and
type 3 magazine is to be constructed of not less than number 12- theft-resistant. They need not be weather-resistant if the buildings
gauge (.1046 inches) steel, lined with at least either 1⁄2" plywood in which they are stored provide protection from the weather. No
or 1⁄2" Masonite-type hardboard. Doors must overlap sides by at indoor magazine is to be located in a residence or dwelling. The
least one inch. Hinges and hasps are to be attached by welding, indoor storage of low explosives must not exceed a quantity of 50
riveting or bolting (nuts on inside). One steel padlock (which pounds. More than one indoor magazine may be located in the
need not be protected by a steel hood) having at least five same building if the total quantity of explosive materials stored
tumblers and a case-hardened shackle of at least 3⁄8" diameter is does not exceed 50 pounds. Detonators that will not mass
sufficient for locking purposes. Explosive materials are not to be detonate must be stored in a separate magazine and the total
left unattended in type 3 magazines and must be removed to type number of electric detonators must not exceed 5,000.
1 or 2 magazines for unattended storage. (2) Construction. Indoor magazines are to be constructed
of masonry, metal-covered wood, fabricated metal, or a combina-
tion of these materials. The walls and floors are to be constructed
of, or covered with, a nonsparking material. The doors must be
metal or solid wood covered with metal.
52
 (3) Hinges and hasps. Hinges and hasps are to be attached These requirements do not apply to magazine doors that are
to doors by welding, riveting, or bolting (nuts on inside of door). adequately secured on the inside by means of a bolt, lock, or bar
Hinges and hasps must be installed so that they cannot be that cannot be actuated from the outside.
removed when the doors are closed and locked. (5) Placards. The placards required by Department of
(4) Locks. Each door is to be equipped with (i) two mortise Transportation regulations at 49 CFR part 172, subpart F, for the
locks; (ii) two padlocks fastened in separate hasps and staples; transportation of blasting agents shall be displayed on all maga-
(iii) a combination of a mortise lock and padlock; (iv) a mortise zines.
lock that requires two keys to open; or (v) a three-point lock. (b) Indoor magazines—
Padlocks must have at least five tumblers and a case-hardened (1) General. Indoor magazines are to be theft-resistant.
shackle of at least 3⁄8" diameter. Padlocks must be protected with They need not be weather-resistant if the buildings in which they
not less than 1⁄4" steel hoods constructed so as to prevent sawing are stored provide protection from the weather. No indoor
or lever action on the locks, hasps, and staples. Indoor magazines magazine is to be located in a residence or dwelling. Indoor
located in secure rooms that are locked as provided in this magazines containing quantities of blasting agents in excess of 50
subparagraph may have each door locked with one steel padlock pounds are subject to the requirements of § 555.206 of this
(which need not be protected by a steel hood) having at least five subpart.
tumblers and a case-hardened shackle of at least 3⁄8" diameter, if (2) Construction. The doors are to be constructed of wood
the door hinges and lock hasp are securely fastened to the or metal.
magazine. These requirements do not apply to magazine doors (3) Hinges and hasps. Hinges and hasps are to be attached
that are adequately secured on the inside by means of a bolt, lock, to doors by welding, riveting, or bolting (nuts on inside). Hinges
or bar that cannot be actuated from the outside. and hasps must be installed so that they cannot be removed when
§ 555.211 Construction of type 5 magazines. the doors are closed and locked.
A type 5 magazine is a building, igloo or “Army-type struc- (4) Locks. Each door is to be equipped with (i) two mortise
ture”, tunnel, dugout, bin, box, trailer, or a semitrailer or other locks; (ii) two padlocks fastened in separate hasps and staples;
mobile facility. (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.
(a) Outdoor magazines— Padlocks must have at least five tumblers and a case-hardened
(1) General. Outdoor magazines are to be weather-resistant shackle of at least 3⁄8" diameter. Padlocks must be protected with
and theft-resistant. The ground around magazines must slope not less than 1⁄4" steel hoods constructed so as to prevent sawing
away for drainage or other adequate drainage be provided. When or lever action on the locks, hasps, and staples. Indoor magazines
unattended, vehicular magazines must have wheels removed or located in secure rooms that are locked as provided in this
otherwise be effectively immobilized by kingpin locking devices subparagraph may have each door locked with one steel padlock
or other methods approved by the Director. (which need not be protected by a steel hood) having at least five
(2) Construction. The doors are to be constructed of solid tumblers and a case-hardened shackle of at least 3⁄8" diameter, if
wood or metal. the door hinges and lock hasps are securely fastened to the
(3) Hinges and hasps. Hinges and hasps are to be attached magazine and to the door frame. These requirements do not apply
to doors by welding, riveting, or bolting (nuts on inside of door). to magazine doors that are adequately secured on the inside by
Hinges and hasps must be installed so that they cannot be means of a bolt, lock, or bar that cannot be actuated from the
removed when the doors are closed and locked. outside.
(4) Locks. Each door is to be equipped with (i) two mortise
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–298, 55 FR
locks; (ii) two padlocks fastened in separate hasps and staples; 21863, May 30, 1990]
(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. § 555.212 Smoking and open flames.
Padlocks must have at least five tumblers and a case-hardened Smoking, matches, open flames, and spark producing devices
shackle of at least 3⁄8" diameter. Padlocks must be protected with are not permitted:
not less than 1⁄4" steel hoods constructed so as to prevent sawing (a) In any magazine;
or lever action on the locks, hasps, and staples. Trailers, semitrail-
(b) Within 50 feet of any outdoor magazine; or
ers, and similar vehicular magazines may, for each door, be
locked with one steel padlock (which need not be protected by a (c) Within any room containing an indoor magazine.
steel hood) having at least five tumblers and a case-hardened
§ 555.213 Quantity and storage restrictions.
shackle of at least 3⁄8" diameter, if the door hinges and lock hasp
are securely fastened to the magazine and to the door frame. (a) Explosive materials in excess of 300,000 pounds or detona-
tors in excess of 20 million are not to be stored in one magazine
unless approved by the Director.
53
(b) Detonators are not to be stored in the same magazine with and maintenance of magazines must have no spark-producing
other explosive materials, except under the following circum- metal parts, and may be kept in magazines. Floors stained by
stances: leakage from explosive materials are to be cleaned according to
(1) In a type 4 magazine, detonators that will not mass instructions of the explosives manufacturer. When any explosive
detonate may be stored with electric squibs, safety fuse, shock material has deteriorated it is to be destroyed in accordance with
tube, igniters, and igniter cord. the advice or instructions of the manufacturer. The area surround-
(2) In a type 1 or type 2 magazine, detonators may be ing magazines is to be kept clear of rubbish, brush, dry grass, or
stored with delay devices and any of the items listed in para- trees (except live trees more than 10 feet tall), for not less than 25
graph (b)(1) of this section. feet in all directions. Volatile materials are to be kept a distance of
[T.D. ATF–487, 68 FR 3748, Jan. 24, 2003, as amended by ATF 15F, 75 FR not less than 50 feet from outdoor magazines. Living foliage
3163, Jan. 20, 2010] which is used to stabilize the earthen covering of a magazine need
not be removed.
§ 555.214 Storage within types 1, 2, 3, and 4
magazines. § 555.216 Repair of magazines.
(a) Explosive materials within a magazine are not to be placed Before repairing the interior of magazines, all explosive
directly against interior walls and must be stored so as not to materials are to be removed and the interior cleaned. Before
interfere with ventilation. To prevent contact of stored explosive repairing the exterior of magazines, all explosive materials must
materials with walls, a nonsparking lattice work or other be removed if there exists any possibility that repairs may produce
nonsparking material may be used. sparks or flame. Explosive materials removed from magazines
under repair must be (a) placed in other magazines appropriate for
(b) Containers of explosive materials are to be stored so that
the storage of those explosive materials under this subpart, or (b)
marks are visible. Stocks of explosive materials are to be stored
placed a safe distance from the magazines under repair where they
so they can be easily counted and checked upon inspection.
are to be properly guarded and protected until the repairs have
(c) Except with respect to fiberboard or other nonmetal been completed.
containers, containers of explosive materials are not to be
unpacked or repacked inside a magazine or within 50 feet of a § 555.217 Lighting.
magazine, and must not be unpacked or repacked close to other (a) Battery-activated safety lights or battery-activated safety
explosive materials. Containers of explosive materials must be lanterns may be used in explosives storage magazines.
closed while being stored.
(b) Electric lighting used in any explosives storage magazine
(d) Tools used for opening or closing containers of explosive must meet the standards prescribed by the “National Electrical
materials are to be of nonsparking materials, except that metal Code,” (National Fire Protection Association, NFPA 70–81), for
slitters may be used for opening fiberboard containers. A wood the conditions present in the magazine at any time. All electrical
wedge and a fiber, rubber, or wooden mallet are to be used for switches are to be located outside of the magazine and also meet
opening or closing wood containers of explosive materials. the standards prescribed by the National Electrical Code.
Metal tools other than nonsparking transfer conveyors are not to
(c) Copies of invoices, work orders or similar documents which
be stored in any magazine containing high explosives.
indicate the lighting complies with the National Electrical Code
§ 555.215 Housekeeping. must be available for inspection by ATF officers.
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

54
§ 555.218 Table of distances for storage of explosive materials.

Quantity of Explosives Distances in feet

Passenger railways-public
Public highways with traffic
highways with traffic volume
Pounds Pounds Inhabited buildings volume 3000 or fewer Separation of magazines
more than 3,000 vehicles/
over not over vehicles/day
day
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
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.
55
 Notes to the Table of Distances for Storage of Explosives considered as one magazine, and the total quantity of explosives
(1) Terms found in the table of distances for storage of stored in such group must be treated as if stored in a single
explosive materials are defined in § 555.11. magazine located on the site of any magazine of the group, and
(2) When two or more storage magazines are located on must comply with the minimum of distances specified from other
the same property, each magazine must comply with the magazines, inhabited buildings, railways, and highways.
minimum distances specified from inhabited buildings, rail- (3) All types of blasting caps in strengths through No. 8 cap
ways, and highways, and, in addition, they should be separated should be rated at 1 1⁄2 lbs. (1.5 lbs.) of explosives per 1,000 caps.
from each other by not less than the distances shown for For strengths higher than No. 8 cap, consult the manufacturer.
“Separation of Magazines,” except that the quantity of explo- (4) For quantity and distance purposes, detonating cord of
sives contained in cap magazines shall govern in regard to the 50 or 60 grains per foot should be calculated as equivalent to 9
spacing of said cap magazines from magazines containing other lbs. of high explosives per 1,000 feet. Heavier or lighter core
explosives. If any two or more magazines are separated from loads should be rated proportionately.
each other by less than the specified “Separation of Magazines” [T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF–400, 63 FR
45003, Aug. 24, 1998; T.D. ATF–446, 66 FR 16602, Mar. 27, 2001; T.D. ATF–
distances, then such two or more magazines, as a group, must be
446a, 66 FR 19089, Apr. 13, 2001]

§ 555.219 Table of distances for storage of low explosives.

Pounds From Inhabited building From public railroad and From above ground
Over Not over distance (feet) highway distance (feet) magazine (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

Table: Department of Defense Ammunition and Explosives Standards, Table 5–4.1 Extract; 4145.27 M, March 1969

56
§ 555.220 Table of separation distances of ammonium nitrate and blasting agents from explosives or
blasting agents.
Minimum separation distance of acceptor from donor
Donor weight (pounds)
when barricaded (feet) Minimum thickness of artificial
barricades (inches)
Over Not over Ammonium nitrate Blasting agent

0 100 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 resistant magazines or where the storage is protected by a bullet-
explosion of ammonium nitrate and ammonium nitrate-based resistant wall, distances and barricade thicknesses in excess of
blasting agents by propagation from nearby stores of high those prescribed in the table in § 555.218 are not required.
explosives or blasting agents referred to in the table as the (3) These distances apply to ammonium nitrate that passes
“donor.” Ammonium nitrate, by itself, is not considered to be a the insensitivity test prescribed in the definition of ammonium
donor when applying this table. Ammonium nitrate, ammonium nitrate fertilizer issued by the Fertilizer Institute. 1Ammonium
nitrate-fuel oil or combinations thereof are acceptors. If stores of nitrate failing to pass the test must be stored at separation
ammonium nitrate are located within the sympathetic detonation distances in accordance with the table in § 555.218.
distance of explosives or blasting agents, one-half the mass of the
1
 Definition and Test Procedures for Ammonium Nitrate Fertilizer, Fertilizer
Institute 425 Third Street, SW, Suite 950, Washington, D.C. 20024.
ammonium nitrate is to be included in the mass of the donor.
(4) These distances apply to blasting agents which pass the
(2) When the ammonium nitrate and/or blasting agent is
insensitivity test prescribed in regulations of the U.S. Department
not barricaded, the distances shown in the table must be multi-
of Transportation (49 CFR part 173).
plied by six. These distances allow for the possibility of high
(5) Earth or sand dikes, or enclosures filled with the
velocity metal fragments from mixers, hoppers, truck bodies,
prescribed minimum thickness of earth or sand are acceptable
sheet metal structures, metal containers, and the like which may
artificial barricades. Natural barricades, such as hills or timber of
enclose the “donor.” Where explosives storage is in bullet-

57
sufficient density that the surrounding exposures which require A maximum of 500 pounds of in-process pyrotechnic compositions, either
4 

loose or in partially-assembled fireworks, is permitted in any fireworks process

protection cannot be seen from the “donor” when the trees are building. Finished display fireworks may not be stored in a fireworks process
bare of leaves, are also acceptable. building.
(6) For determining the distances to be maintained from A maximum of 10 pounds of flash powder, either in loose form or in
5 

assembled units, is permitted in any fireworks process building. Quantities in

inhabited buildings, passenger railways, and public highways, use excess of 10 pounds must be kept in an approved magazine.
the table in § 555.218.
[T.D. ATF–293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR
45004, Aug. 24, 1998]
§ 555.221 Requirements for display fireworks,
pyrotechnic compositions, and explosive § 555.223 Table of distances between fireworks
materials used in assembling fireworks or articles process buildings and other specified areas.
pyrotechnic.
Net weight of fireworks1 Display fireworks1 Consumer fireworks2
(a) Display fireworks, pyrotechnic compositions, and explosive (pounds) (feet) (feet)
materials used to assemble fireworks and articles pyrotechnic 0-100 200 25
shall be stored at all times as required by this Subpart unless they 101-200 200 50
are in the process of manufacture, assembly, packaging, or are 201-300 200 50
301-400 200 50
being transported. 401-500 200 50
Above 500 Not permitted Not permitted
(b) No more than 500 pounds (227 kg) of pyrotechnic composi-
tions or explosive materials are permitted at one time in any Distance from Passenger Railways, Public Highways, Fireworks Plant
fireworks mixing building, any building or area in which the Buildings used to Store Consumer Fireworks and Articles Pyrotechnic,
Magazines and Fireworks Shipping Buildings, and Inhabited Buildings.3,4,5
pyrotechnic compositions or explosive materials are pressed or
otherwise prepared for finishing or assembly, or any finishing or
1
 Net weight is the weight of all pyrotechnic compositions, and explosive
materials and fuse only.
assembly building. All pyrotechnic compositions or explosive 2
 While consumer fireworks or articles pyrotechnic in a finished state are not
materials not in immediate use will be stored in covered, non- subject to regulation, explosive materials used to manufacture or assemble such
ferrous containers. fireworks or articles are subject to regulation. Thus, fireworks process buildings
where consumer fireworks or articles pyrotechnic are being processed shall meet
(c) The maximum quantity of flash powder permitted in any these requirements.
3
 This table does not apply to the separation distances between fireworks process
fireworks process building is 10 pounds (4.5 kg). buildings (see § 555.222) and between magazines (see §§ 555.218 and 555.224).
(d) All dry explosive powders and mixtures, partially assembled
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.
display fireworks, and finished display fireworks shall be  5 No work of any kind, except to place or move items other than explosive
removed from fireworks process buildings at the conclusion of a materials from storage, shall be conducted in any building designated as a
day's operations and placed in approved magazines. warehouse. A fireworks plant warehouse is not subject to § 555.222 or this section,
tables of distances.
[T.D. ATF–293, 55 FR 3722, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR
45004, Aug. 24, 1998] [T.D ATF–293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR
45004, Aug. 24, 1998]
§ 555.222 Table of distances between fireworks
§ 555.224 Table of distances for the storage of
process buildings and between fireworks process
display fireworks (except bulk salutes).
and fireworks nonprocess buildings.
Distance between magazine Distance
Net weight
Net weight of fireworks1 Display fireworks2 Consumer fireworks3 and inhabited building, between
of fireworks1
(pounds) (feet) (feet) passenger railway, or public magazines2  3
(pounds)
highway3  4 (feet) (feet)
0-100 57 37
101-200 69 37 0-1000 150
100
201-300 77 37 1,001-5,000 230
150
301-400 85 37 5,001-10,000 300
200
401-500 91 37 Above 10,000 Use Table § 555.218
Above 500 Not permitted4   5
Not permitted4  5

Net weight is the weight of all pyrotechnic compositions, and explosive

1 

 Net weight is the weight of all pyrotechnic compositions, and explosive

1 
materials and fuse only.
materials and fuse only. For the purposes of applying this table, the term “magazine” also includes
2 

2 The distances in this column apply only with natural or artificial barricades. fireworks shipping buildings for display fireworks.
If such barricades are not used, the distances must be doubled. For fireworks storage magazines in use prior to (30 days from the date of
3 

3 While consumer fireworks or articles pyrotechnic in a finished state are not publication of the final rule in the Federal Register), the distances in this table
subject to regulation, explosive materials used to manufacture or assemble such may be halved if properly barricaded between the magazine and potential
fireworks or articles are subject to regulation. Thus, fireworks process buildings receptor sites.
where consumer fireworks or articles pyrotechnic are being processed shall meet This table does not apply to the storage of bulk salutes. Use table at § 555.218.
4 

these requirements.
[T.D. ATF–293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF–400, 63 FR
45004, Aug. 24, 1998]
58
Questions and Answers (Revised 1/07)
18 U.S.C. Chapter 40 and 27 CFR Part 555

Introduction Industry Operations. Also, please be aware that both

the law and regulations are subject to change. Please
The following list of Questions and Answers are
contact your local ATF office for the most up-to-date
intended to aid you in gaining a better understanding
information. You can also find the latest Federal
of:
explosives regulations on the ATF website:
www.atf.gov/.
18 U.S.C. Chapter 40—Importation,
Manufacture, Distribution and Storage of Unless otherwise stated, these Questions and Answers
Explosive Materials and the implementing apply only to Federal law and regulations. States and
regulations issued within: local jurisdictions have, in many cases, enacted their
own requirements relating to explosives. Check with
27 CFR Part 555—Commerce in Explosives appropriate State or local authorities for information
on those requirements. Compliance with Federal law
This listing is not all-inclusive. However it contains and regulations does not exempt any person from
some of the most frequently asked questions that ATF compliance with any State or local requirements.
receives. These questions and answers are intended
only as a general overview. To determine how the law A Table of Contents and a Subject Index have been
and regulations apply to your specific circumstances, included for your convenience. The Index is located at
you must refer directly to the applicable law and the end of the Questions and Answers section.
regulation or contact your local ATF Office of

Table of Contents

General Questions 1–27

Licenses and Permits 28–61
Record keeping requirements 62–71
Storage requirements 72–87
Fireworks 88–95
Plastic Explosives 96–103
U.S. Military Explosives 104–106

59
General Questions 6. What other distributions of explosive mate-
rials by licensees and permittees are prohibited?
1. Who is affected by the Federal explosives A licensee or permittee shall not knowingly distribute any
explosive materials to any person who:
law?
The law affects all persons who import, manufacture, deal in, (a) Is not a licensee [18 U.S.C. 842(b), 27 CFR 555.105,
purchase, use, store, or possess explosive materials. It also affects 555.106];
those who ship, transport or cause to be transported, or receive (b) Is not a holder of a user permit [18 U.S.C. 842(b); 27 CFR
explosive materials. Also, see 18 U.S.C. 845 and 27 CFR 555.141 555.105, 555.106];
for exemptions.
(c) Is not a holder of a limited permit who resides in the same
2. What changes were brought about by the State where distribution is made and in which premises of the
Safe Explosives Act? transferor are located. [18 U.S.C. 842(b); 27 CFR 555.105,
Among other things, the Act mandated that all persons who 555.106];
wish to receive or transport explosive materials must first obtain a (d) The licensee has reason to believe intends to transport such
Federal explosives license or permit. In addition, the act imposed explosive materials into a State where the purchase, possession,
new restrictions on who may lawfully receive and possess or use of explosive materials is prohibited or which does not
explosive materials (See question 4). All Federal explosive permit its residents to transport or ship explosive materials into
licensees and permittees and their responsible persons and the State or to receive explosive materials in the State. [18 U.S.C.
employees authorized to possess explosives are affected by the 842(c); 27 CFR 555.106]
new requirements and background checks mandated by the Act.
(e) Is in any State where the purchase, possession, or use by
3. Can I obtain general information from ATF such person of such explosive materials would be in violation of
on the Internet? any State law or any published ordinance applicable at the place
Yes. ATF maintains a website on the Internet at www.atf.gov/. of distribution. [18 U.S.C. 842(e); 27 CFR 555.106(b)(2)]

4. Does the law make some classes of per- 7. Does Federal law prohibit certain persons
sons ineligible to receive a Federal license to from receiving or possessing explosive materials?
import, manufacture, or deal in explosive materi- Yes. The law prohibits the receipt or possession of explosive
als or to receive a Federal explosives permit? materials by any person listed in question 4. [18 U.S.C. 842(i); 27
Yes. A license or permit will not be issued to any person who: CFR 555.26, 555.49(b)]
(a) Is under indictment for, or who has been convicted in any 8. May a licensed manufacturer, importer, or
court, of a crime punishable by imprisonment for a term exceed- dealer distribute explosive materials to nonlicens-
ing one year; ees and nonpermittees?
(b) Is a fugitive from justice; No. Every person who receives explosive materials must first
obtain a Federal explosives license or permit. Distribution of
(c) Is an unlawful user of or addicted to any controlled substance
explosive materials to persons who do not hold a license or
(as defined in section 102 of the Controlled Substances Act
permit is unlawful. Also, see 18 U.S.C. 845 and 27 CFR 555.141
(21 U.S.C. 802));
for exemptions. [18 U.S.C. 842(a), 842(b); 27 CFR 555.26(a),
(d) Has been adjudicated a mental defective or who has been 555.106]
committed to a mental institution;
9. Does Federal law provide penalties for
(e) Is an alien (with certain exceptions);
purchasers who give false information at the time
(f) Has been discharged from the armed forces under dishonor- of purchasing explosive materials?
able conditions; or, Yes. The penalty for knowingly providing false information or
(g) Having been a citizen of the United States, has renounced his misrepresented identification is a maximum 10 years’ imprison-
citizenship. [18 U.S.C. 842(i), 843(b)(1); 27 CFR 555.49(b)(2)(i)] ment and/or a fine not exceeding $250,000. [18 U.S.C. 842(a)(2),
844(a)]
5. Are there classes of persons to whom the
distribution of explosive materials by licensees is
prohibited?
Yes. No person shall knowingly distribute explosive materials
to any individual listed in Question 4, or to an individual who is
under 21 years of age. [18 U.S.C. 842(d); 27 CFR 555.26(d)]

60
 10. Is the theft of explosive materials, as well 13. May ATF conduct warrantless inspections
as the possession of stolen explosive materials, a of licensees’ and permittees’ records of explosives
Federal crime? materials, stocks of such materials, and maga-
Yes. It is a Federal crime for any person to steal any explosive zines?
materials. It is also a Federal crime for any person to receive, Except for limited permit holders, any ATF officer may,
possess, transport, ship, conceal, store, barter, sell, dispose of, or without a warrant, enter during business hours the premises,
pledge or accept as security for a loan any stolen explosive including places of storage, of any licensee or permittee for the
materials. [18 U.S.C. 842(h), 844(k), (l)] purpose of inspecting or examining any records or documents
required to be kept by the law and regulations and any explosive
11. Are thefts and losses of explosive materi-
materials kept or stored at the premises. For inspection purposes,
als required to be reported to ATF?
“business hours” includes hours during which business is actually
Yes. Any licensee or permittee who has knowledge of the theft
conducted, not just those hours stated on license applications. Any
or loss of any explosive materials from his or her stock shall,
licensee or permittee who refuses to permit the inspection or
within 24 hours of discovery, report the theft or loss by telephon-
examination is subject to having his or her license or permit
ing 800-461-8841 (Monday–Friday 8:00 a.m.–5:00 p.m. Eastern
revoked, as well as to denial of an application to renew the license
Time) or 888-283-2662 (after hours and weekends) (nationwide
or permit. For limited permit holders, an ATF officer may inspect
toll free number) and on ATF Form 5400.5, “Report of Theft or
the places of storage for explosive materials of either an applicant
Loss—Explosive Materials”, in accordance with the instructions
for a limited permit or at the time of renewal of such permit, but
on the form. The theft or loss shall also be reported to appropriate
in no event shall such inspection occur more than once every
local authorities. The same requirements are imposed upon
three years. [18 U.S.C. 843(b)(4), 18 U.S.C. 843(f)]
persons other than licensees and permittees, except that nonli-
censees and nonpermittees, other than carriers, need not report a 14. Will ATF investigate accidents involving
theft or loss on Form 5400.5, but must report the theft or loss by explosive materials?
telephone, using the same numbers: 800-461-8841 (Monday– ATF is authorized to inspect the site of any accident or fire
Friday 8:00 a.m.–5:00 p.m. Eastern Time) or 888-283-2662 (after where there is reason to believe that explosive materials were
hours and weekends) and in writing to the nearest ATF office. involved. Other Federal agencies, or State or local agencies, may
The theft or loss shall also be reported to appropriate local also investigate such incidents, depending on the circumstances.
authorities. Carriers of explosive materials must report a theft or [18 U.S.C. 846(a); 27 CFR 555.31]
loss by telephone but need not make the report on the ATF form
or in writing. See 27 CFR 555.30 for the specific information
15. Is black powder subject to regulation under
required to be reported in connection with a theft or loss. Federal explosives laws?
[18 U.S.C. 842(k), 18 U.S.C. 844(p); 27 CFR 555.30] Black powder is an explosive material for purposes of Federal
explosives laws and regulations. However, the law exempts from
12. My company holds a Federal explosives regulation commercially manufactured black powder in quantities
license and after conducting an inventory of our not exceeding 50 pounds (as well as percussion caps, safety and
explosives on hand, we noticed one case of pyrotechnic fuses, quills, quick and slow matches, and friction
dynamite missing. After double-checking all Daily primers) intended to be used solely for sporting, recreational, or
Summaries of Magazine Transactions, invoices, cultural purposes in antique firearms as defined in 18 U.S.C.
and delivery sheets, we still cannot reconcile the 921(a)(16) or in antique devices exempted from the term
discrepancy. What are we required to do? “destructive device” in 18 U.S.C. 921(a)(4). However, persons
This should be considered a theft or loss of explosive materials. engaged in the business of importing, manufacturing, or dealing
As stated in the answer to Question 11, you must report the theft in black powder in any quantity must have a Federal explosives
or loss of explosive materials, within 24 hours of discovery, to license. [18 U.S.C. 841(c), 841(d), 845(a)(5); 27 CFR 555.11:
ATF by telephone (toll free: 800-461-8841 (Monday–Friday 8:00 definitions of “explosives” and “explosive materials”, 555.141(b)]
a.m.–5:00 p.m. Eastern Time) or 888-283-2662 (after hours and 16. Is small arms ammunition subject to regula-
weekends). ATF Form 5400.5, “Report of Theft or Loss— tion under Federal explosives laws?
Explosive Materials”, must then be completed and forwarded in No. The law specifically exempts small arms ammunition and
accordance with the instructions on the form. [18 U.S.C. 842(k); components thereof. (See also Question 81.) [18 U.S.C.
27 CFR 555.30] 845(a)(4)]

61
 17. Are binary explosives subject to regulation 22. ATF regulations require explosive materials
under Federal explosives laws? to be stored at certain minimum distances from a
Until the compounds are mixed, they are not classified as “public highway”. What is a “public highway” for
explosives and, therefore, are not subject to control. However, purposes of the regulations?
once mixed, binary explosives are “explosive materials” and are The term “highway” is defined in 27 CFR 555.11 as “any
subject to all applicable Federal requirements. A person who public street, public alley, or public road, including a privately
mixes or combines compounds of binary explosives for the financed, constructed, or maintained road that is regularly and
purpose of sale or distribution or for the person’s own business openly traveled by the general public.” Privately financed,
use is a “manufacturer” of explosive materials and must be constructed, or maintained roads that are marked and barricaded
licensed as a manufacturer under the law. [18 U.S.C. 841(h); 27 in a manner that prevents access by the general public do not fall
CFR 555.11: definition of “manufacturer”] within the meaning of the term and would, therefore, be exempt
18. Does ATF have any regulations governing from table of distance requirements. [27 CFR 555.11: definition
of “highway”] (See also ATF Ruling 2005–2)
the actual transportation of explosive materials?
Federal explosives laws and regulations generally prohibit any 23. Is an airport runway or taxiway considered
person from transporting explosive materials interstate or a public highway for purposes of the Table of
intrastate unless the person has a Federal explosives license or Distances for storage of explosive materials?
permit. Also, the transportation of stolen explosives materials is a No. However, airport terminals are considered inhabited
Federal crime (see also Question 10). However, the law exempts buildings for Table of Distance requirements.
from regulation under 18 U.S.C. Chapter 40 and 27 CFR Part 555
aspects of the transportation of explosive materials via railroad, 24. How is shock tube regulated by ATF?
water, highway, or air which are regulated by the United States Shock tube contains highly explosive material. However, it may
Department of Transportation, and the Department of Homeland be stored as a low explosive when not attached to a detonator. [27
Security, and agencies thereof and which pertain to safety and CFR 555.202(b), 555.213]
security. [18 U.S.C. 842(a)(3), 842(h), 845(a)(1); 27 CFR 555.26, 25. What is an EX number?
555.28, 555.141(a)(1)] An EX number is a number, preceded by the prefix “EX–”,
19. Are common or contract carriers required which is issued and used by the Department of Transportation
to obtain a Federal explosives license or permit to (DOT) to identify an explosive which has been tested and
transport explosive materials? classified by DOT. See U.S. Department of Transportation
No. The actual transportation of explosive materials by carriers regulations at 49 CFR 171.8 and 49 CFR 173.56.
is subject to Department of Transportation or Department of 26. What is a UN number?
Homeland Security regulations. [18 U.S.C. 845(a)(1); 27 CFR A UN (United Nations) number is used by DOT as a method of
555.141(a)(1)] identification and classification of products for shipping
20. What is the “Explosives List”? purposes. UN numbers are different from the hazard class or
The Explosives List is a comprehensive (but not all-inclusive) division designations used by DOT (for example, 1.1, 1.2, 1.3,
listing of explosive materials which have been determined to be 1.4, and 1.5). ATF regulations in 27 CFR Part 555 also use UN
within the coverage of Chapter 40. The list is published annually numbers to help identify certain explosives. [27 CFR 555.11]
by ATF (the most recent list can be found under the Arson & 27. Can Federal explosives disabilities result-
Explosives Publications link on the ATF website). [18 U.S.C. ing from a conviction of a crime punishable by
841(d); 27 CFR 555.23] imprisonment for a term exceeding one year be
21. May a person under the age of 21 be law- removed if the conviction is expunged or set aside
fully employed by an explosives business and or the convicted person has received a pardon for
lawfully receive, possess, and use explosive the offense or has had his or her civil rights
materials on behalf of the business? restored?
Yes. Federal explosives law prohibits any person from distribut- A person convicted of, or under indictment for, a “crime
ing explosive materials to persons under 21 years of age. punishable by imprisonment for a term exceeding one year” may
However, it does not prohibit the delivery to or possession of not lawfully receive or possess explosive materials or be issued a
explosive materials by persons under the age of 21 who are Federal explosives license or permit. The term “crime punishable
receiving or using the materials on behalf of their employers to by imprisonment for a term exceeding one year” does not include
whom the materials were lawfully sold. [18 U.S.C. 842(d), (i); 27 offenses pertaining to antitrust violations, unfair trade practices,
CFR 555.11 (definition of “distribute”), 555.26, 555.106(b)(1)] restraints of trade, or any State offense (other than one involving
62
a firearm or explosive) classified as a misdemeanor and punish- (h) None of the applicant’s employees authorized to possess
able by imprisonment for 2 years or less. There are only 3 means explosives are prohibited persons under 18 U.S.C. 842(i); and
by which Federal explosives disabilities resulting from a convic-
(i) In the case of an applicant for a limited permit, the applicant
tion of, or indictment for, a “crime punishable by imprisonment
has certified that the applicant will not receive explosive materi-
for a term exceeding one year” can be removed:
als on more than 6 occasions during the 12-month period for
(a) A decision of a court invalidating a conviction on the basis which the limited permit is valid.
that the conviction was unconstitutional;
30. What activities are covered by licenses and
(b) In the case of a Federal conviction, a presidential pardon; and
permits?
(c) The granting of relief from Federal explosives disabilities by Licenses allow persons to engage in the business of importing,
ATF pursuant to the filing of a relief application with the Director. manufacturing, or dealing in explosive materials. Any individual
Information on how to apply for relief and contact information for or business entity intending to engage in any of these activities
the Relief of Disabilities Section is available on the ATF website. must first obtain a license. A user permit allows the receipt and
[18 U.S.C. 841(l), 842(d),(i), 845(b); 27 CFR 555.11: definition transportation of explosive materials. A limited permit allows the
of “crime punishable by imprisonment for a term exceeding one receipt of explosive materials from a licensee or permittee within
year”, 555.26(c), 555.142] the permittee’s state of residence only, and on no more than six
occasions in the 12-month period during which the limited permit
Licenses and Permits is valid. A limited permit does not authorize the receipt or
transportation of explosive materials in interstate or foreign
28. Who needs a Federal explosives license or commerce. [27 CFR 555.11: definitions of “importer”, “manu-
permit? facturer”, “dealer”, “limited permit”, and “user permit”, 555.41]
All persons who wish to transport, ship, cause to be transported, A separate license is needed for each business premises where an
or receive explosive materials must first obtain a Federal explo- explosives business or activity is conducted. Only a single user
sives license or permit. Certain exemptions apply. [18 U.S.C. permit is needed by a permittee who uses explosives in more than
842(b); 18 U.S.C. 845; 27 CFR 555.26(a), 27 CFR 555.141] one location. [27 CFR 555.41]

29. Who is eligible for a Federal explosives 31. What is a Limited Permit?
license or permit? A limited permit is for persons who wish to transport, ship,
The Chief, Federal Explosives Licensing Center, will approve a cause to be transported, or receive explosive materials in intra-
properly completed application for a license or permit on ATF state commerce only. This permit is designed for the infrequent
Form 5400.13/5400.16 if the applicant: receipt of explosive materials by intrastate users. The limited
permit will allow a purchaser to receive explosive materials on no
(a) Is not a person prohibited from possessing or receiving
more than six separate occasions from in-state licensees or
explosive materials under 18 U.S.C. 842(i) and none of the
permittees during the 12-month period of the permit. The limited
applicant’s “responsible persons” are prohibited under section
permit does not allow the holder to transport, ship, cause to be
842(1); (see also Question 4 in General Q&A);
transported, or receive explosive materials in interstate
(b) Has not willfully violated any provision of Chapter 40 or the commerce.
regulations in 27 CFR Part 555;
32. What is the duration of a license or permit?
(c) Has not knowingly withheld information or has not made any
false or fictitious statement intended or likely to deceive, in (a) A user license or permit is valid for a period of 3 years.
connection with the application, (b) The user-limited permit is valid only for a single purchase
(d) Has premises in a State from which he intends to conduct transaction.
business or operations; (c) Limited permits are valid for no more than six separate
(e) Has storage for the class (as described in 27 CFR 555.202) receipts of explosive materials during a 12-month period.
of explosive materials described on the application; [27 CFR 555.51]
(f) Has certified in writing that he is familiar with and under- 33. What are the fees for licenses and permits?
stands all published State laws and local ordinances relating to Each license applicant must pay a fee of $200 for obtaining a
explosive materials for the location in which he intends to do 3-year license, a separate license and fee being required for each
business; business premises. The fee for renewal of a license is $100 for a
(g) Has submitted the certificate required by section 21 of the 3-year license. [27 CFR 555.42]
Federal Water Pollution Control Act, as amended (33 U.S.C.
1341) [18 U.S.C. 843(b); 27 CFR 555.49(b)];
63
 Each applicant for a user permit must pay a fee of $100 for a 3- 38. How do I apply for a Federal explosives
year permit, and each applicant for a user-limited permit (nonre- license or permit?
newable) must pay a fee of $75. The fee for renewal of a user You can request an application for a Federal explosives license
permit is $50 for a 3-year permit. [27 CFR 555.43] Each appli- or permit from the Federal Explosives Licensing Center at 877-
cant for a limited permit must pay a fee of $25 for a 1-year 283-3352 or from the ATF Distribution Center at 202-648-6420.
limited permit. The fee for renewal of a limited permit is $12 for a As part of the application process, you must complete and submit
1-year limited permit. [27 CFR 555.43] an ATF Form 5400.13/5400.16, Application for Explosives
34. Will the Government investigate an applica- License or Permit. You must also submit the names, identifying
information, fingerprints, and photographs of all responsible
tion for a license or permit?
persons. In addition, you must submit the names and identifying
ATF will investigate any applicant before issuing a license or
information of all employees who are authorized to possess
permit. Additionally, ATF must inspect places of storage and
explosive materials in the course of their employment on ATF
conduct background checks on responsible persons and employee
Form 5400.28, Employee Possessor Questionnaire. [27 CFR
possessors authorized to possess explosives [18 U.S.C. 843(b); 18
555.45(c)]
U.S.C. 843(h); 27 CFR 555.33, 27 CFR 555.49(b)]
35. What may a licensed explosives dealer do? 39. Who is a “responsible person”?
Federal explosives laws define a “responsible person” as an
A licensed dealer may engage in the business of distributing
individual who has the power to direct the management and
explosive materials at wholesale or retail [27 CFR 555.11:
policies of the applicant pertaining to explosive materials.
definition of “dealer”]
Responsible persons generally include sole proprietors and
36. What may a licensed explosives importer explosives facility site managers. In the case of a corporation,
do? association, or similar organization, responsible persons generally
A licensed importer may engage in the business of importing or include only those corporate directors/officers, and stockholders,
bringing explosive materials into the United States for purposes who have the power to direct management and policies as they
of sale or distribution. It is not necessary for a licensed importer pertain to explosive materials.
to also obtain a dealer’s license to engage in business on his or her For example, a corporate vice president whose duties include
licensed premises as a dealer in explosive materials (see also acquiring and approving contracts with explosives distributors
Question 52 and 53) [27 CFR 555.11: definition of “importer”, would be considered a responsible person. Other corporate
27 CFR 555.41(b)(2)] officials whose duties do not include the power to direct the
management and policies of the applicant pertaining to explosive
37. When is a manufacturer’s license required?
materials, for example, a vice president responsible solely for
A manufacturer’s license is required by persons engaged in the
human resources, would not typically be considered a responsible
business of manufacturing explosive materials for sale, distribu-
person. Each applicant for a license or permit must assess the
tion, or for their own business use. For example, persons engaged
corporate and other management responsibilities for all key
in the business of providing a blasting service using explosives of
personnel and determine whether or not these duties place the
their own manufacture would be required to have a manufacturer’s
individual in the position of being a responsible person. [18 U.S.C.
license. Persons who manufacture explosives for their personal,
841(s), 27 CFR 555.11: definition of “responsible person”]
non-business use are not required to have a manufacturer’s
license. However, no person may ship, transport, cause to be 40. Who is a “possessor of explosives”?
transported, or receive explosive materials unless such person A possessor of explosives is any employee of a license or permit
holds a license or permit. [27 CFR 555.11: definition of “manu- holder or any employee of an applicant for a license or permit who
facturer”, 555.41(b)] A separate manufacturer’s license is not has or will have actual physical possession of explosive materials
required by a licensed manufacturer for the purpose of on-site or who has or will have constructive possession of explosive
manufacture, for example, mixing binary explosives or making materials. For example, persons who physically handle explosive
blasting agents at a quarry or other job site. It is not necessary for materials would be considered to be actual possessors of explosive
a licensed manufacturer to also obtain a dealer’s license to engage materials. This would include employees who directly handle
in business on his or her licensed premises as a dealer in explo- explosive materials as part of the production process; employees
sive materials (see also Question 52 and 53) [27 CFR 555.11: who handle explosive materials in order to ship, transport, or sell
definition of “manufacturer”, 555.41(b)(2)] them; and employees, such as blasters and their helpers who

64
actually use explosive materials. A constructive possessor is any explosives. These notices must be retained as part of the license or
person who has access to explosive materials, without physically permit holders permanent records. In addition, letters of clearance
handling them. For example, a supervisor at a construction site or denial will be issued directly to responsible persons and
who keeps keys for storage magazines in which explosives are employee possessors. [27 CFR 555.33]
stored or who directs the use of explosive materials by other
45. What notification will I receive if one of my
employees has constructive possession of explosives.
responsible persons or employee possessors
41. Why is it necessary to provide new and does not pass their ATF background check?
additional information on responsible persons If an individual does not pass the background check, a letter
and employee possessors of explosives? will be sent to the licensee or permittee who submitted the
The law requires this information for ATF to conduct back- individual’s name indicating that the individual was denied. A
ground checks on all responsible persons and employee possess- letter will also be sent to that individual explaining the prohibition
ors to restrict the availability of explosives to authorized persons and outlining appeal and relief procedures, as may be applicable.
only and to reduce the risk of prohibited persons acquiring Unless and until an appeal overturns the denial or relief from
explosive materials. [18 U.S.C. 843(h); 27 CFR 555.33, disabilities is granted, that individual may not lawfully possess
555.45(c)] explosives. [27 CFR 555.33]
42. When will I need to submit the identifying 46. Who will conduct the background checks
information for my responsible persons and on applicants, responsible persons, and possess-
employee possessors of explosives? ors?
(a) All license and permit applicants and any renewal applicants ATF will perform the background checks. If employers wish to
must submit identifying information for responsible persons and require their own background checks as a condition of employ-
employee possessors (and fingerprints and photographs for ment, they may do so. However, such a background check will not
responsible persons) upon submission of an original or renewal be accepted in place of the ATF background check. [27 CFR
application. 555.33]

(b) Any new responsible person added after a license or permit 47. May I sell black powder without a license?
has been issued by ATF must be reported to ATF within 30 days. No. Anyone who engages in the business of selling black
However, the submission of fingerprints and photographs by the powder, regardless of quantity, must be licensed as an explosives
new responsible person is required only at the time of any dealer. [27 CFR 555.41(b)]
subsequent renewal.
48. Is a manufacturer’s license required to
(c) For all licenses and permits (new and renewal), any new acquire and mix binary explosives?
employee possessors must be reported to ATF within 30 days of If the individual purchasing the binary explosives is engaged in
hire on the Employee Possessor Questionnaire form (ATF F the business of manufacturing explosives, i.e., mixes and uses
5400.28). [27 CFR 555.45(c), 27 CFR 555.57(b)] them in the operation of a commercial business (for example,
43. How do I get my fingerprints taken? operating a quarry, or providing the service of removing stumps
Fingerprints must be submitted on Fingerprint Identification or boulders from a farm field), then a manufacturer’s license is
Cards, FD–258 that have been issued by ATF. The fingerprint required.
cards must contain the following ORI information: WVATF0900; An individual farmer who merely wishes to mix the binary
ATF–NATL EXPL LIC, MARTINSBURG WV. These fingerprint explosives to remove obstacles from his field and provides no
cards may be obtained by contacting the Federal Explosives other outside service would not need a manufacturer’s license.
Licensing Center at 877-283-3352 or the ATF Distribution Center Please note, however: A Federal explosives license or permit
at 202-648-6420. The fingerprint cards must be completed by would be required to obtain any explosive device, such as detona-
your local law enforcement authority. tors, used to initiate the mixed binary explosives. In addition,
transportation of any explosive material, including mixed binary
44. Will ATF notify me whether or not my explosives, without a Federal license or permit is prohibited. [27
responsible persons and employee possessors CFR 555.11: Definition of “manufacturer”; 27 CFR 555.26,
have passed their background checks? 555.41(b)]
Yes. A “Notification of Clearance” will be issued directly to all
49. What is theatrical flash powder and is there
license or permit holders advising whether their responsible
persons and employee possessors have been cleared to possess
a license for its manufacture?
Theatrical flash powder is flash powder commercially manufac-
explosive materials, or are or may be prohibited from possessing
tured in premeasured kits not exceeding 1 ounce in weight, and
mixed immediately prior to use and intended for use in events
65
such as theatrical shows, stage plays, band concerts, magic acts, small arms ammunition, Federal firearms regulations require the
thrill shows, and clown acts in circuses. A manufacturer’s license importer to provide an approved ATF Form 6 to the CBP. [27 CFR
allows on-site manufacturers to operate nationally on one license 555.41(b)(2), 555.41(b)(3), 447.21, 555.108(a), 555.183,
issued to their principal place of business. [27 CFR 555.11: 478.113]
definitions of “flash powder” and “theatrical flash powder”,
55. How may an employee of an explosives
555.41(b)]
licensee or permittee qualify to accept delivery of
50. Is a separate license required for each explosive materials for the employer?
location where business is conducted? The employee must be on the current list of representatives or
Yes. A separate license is required for each location where agents authorized to accept delivery of explosive materials on
business is conducted. However, a separate license is not required behalf of the employer and be an authorized employee possessor
for: of explosives. [27 CFR 555.103(b), 555.105(b)]
(a) Facilities used only for the storage of explosive materials; 56. When an explosives licensee or permittee
(b) Locations used solely for the storage of records relating to sends one of their truck drivers to the distributor’s
the business; and premises to pick up explosive materials that have
(c) Licensed manufacturers’ on-site manufacturing. [27 CFR been purchased by the licensee or permittee, will
555.41(b)] the driver be required to sign any forms?
No, however the driver is required to furnish the seller with an
51. Must a person who engages in the business
identification document as defined in 27 CFR Part 555.11. [27
of both manufacturing and importing at the same CFR 555.103(b), 555.105(b)]
location have both licenses?
Yes. The licenses for manufacturing and importing allow a 57. Will a licensee or permittee be notified in
person to engage in separate and distinct activities and a separate advance when the license or user permit needs to
license is required for each activity. However, a manufacturer or be renewed?
an importer does not need a separate dealer’s license to also Generally, prior to expiration of the license or permit, a licensee
distribute explosive materials from the licensed premises. [27 or permittee will be notified. The application form must be
CFR 555.41(b)] completed and filed with ATF before expiration of the current
license or permit for the renewal to be considered timely.
52. Does a licensed manufacturer, importer, or
However, if a licensee or permittee does not receive a renewal
dealer need a permit to use explosive materials? notification, it is still that licensee’s or permittee’s responsibility
No. No licensee will be required to obtain a user permit to to ensure that an application is filed prior to expiration of the
lawfully transport, ship, or receive explosive materials in inter- current license or permit. [27 CFR 555.46]
state or foreign commerce. [27 CFR 555.41(b)(2)]
58. I have timely filed my application for renew-
53. Does a Federal license or permit exempt
al of my license (or user’s permit) but I have not
the holder from State or local requirements?
received my new license (or permit). May I con-
No. A license or permit confers no right or privilege to conduct
tinue in business even though the expiration date
business or operations, including storage, contrary to State or
other law. All legal requirements must be followed, whether
shown on my license or permit has passed? If so,
Federal, State, or local. [18 U.S.C. 848; 27 CFR 555.62] for how long?
Yes. You may continue to operate the business pursuant to your
54. Who is authorized to import explosive current license or permit until the application for renewal is acted
materials? upon. [5 U.S.C. 558]
Any licensed importer is authorized to engage in the business
of importing explosive materials for sale, distribution, or their
59. Can a license or permit be revoked?
Yes. The Director, Industry Operations for the ATF Field
own use. Any licensed manufacturer, dealer, or holder of a user
Division in which a licensee or permittee is located may revoke a
permit may import explosive materials for their own use only.
license or permit if the holder has violated any provision of 18
Licensees and user permittees importing explosive materials must
U.S.C. Chapter 40 or its implementing regulations or has become
provide to the U.S. Customs and Border Protection (CBP) a copy
ineligible to receive explosive materials under 18 U.S.C. 842(i).
of the license or permit. Note, however, that in the case of certain
[18 U.S.C. 843(d); 27 CFR 555.71, 555.74]
military explosives or propellant powder or other components of

66
 60. If a Federal explosives licensee or permit- 64. Must a licensee or permittee maintain a
tee is indicted for or convicted of a “crime punish- daily summary of magazine transactions?
able by imprisonment for a term exceeding one Yes. After the initial inventory required by regulations has been
year”, may he or she continue operations under taken, the inventory shall be entered in a record of daily transac-
the license or permit? tions. Not later than the close of the next business day, each
As stated in the answer to Question 4 in General Q&A, a licensee and permittee shall record by manufacturer’s name or
person under indictment for, or convicted of, a crime punishable brand name the total quantity received in and removed from each
by imprisonment for a term exceeding one year is not eligible to magazine during the day and the total remaining on hand at the
be issued a license or permit. However, a licensee or permittee end of the day. [27 CFR 555.127]
who is indicted for, or convicted of, such a crime during the term 65. Where must a licensee or permittee keep
of his or her existing license or permit is not barred from licensed the daily summary of magazine transactions?
or permit operations for 30 days after the date of the indictment The records must either be kept at each magazine or at one
or the date the conviction becomes final. If the licensee or central location on the business premises, provided a separate
permittee files an application for relief from disabilities within record of daily transactions is maintained for each magazine. [27
such 30-day period, he or she may continue licensed or permit CFR 555.127]
operations while the application is pending. If a relief application
is not filed during that period, the licensee or permittee may not 66. How can I obtain additional copies of ATF
continue operations beyond such 30-day period. The right of a Forms?
licensee to continue licensed or permitted operations beyond such Forms are available on-line at http://www.atf.gov/forms/
30-day period is also conditioned on the licensee or permittee explosives/. Requests for forms should be mailed to the ATF
timely filing a license or permit renewal application disclosing Distribution Center, 1519 Cabin Branch Drive, Landover, MD
that the applicant has been indicted for, or convicted of, the 20785. You may also have forms mailed to you by submitting an
crime. A licensee or permittee may not continue operations on-line request at http://www.atf.gov/forms/dcof/, or by telephon-
beyond 30 days following the date the Director issues notification ing your request to (202) 648-6420. [27 CFR 555.21(b)]
that the relief application has been denied. [18 U.S.C. 845(b);
67. Does a purchaser of black powder have to
27 CFR 555.142]
sign any forms at the time of purchase?
61. May a licensed dealer make a sale to a If 50 pounds or less of commercially manufactured black
holder of a limited permit in an adjoining State? powder is being purchased, and the powder is intended to be used
No. Sales may not be made to limited permittees who are out- solely for sporting, recreational, or cultural purposes in antique
of-State residents. [18 U.S.C. 842(a); 27 CFR 555.11: definition firearms as defined in 18 U.S.C. 921(a)(16) or in antique devices
of “limited permit”, 555.41(b)(3)] exempt from the term “destructive device” in 18 U.S.C. 921(a)(4),
no form is required. However, if the black powder is being
Recordkeeping purchased for any other purpose (regardless of quantity), the
purchaser or other transferee must possess a Federal explosives
62. Does a licensee or permittee have to keep license or permit. [18 U.S.C. 845(a)(5); 18 U.S.C. 926(c); 27 CFR
records of the acquisition, distribution, and stor- 555.141(b), 555.26(a)]
age of explosive materials? 68. Is there a requirement for licensees and
Yes. Licensees and permittees must keep records of acquisi- permittees to make an annual inventory of explo-
tions, dispositions, and storage of explosive materials. [18 U.S.C.
sive materials on hand?
842(f), 847; 27 CFR 555.107, 555.122–.125, and 555.127,
Yes. An inventory is required to be taken at least once a year.
Subpart G]
[27 CFR 555.122–.125]
63. How do licensees and permittees account
for explosive quantities in their records?
If acquisitions are recorded by weight, then distribution must
also be recorded by weight. If acquisitions are recorded by
physical count (e.g., by units), then distribution must also be
recorded by physical count. [27 CFR 555.122–.125]

67
 69. When must ATF Form 5400.4, “Limited (c) Blasting agents (for example, ammonium nitrate-fuel oil and
Permittee Transaction Report (LPTR)”, be certain water gels). [27 CFR 555.202]
executed? 74. May a person store explosive materials in a
Before distribution of explosive materials to a limited residence or dwelling?
permittee, the licensee or permittee must obtain an executed No. Storage of explosive materials in a residence or dwelling is
ATF F 5400.4 from the limited permittee with an original prohibited. [27 CFR 555.208(b), 555.210(b), 555.211(b)]
unaltered and unexpired Intrastate Purchase of Explosives
Coupon (IPEC) attached. Except when delivery of explosive 75. What is the “Table of Distances”?
materials is made by a common or contract carrier who is an This table lists the minimum acceptable distances separating
agent of the limited permittee, the licensee or permittee must explosives magazines from inhabited buildings, passenger
verify the identity of the holder of the limited permit by examin- railroads, public highways, and other explosives magazines. The
ing an identification document (as defined in 555.11) and noting table is contained in 27 CFR 555.218.
on the ATF F 5400.4 the type of document presented. The
76. When low and high explosives are stored
licensee or permittee must complete the appropriate section on
together, how is the distance determined to meet
ATF F 5400.4 to indicate the type and quantity of explosive
materials distributed, the license or permit number of the seller,
the table of distance requirements?
The table of distances for high explosives at 27 CFR 555.218
and the date of the transaction. The licensee or permittee must
would be applied using the total weight of explosive materials in
sign and date the form. [27 CFR 555.126(b)]
the magazine. [27 CFR 555.218]
70. Do the ATF Forms 5400.4 have to be main-
77. Is it necessary to inspect my explosives
tained by the licensee or permittee making the
magazines on a regular basis?
sale?
Yes. Any person storing explosives must inspect the magazines
Yes. One copy of ATF F 5400.4 must be retained by the seller
at least once every 7 days to determine whether there has been
as part of his permanent records in chronological order by date of
unauthorized entry or attempted entry into the magazines or
disposition, or in alphabetical order by name of limited permittee.
unauthorized removal of the contents of the magazines. [27 CFR
They must be maintained for a period of five years. [27 CFR
555.204]
555.126]
78. What are the requirements for making
71. May I keep computerized records?
Yes. See ATF Ruling 2007–1.
changes or additions to an approved storage
facility?
Storage Making changes in construction to an approved explosives
magazine or adding a magazine requires that ATF be notified.
However, mobile or portable type 5 magazines and magazines
72. Who must comply with the storage require-
used for the temporary (under 24 hours) storage of explosive
ments?
materials are exempt from this requirement. See 27 CFR 555.63
Except for those items and activities given exempt status under
for details.
18 U.S.C. 845 (also see 27 CFR 555.141), or exempted under 27
CFR 555.32, Special Explosives Devices, all persons who store 79. Is any type of black powder fuse exempt
explosive materials must store them in conformity with the from storage requirements?
provisions of Subpart K of the regulations, unless the person or Yes, 3⁄32" and other external burning pyrotechnic hobby fuses
the materials are exempt from regulation. [18 U.S.C. 842(j); 27 are exempt from the requirements of Federal explosives laws and
CFR 555.29, 555.141, 555.201(a)] regulations. [18 U.S.C. 845(a)(4–5); 27 CFR 555.11: definition
of “ammunition”, 555.141(a)(4), 555.141(b)]
73. What are the classes of explosive materials
for storage purposes? 80. With the exception of 3⁄32" pyrotechnic
There are 3 classes of explosive materials: safety fuse for use in small arms, must black
(a) High explosives (for example, dynamite, flash powders, and powder fuses generally be stored in approved
bulk salutes); explosives magazines?
(b) Low explosives (for example, black powder, safety fuses, Yes. Generally igniter fuses, time fuses, blasting fuses, safety
igniters, igniter cords, fuse lighters, and “display fireworks”, fuses, or other black powder fuses by whatever name known,
except for bulk salutes); and must be stored in approved magazines.

68
 81. Is smokeless powder designed for use in 86. Are there storage requirements for
small arms ammunition subject to the explosives oxidizers, such as ammonium nitrate?
storage requirements? In general, no. However, when a magazine or bin containing
Smokeless propellants designed for use in small arms ammuni- ammonium nitrate is located within the sympathetic detonation
tion are exempt from regulation under 18 U.S.C. Chapter 40 and distance of other explosives or blasting agents, it must be stored
the regulations in 27 CFR Part 555. However, it should be noted in accordance with the table of distances in 27 CFR 555.220.
that persons engaged in the business of importing or manufactur-
87. Are State and local government agencies
ing smokeless propellants must have a Federal explosives license.
required to store their explosive materials in
Additionally, smokeless propellant designed for use other than
small arms ammunition is not exempt. Therefore, explosives
conformity with Federal storage regulations?
Yes. There is no exemption in the law or regulations for the
products such as squibs, fireworks, theatrical special effects, or
storage of explosive materials by any State or political subdivi-
other articles that may be utilizing smokeless propellants are
sion thereof. [18 U.S.C. 842(j), 845(a)(6); 27 CFR 555.141(a)(3),
regulated and must be stored accordingly.
(a)(5)]
82. My office building, in which several com-
pany employees work during the day in connec- Fireworks
tion with my explosives business, is located in the
Fireworks are defined in the Federal explosives regulations as
general area of my explosives magazine. Do the any composition or device designed to produce a visible or an
regulations and the Table of Distances apply to audible effect by combustion, deflagration, or detonation.
this building as an “inhabited building”? Fireworks are further divided into two broad classifications,
No. A building such as an office building or repair shop which consumer fireworks or display fireworks as defined at 27 CFR
is part of the premises of an explosives business and is used by Part 555.11.
the business in connection with the manufacture, transportation,
storage, or use of explosive materials is not considered to be an 88. Are “consumer fireworks” subject to regula-
“inhabited building”. [27 CFR 555.11: definition of “inhabited tion under the Federal explosives laws?
building”, 555.218] No. The importation, distribution, and storage of fireworks
defined as consumer fireworks are exempted from the provisions
83. Am I required to notify my State or local of the Federal explosives laws. However, because they contain
authorities about my explosives storage maga- pyrotechnic compositions classed by ATF as explosive materials,
zines? the manufacture of consumer fireworks requires a manufacturer’s
Yes. All persons who store explosive materials must notify the license. In addition, pyrotechnic compositions used in the
fire department having jurisdiction over the site where explosive manufacture of consumer fireworks must be stored in accordance
materials are manufactured or stored. Notification must be made with regulations in 27 CFR Subpart K. Consumer fireworks are
orally by the end of the day on which storage begins and in defined as “any small firework device designed to produce visible
writing within 48 hours from the time storage began. The effects by combustion and which must comply with the construc-
notification must include the type of explosive materials, tion, chemical composition, and labeling regulations of the U.S.
magazine capacity, and the location of each storage site. [27 CFR Consumer Product Safety Commission, as set forth in Title 16,
555.11: Definition of “authority having jurisdiction for fire Code of Federal Regulations, parts 1500 and 1507. Some small
safety”, 27 CFR 555.201(f)] devices designed to produce audible effects are included, such as
84. What is the definition of a “case hardened whistling devices, ground devices containing 50 mg or less of
explosive materials, and aerial devices containing 130 mg or less
shackle?”
of explosive materials. Consumer fireworks are classified as
Case hardening involves putting carbon (or a combination of
fireworks UN0336 and UN0337 by the U.S. Department of
carbon and nitrogen) into the surface of the steel to make it a
Transportation at 49 CFR 172.101. This term does not include
high-carbon steel, which can be hardened by heat treatment. Only
fused set pieces containing components which together exceed 50
the outer skin gets hard in this manner. The center is still tough
mg of salute powder.” [27 CFR 555.11: definition of “consumer
and malleable. This makes for a strong lock with a tough surface.
fireworks”; definition of “licensed manufacturer”, 555.141(a)(7)]
85. Can detonators be stored with detonating
cord?
No. However, products which are manufactured with a detona-
tor attached to the detonating cord as an integral part need not be
disassembled and stored separately. [27 CFR 555.213]

69
 89. Are “display fireworks” considered to be 93. What areas of a fireworks manufacturing
explosive materials subject to regulation under plant are considered to be “fireworks process
Federal explosives laws and regulations? buildings?”
Yes. Display fireworks include, but are not limited to, salutes Fireworks process buildings include any buildings in which
containing more than 2 grains (130 mg) of explosive materials, pyrotechnic compositions or explosives materials are mixed,
aerial shells containing more than 40 grams of pyrotechnic pressed, finished, or assembled. Fireworks process buildings do
compositions (excluding the lift charge), and other display pieces not include plant warehouses, office buildings, or other buildings
which exceed the limits of explosive materials for classification and areas in which no fireworks, pyrotechnic compositions, or
as “consumer fireworks”. These fireworks are classified as explosive materials are processed or stored. [27 CFR 555.11:
fireworks UN0333, UN0334, or UN0335 by regulations of the U. definition of “fireworks process building”]
S. Department of Transportation at 49 CFR 172.101. Display
94. Under what conditions may I temporarily
fireworks also include fused set pieces containing components
which together exceed 50 mg of salute powder. [27 CFR 555.11:
store display fireworks (including low explosives
definition of “display fireworks”] for choreographed shows) on trucks?
See ATF Ruling 2007–2.
90. How must display fireworks be stored?
Display fireworks, with the exception of bulk salutes, are 95. What types of fireworks require an ATF
considered low explosives and, at a minimum, must be stored in license or permit in order to be lawfully transport-
type 4 storage magazines. They may also be stored in type 1 or ed or received?
type 2 magazines. Bulk salutes, which are defined as either salute Any fireworks defined as “display fireworks” in 27 CFR
components prior to final assembly into aerial shells, (or) finished 555.11 may be lawfully received or transported only by persons
salute shells held separately prior to being packed with other who hold a valid license or permit. No ATF license or permit is
types of display fireworks, are classified as high explosives. As required to receive or transport “consumer fireworks” or “articles
such, bulk salutes may only be stored in type 1 or type 2 maga- pyrotechnic”. [18 U.S.C. 842(a)(3); 27 CFR 555.26,
zines specifically constructed for the storage of high explosives. 555.141(a)(7)]
[27 CFR 555.11, 555.202(b), 555.203(d), 555.207, 555.208,
555.210] Plastic Explosives
91. Are “Articles Pyrotechnic” subject to the 96. What is a plastic explosive?
requirements of the Federal explosives regula- A plastic explosive is defined as “an explosive material in
tions? flexible or elastic sheet form formulated with one or more high
The importation, distribution, and storage of fireworks defined explosives which in their pure form has a vapor pressure less than
as “Articles Pyrotechnic”, are exempt from the Federal explosives 10<4> Pa at a temperature of 25 °C, is formulated with a binder
laws and regulations. However, because they contain pyrotechnic material, and is as a mixture malleable or flexible at normal room
compositions classed by ATF as explosive materials, the manufac- temperature.” [18 U.S.C. 841(q); 27 CFR 555.180(d)(4)]
ture of items defined as “articles pyrotechnic” requires an ATF
manufacturer’s license. In addition, pyrotechnic compositions 97. What plastic explosives are required to
used in the manufacture of articles pyrotechnic must be stored in contain detection agents?
accordance with regulations in 27 CFR Subpart K. [27 CFR All plastic explosives manufactured or imported on or after
555.11: definitions of “articles pyrotechnic” and “consumer April 24, 1996, must contain a detection agent. Federal law
fireworks”, 555.141(a)(7)] enforcement agencies and the military may possess unmarked
plastic explosives if they meet the requirements of the use-up
92. Must partially assembled display fireworks period described in Question 103. [18 U.S.C. 841(q), 842(n); 27
be removed from a drying building for overnight CFR 555.180]
storage?
Yes. At the end of a day’s manufacturing operations, all dry 98. What are the permissible detection agents
explosive powders and mixtures and partially assembled and for marking plastic explosives?
finished display fireworks must be removed from fireworks These agents are listed in the law and regulations at 18 U.S.C.
process buildings and stored in a magazine meeting the storage 841(p) and 27 CFR 555.180(d)(3).
requirements in 27 CFR Part 555, Subpart K. [27 CFR 555.205, 99. Is it lawful to manufacture plastic explo-
555.221] sives that do not contain a detection agent?
No. [18 U.S.C. 842(l); 27 CFR 555.180(a)]

70
 100. Is it lawful to import into the United States U.S. Military Explosives
plastic explosives that do not contain a detection
agent? 104. Would an ATF license or permit be needed
No. The importation of plastic explosives into the United to demilitarize (demil) U.S. military explosives?
States requires that the importer file ATF Form 6 certifying that As long as the demil operator has a valid Department of
the imported plastic explosives contain the required detection Defense contract to perform such operations, the operations
agent, or is exempted from the marking requirements as provided would be exempt from 27 CFR Part 555 and no license or permit
in the regulations. [18 U.S.C. 842(m); 27 CFR 555.180(b), would be required. However, if title to the explosive materials has
555.182, 555.183] passed from the military to the demil operator and the operator
101. Is it lawful to ship, transport, transfer, intends to resell the explosives on the commercial market, then
receive, or possess any plastic explosive that such operations may be regulated by ATF (e.g., storage, sales,
manufacturing) and an ATF license or permit may be needed.
does not contain a detection agent?
Contact the nearest ATF field office for further information. [18
No. However, a 15-year use-up period is provided for Federal
U.S.C. 845(a)(3), (a)(6) and 27 CFR 555.141(a)(3), (a)(5)]
law enforcement agencies and the military for unmarked plastic
explosives imported into or manufactured in the U.S. prior to 105. Would a civilian contractor who is manufac-
April 24, 1996. Any stocks of unmarked plastic explosives in turing explosive materials pursuant to a govern-
their possession must be used, destroyed or properly marked by ment contract for or on behalf of the United States
June 21, 2013 [18 U.S.C. 842(n); 27 CFR 555.180(c)] military be entitled to the exemptions from the
102. If a person acquired plastic explosives not explosives laws and regulations?
containing a detection agent before April 24, 1996, Yes, provided that all the explosive materials in question are
may he or she continue to lawfully possess the manufactured under a government contract. Any explosive
explosives? materials manufactured in anticipation of receiving a government
No. With the exception of the use-up period provided by law contract would not qualify for this exemption.
for Federal law enforcement agencies or the military, the time If the contractor manufactures any explosive materials not
period for lawful possession of unmarked plastic explosives pursuant to a U.S. military contract, the manufacture and the
terminated on April 24, 1999. [18 U.S.C. 842(n); 27 CFR explosive materials are subject to all requirements of the law and
555.180(c)] regulations. [18 U.S.C. 845(a)(3), (a)(6); 27 CFR 555.26, 555.41,
555.141(b)]
103. Are police departments exempt from the
prohibition against possessing unmarked plastic 106. Is an ATF licensee or permittee, whose
explosives after April 24, 1999? licensed premises are located on a U.S. military
No. Police departments and other State or local law enforce- installation, subject to the regulations in 27 CFR
ment agencies could lawfully possess unmarked plastic explo- Part 555?
sives acquired on or before April 24, 1996, until April 24, 1999. All activities conducted outside the scope of a U.S. Government
Such agencies still possessing unmarked plastic explosives contract are subject to the requirements of Part 555, even if the
should destroy them or abandon them to ATF. Contact the nearest activities are conducted on property owned by the military. [18 U.
ATF field office for information. [18 U.S.C. 842(n); 27 CFR S.C. 845(a)(3), (a)(6); 27 CFR 555.26, 555.29, 555.41,
555.180(c)(1)] 555.141(a)(3), (a)(5)]

71
Index to Questions and Answers

Accidents, ATF investigations: 14 Manufacturing, license: 30, 37, 48–52

Activities covered by license, permit: see 30, 35–37, 48 Manufacturing, on-site: 37, 50
Age restrictions: 5, 21, 29 Military explosives: 99–101
American Table of Distances: 75 (See also “Storage, table of Plastic explosives, detection agents: 97–99
distance”) Plastic explosives, general: 91–98
Applicability of Federal explosives law: 1 Plastic explosives, requirements: 97, 100–103
Binary explosives: 17, 48 Prohibited distributions: 4–8
Black powder, fuses: 79, 80 Prohibited persons: 4, 5, 7
Black powder, regulated: 15 Prohibited persons, restoration of rights after conviction: 27
Carriers of explosives: 19 Public highway: 22, 23
Conviction: see also Prohibited Persons Purchase by employee of licensee, permittee: 40, 55, 56
Conviction, continuing operations: 60 Recordkeeping, computerized: 71
Department of Transportation numbers: 25, 26 Recordkeeping, forms: 66, 67, 69, 70
Distances, table of: 22, 23, 75, 76 Recordkeeping, requirements: 62–65, 68
Distribution of explosives to prohibited persons: 4, 5, 7 Responsible person: 39, 41, 42
Distribution to nonlicensees/nonpermittees: 6, 8 Shock tube: 24, 80
Employee possessor: 42 Small arms ammunition, regulations: 16, 81
Employees of licensee or permittee, purchase by: 40, 55, 56 Stolen explosives: 10 (see also “Theft”)
Employees under the age of 21: 21 Storage, black powder (fuses): 79, 80
Explosives List: 19 Storage, classes: 73
False information, penalty: 9 Storage, detonators/detonating cord: 85
Forms, ATF F 5400.4, Explosives Transaction Record: 69, 70 Storage, fireworks: 90, 92, 94
Forms, ATF F 5400.5, Report of Theft or Loss of Explosive Storage, inspection by ATF: 13
Materials: 11, 12 Storage, magazine changes: 78
Forms, ATF F 5400.13/5400.16, Application for License or Storage, prohibited in residence: 74
Permit: 38 Storage, required inspection/inventory: 68, 77
Forms, where to order/obtain: 38, 64 Storage, requirements: 72, 75, 78
Fireworks, articles pyrotechnic: 91 Storage, smokeless powder: 81
Fireworks, consumer: 88 Storage, state and local: 87
Fireworks, display: 91, 92, 94, 96, 97 Storage, table of distance: 22, 23, 75, 76, 82
Fireworks, storage: 90, 92, 94 Storage, oxidizers: 86
Importing, explosives: 51, 52, 54 Theatrical flash powder: 49
Importing, license: 8, 30, 36, 51 Theft, loss of explosives: 10–12
Importing, plastic explosives: 100 Theft, reporting: 11
Indictment: see Conviction Transportation of explosives: 18, 19
Interstate commerce: 1, 6, 30 United Nations numbers: 26, 84, 86
Intrastate transportation of explosives: 1, 31 User’s permit (See “License/Permit”)7
License/Permit, applications for: 33, 34, 38, 42, 43
License/Permit, duration of: 31, 32
License/Permit, eligibility: 29
License/Permit, expiration & continuing business: 58
License/Permit, fees: 33
License/Permit, prohibited persons: 29
License/Permit, renewal: 57, 58
License/Permit, required: 28, 32, 37
License/Permit, requirements for multiple locations: 50
License/Permit, revocation: 59
License/Permit, state & local requirements: 30, 37, 47–53
License/Permit, types: 30, 31, 35–37
License/Permit, (user) limited permit: 30, 31
Manufacturing, for own use: 37
72
ATF Explosives Rulings (Revised 3/12)

Table of Contents 1. 27 CFR 181.11: Meaning of Terms

(Also 181.186)
1. ATF Ruling 75–20: Meaning of Terms, “Inhabited
Building” An office or repair shop used in connection with
2. ATF Ruling 75–21: Construction of Storage Facilities by the manufacture, etc., of explosive materials are
the Department of Defense—Concrete Floors not “inhabited buildings.”
3. ATF Ruling 75–31: Meaning of Terms, “Engaged in the
Business” ATF Ruling 75–20
4. ATF Ruling 75–35: Identification of Explosive Materials The Bureau of Alcohol, Tobacco and Firearms has been asked
5. ATF Ruling 76–4: Meaning of Terms, “State of to explain the application of 27 CFR 181.11, as it relates to
Residence” “Inhabited Building.”
6. ATF Ruling 76–10: One Sale with Multiple Deliveries The case in question concerns whether or not a building, such
7. ATF Ruling 76–18: Alternate Magazine Construction as an office or repair shop, which is located on manufacturing
Standards premises closer to facilities approved for the storage of explosive
8. ATF Ruling 77–24: Storage of Electric Blasting Caps materials than permitted by the American Table of Distances, as
with Other Explosive Materials set forth in regulations implementing Title II, Regulation of
9. ATF Ruling 2002–3: Indoor storage of explosives in a Explosives (Chapter 40, Title 18, U.S.C.), is an “inhabited
residence or dwelling building,” as defined in 27 CFR 181.11)
10. ATF Ruling 2002–4: ATF requires approval of variances Regulations in 27 CFR 181.186 and 181.198 set forth provi-
for indoor storage of explosives in business premises sions concerning the location of storage facilities and the mini-
directly adjacent to a residence or dwelling. mum distances such storage facilities may be located from,
11. ATF Ruling 2003–5: Distribution of explosives to limited among other things, “inhabited buildings.”
permittees Regulations in 27 CFR 181.11 define “inhabited building” as
12. 2004–3; Locking Requirements for Indoor Type 4 Storage any building regularly occupied in whole or in part as a habitation
Magazines for human beings, or any church, schoolhouse, railroad station,
13. ATF Ruling 2005–2: ATF provides guidance on three store or other structure where people are accustomed to assemble,
different private roads and whether they are “highways” except any building occupied in connection with the manufacture,
14. ATF Ruling 2005–3: ATF provides guidance on two transportation, storage, or use of explosive materials.
situations involving structures and whether they are These provisions are intended to provide protection to persons
“inhabited buildings” who inhabit buildings located near premises where explosives are
15. ATF Ruling 2007–1: Use of computerized records as manufactured, stored, etc. However, it is the intent of section
required records under 27 CFR 555, Subpart G. 181.11 to except buildings used by the explosives industry in
16. ATF Ruling 2007–2: Temporary storage of display connection with the manufacture, transportation, storage, or use
fireworks in locked and attended motor vehicles; fuel tanks of explosive materials from the table of distance requirements on
located on temporary storage vehicles; notification “inhabited buildings.”
requirements to ATF and local fire officials. Held, a building, such as an office or repair shop, which is a
17. ATF Ruling 2007–3: Storage of blasting agents in mobile part of the premises of an explosives manufacturer and is used in
type 5 magazines (bulk delivery trucks) connection with the manufacture, transportation, storage, or use
18. ATF Ruling 2009–3; Storage of Explosives in Law of explosive materials is not an “inhabited building” as defined in
Enforcement Explosives Response Vehicles 27 CFR 181.11.
19. ATF Ruling 2010–2: Visibility of Marks on Explosives Signed: June 26, 1975
Containers Stored in Magazines
20. ATF Ruling 2010–7: Perforating Gun Storage [Editor’s Note: 27 CFR Part 181 is now 27 CFR Part 555.]
21. ATF Ruling 2011–2: Locking Requirements for Outdoor
Type 5 Bin and Silo Magazines
22. ATF Ruling 2011–3: Alternate Locks Authorized for
Explosives Magazines

73
2. 27 CFR 181.187: Construction of Type 1 If it is determined by the Regional Director that the concrete
Storage Facilities (Also 181.190) floors of Type 1 or Type 4 explosives storage facilities do not meet
the requirements as stated above, he will require such floors to be
Certain explosives storage facilities meeting covered with a nonsparking material, such as epoxy paint or
standards of construction prescribed by the mastic.
Department of Defense Explosives Safety Board Signed: June 26, 1975
for such storage are approved by the Bureau.
[Editor’s Note: 27 CFR Part 181 is now 27 CFR Part 555.]
ATF Ruling 75–21
The Bureau of Alcohol, Tobacco and Firearms has been asked 3. 27 CFR 181.41: General (Also 181.11)
to state its position with respect to concrete floors used in certain
types of explosives storage facilities. Specifically, the question
Certain companies that manufacture explosive
has been raised whether concrete floors of Type 1 storage facili- materials for use in their own operations are
ties manufactured for the Department of Defense and currently required to obtain licenses as manufacturers of
being leased to licensees and permittees for the storage of explosive materials.
commercial explosives may be considered nonsparking under the
provisions of 27 CFR Part 181.
ATF Ruling 75–31
Regulations in 27 CFR 181.187 and 181.190, which implement, The Bureau of Alcohol, Tobacco and Firearms has been asked
in part, title II, Regulation of Explosives (18 U.S.C. Chapter 40), whether certain companies, such as public utility companies that
provide in pertinent part that floors of Type 1 and Type 4 storage manufacture explosives for use in the area of field maintenance
facilities for the storage of explosives shall be constructed of or and construction activities, are “engaged in the business” as
covered with a nonsparking material. manufacturers of explosive materials and as such must obtain the
The Bureau has been advised by the Department of Defense required license for such manufacturers.
Explosives Safety Board that the majority of explosives maga- Under the provisions of 18 U.S.C. 842(a)(1), implemented by
zines constructed for the Department of Defense have smooth the regulations promulgated thereunder (27 CFR 181.41), it is
finished concrete floors and that current Defense Department unlawful to engage in the business of manufacturing explosives
specifications for such magazines have no requirement for without a license. 18 U.S.C. 841(h) defines “manufacturer” as
sparkproof flooring. Although these magazines are approved by “any person engaged in the business of manufacturing explosive
the Board for the storage of all types of explosive materials, the materials for purposes of sale or distribution or for his own use.”
Board does recognize that the Department of the Navy advises Although the term “engaged in the business” is not susceptible
that black powder be stored in explosives magazines with spark to a rigid definition, it is generally interpreted to imply an element
resistant floor finishes. of continuity or habitual practice as against a single act or
Documentation from other government and industry sources occasional participation.
supports the position that smooth finished concrete floors are Accordingly, it is held that companies, such as public utility
sufficiently nonsparking for the storage of fully packaged companies engaged in line and facility construction, which
explosives. manufacture explosives on a regular or continual basis are
Held, explosives storage facilities with smooth finished considered to be engaged in the business of manufacturing
concrete floors that were constructed under contract for the use of explosive materials and must be appropriately licensed as required
the Department of Defense and that are presently being leased to by 81 U.S.C. 842.
licensees and permittees for the storage of commercial explosives Signed: September 12, 1975
are considered to be in compliance with the requirements for
[Editor’s Note: 27 CFR Part 181 is now 27 CFR Part 555.]
nonsparking floors, as set forth in 27 CFR 181.187(a)(4) and
181.187(b) and 27 CFR 181.90, for the storage of all types of
fully packaged explosives, pyrotechnics and propellants, with the 4. 27 CFR 555.109: Identification of Explosive
exception of black powder. Any other such magazines which have Materials
smooth finished concrete floors and which meet or exceed the
Department of Defense construction specifications will also be
Methods of marking containers of explosive
considered to be in compliance with the requirements of Part 181 materials are prescribed.
with respect to nonsparking floors. It is the responsibility of the
ATF Ruling 75–35
licensee or permittee to provide verification that such facilities
were manufactured under Department of Defense specifications Editors note: ATF Ruling 75–35 was rendered obsolete
or that the facilities meet or exceed such specification standards. pursuant to ATF 5F, 70 Federal Register 30626 (May 27, 2005),
and effective July 26, 2005.
74
5. 27 CFR 55.11: Meaning of Terms—State of consideration the class, type, and quantity of explosive materials
Residence to be stored, as well as the standards of safety and security
recognized in the explosives industry.
“State of residence” of business entities who The regulations in 27 CFR 181.187, 181.188, and 181.189
use explosive materials; distribution of explosive prescribe types of storage facilities for explosive materials and
materials by licensees to out-of-State business provide, among other things, that such storage facilities shall be
entities other than licensees and permittees; and bullet resistant. 27 CFR 181.181(b) provides that alternate
distribution to nonresident employees of such storage facilities may be authorized for the storage of explosive
entities are discussed. materials when it is shown that such alternate facilities are or will
be constructed in a manner substantially equivalent to the
Editor’s Note: Provisions of ATF Ruling 76–4 were modified, standards of construction contained in the applicable regulations.
in part, by the Safe Explosives Act. The term bullet-resistant means resistant to penetration of a
bullet of 150 grain M2 ball ammunition having a nominal muzzle
Effective May 24, 2003, it is unlawful for any person to receive velocity of 2700 feet per second fired from a .30 caliber rifle
explosive materials unless such person holds an ATF license of from a distance of 100 feet perpendicular to the wall or door.
permit. It is also unlawful for any licensee or permittee to It has been determined that a wide range of construction
knowingly distribute explosive materials to any person who does criteria meet the bullet-resistant requirements of regulations for
not hold a license or permit. The only relevance remaining in the construction of storage facilities for explosive materials.
term “State of residence” is for distribution of explosive materials In order to promote standards of safety and security in the
to, and receipt by, limited permit holders. Pursuant to 18 U.S.C. storage of explosive materials while allowing the industry a wide
842(a)(3) and (a)(4), limited permit holders may, on not more latitude in the selection of construction material, it is held that
than 3 separate occasions, lawfully receive explosive materials storage facilities (magazines) that are constructed according to
from a licensee or permittee whose premises are located within the following minimum specifications are bullet resistant and
the state of residence of the limited permit holder. ATF Rule 76–4 meet the requirements of the regulations as set forth in 27 CFR
continues to apply in determining whether a limited permit holder Part 181. (All steel and wood dimensions indicated are actual
has acquired a “State of residence” for purposes of receipt of thicknesses. To meet the concrete block and brick dimensions
explosives under 18 U.S.C. 842(a)(4)(B). indicated, the manufacturer’s represented thicknesses may be
6. 27 CFR 55.126: Explosives Transaction used.)
Record. (a) Exterior of 5⁄8" steel, lined with an interior of any type
nonsparking material.
Under certain conditions, a single Form 5400.4
(b) Exterior of 1⁄2" steel, lined with an interior of not less than
may be used to cover a series of deliveries. 3
⁄8" plywood.
Editor’s Note: The provisions of ATF Rule 76–10 were (c) Exterior of 3⁄8" steel, lined with an interior of two inches of
rendered obsolete by ATF No. 1, 68 FR 13791, Mar. 20, 2003. hardwood.
(d) Exterior of 3⁄8" steel, lined with an interior of three inches of
7. 27 CFR 181.187: Construction of Type 1 softwood or 21⁄4" of plywood.
Storage Facilities (Also 181.188, 181.189) (e) Exterior of 1⁄4" steel, lined with an interior of three inches of
hardwood.
Alternate construction standards for storage
facilities for explosive materials are prescribed. (f) Exterior of 1⁄4" steel, lined with an interior of five inches of
softwood or 51⁄4" of plywood.
ATF Ruling 76–18 (g) Exterior of 1⁄4" steel, lined with an intermediate layer of two
The Bureau of Alcohol, Tobacco and Firearms has reviewed the inches of hardwood and an interior lining of 11⁄2" of plywood.
construction standards for storage facilities contained in Subpart (h) Exterior of 3⁄16" steel, lined with an interior of four inches of
J of 27 CFR Part 181 to determine if such construction criteria hardwood.
for bullet resistance meet current safety standards recognized by
(i) Exterior of 3⁄16" steel, lined with an interior of seven inches
the explosives industry.
of softwood or 63⁄4" of plywood.
Under the provisions of 18 U.S.C. 842(j), it shall be unlawful
for any person to store any explosive material in a manner not in (j) Exterior of 3⁄16" steel, lined with an intermediate layer of
conformity with regulations promulgated by the Secretary. In three inches of hardwood and an interior lining of 3⁄4" plywood.
promulgating such regulations, the Secretary shall take into

75
(k) Exterior of 1⁄8" steel, lined with an interior of five inches of consideration the class, type, and quantity of explosive materials
hardwood. to be stored, as well as the standards of safety and security
(l) Exterior of 1⁄8" steel, lined with an interior of nine inches of recognized in the explosives industry.
softwood. Regulations in 27 CFR 181.193 restrict the storage of blasting
caps with other explosive materials. Section 181.181(b) provides
(m) Exterior of 1⁄8" steel, lined with an intermediate layer of four that alternate storage magazines may be authorized for the
inches of hardwood and an interior lining of 3⁄4" plywood. storage of explosive materials when it is shown that such
(n) Exterior of any type of fire-resistant material which is struc- alternate magazines are or will be constructed in a manner
turally sound, lined with an intermediate layer of four inches substantially equivalent to the standards of construction
solid concrete block or four inches solid brick or four inches of contained in the applicable regulations.
solid concrete, and an interior lining of 1⁄2" plywood placed The Bureau recognizes that the transportation and the storage
securely against the masonry lining. of explosive materials in the same vehicle along with electric
(o) Standard eight inch concrete block with voids filled with blasting caps is often desired. The Institute of Makers of
well-tamped sand/cement mixture. Explosives has established a recommended standard for such
transport in their Safety Library Publication No. 22, dated
(p) Standard eight inch solid brick.
November 5, 1971 and revised July 1976 [and further revised
(q) Exterior of any type of fire-resistant material which is January 1985]. This standard prescribes the minimum construc-
structurally sound, lined with an intermediate six inch space tion criteria for (a) a container securely attached (1) above the
filled with well-tamped dry sand or well-tamped sand/cement cab of a vehicle (see Figure 1, Exhibit A), or (2) attached to the
mixture. vehicle frame under the cargo compartment (see Figure 2,
(r) Exterior of 1⁄8" steel, lined with a first intermediate layer of Exhibit A), or (b) a built-in compartment in the cargo space of
3
⁄4" plywood, a second intermediate layer of 35⁄8" well-tamped dry the vehicle (see Exhibit B). In addition to motorized vehicles,
sand or sand/cement mixture and an interior lining of 3⁄4" ply- consideration was also given for the use of similar criteria on
wood. portable wheeled trailers being used as magazines under section
181.188(a) of the regulations (see Exhibit E).
(s) Exterior of any type of fire-resistant material, lined with a
In order to insure standards of safety and security in the
first intermediate layer of 3⁄4" plywood, a second intermediate
storage of explosive materials while allowing the industry a
layer of 35⁄8" well-tamped dry sand or sand/cement mixture, a
proper latitude in the construction of magazines, it is held that
third intermediate layer of 3⁄4" plywood, and a fourth intermediate
vehicles used for transporting and for storing explosive materials
layer of two inches of hardwood or 14-gauge steel and an interior
that are constructed in conformity with the standards listed
lining of 3⁄4" plywood.
below, and in compliance with all other safety and security
(t) Eight inch thick solid concrete. provisions contained in Part 181, i.e., effectively immobilized
Signed: June 23, 1976 when unattended, will meet the requirements of ATF regulations.
[Editor’s Note: 27 CFR Part 181 is now 27 CFR Part 555.] Even though constructed on the same vehicle, each compartment
will be considered as a separate magazine. The two magazines on
the vehicle will, however, be considered as one magazine when
8. 27 CFR 181.193: Quantity and Storage applying the American Table of Distances.
Restrictions (Also 181.188)
Construction Standards for Storage of
Alternate magazine construction standards Electric Blasting Caps (Non Mass-Detonating)
for storage of electric blasting caps with other a. The container or compartment must provide for total
explosive materials are prescribed. enclosure of the electric blasting caps.
b. The partition between the explosives storage compartment
ATF Ruling 77–24
and the electric blasting cap compartment must be of
The Bureau of Alcohol, Tobacco and Firearms has been laminate construction consisting of A/C grade or better
requested to authorize the storage of electric blasting caps in a exterior plywood, gypsum wall board [sheetrock] and low
separate compartment of a type two portable magazine. carbon steel plates. In order of arrangement, the laminate
Under the provisions of 18 U.S.C. 842(j), it shall be unlawful must conform to the following, with minimum thickness of
for any person to store any explosive material in a manner not in each lamination as indicated: 1⁄2" plywood, 1⁄2" gypsum wall
conformity with regulations promulgated by the Secretary. In board [sheetrock] or 1⁄4" asbestos board, 1⁄8" low carbon steel,
promulgating such regulations, the Secretary shall take into and 1⁄4" plywood, with the 1⁄4" plywood facing the explosives
storage compartment. See Exhibit C for details of laminate

76
 construction. The door to the electric blasting cap compart- 9. 18 U.S.C. 842(j): Storage of Explosives
ment must be of metal construction or solid wood covered
with metal, the outside walls and top must be of the same 27 CFR 55.208(b)(1), 55.210(b)(1), and
construction as the rest of the vehicle or trailer. If high explo- 55.211(b)(1): Indoor Storage of Explosives in a
sives, or bullet sensitive explosive materials are stored in the Residence or Dwelling
vehicle, then the storage compartment of the vehicle must be
ATF will approve variances to store explosives in
constructed so as to be bullet-resistant.
a residence or dwelling only upon certain condi-
c. As an alternative to the construction requirements shown in
tions including, but not limited to, receipt of a
paragraph b, a container for use only as illustrated in Exhibit
A may be used when constructed as follows: certification of compliance with State and local
1. The top, lid or door, and the sides and bottom of each law, and documentation that local fire safety
container must be of laminate construction consisting officials have received a copy of the certification.
of A/C grade or better exterior plywood, solid hardwood,
ATF Ruling 2002–3
asbestos board and sheet metal. In order of arrangement,
the laminate must consist of the following with the The Bureau of Alcohol, Tobacco and Firearms (ATF) has
minimum thickness of each lamination as indicated: 1⁄4" received questions concerning indoor storage of explosives in a
plywood, 1” solid hardwood, 1⁄2" plywood, 1⁄4" asbestos residence or dwelling and whether such storage must comply with
board and 22-gauge sheet metal constructed inside to State or local law.
outside in that order. See Exhibit D for details of Section 842(j) of 18 U.S.C. states: “It shall be unlawful for any
laminate construction. person to store any explosive material in a manner not in confor-
2. The hardwood must be fastened together with wood mity with regulations promulgated by the Secretary.”
screws, the 1⁄2" plywood must be fastened to the hard- The regulations in 27 CFR 55.208(b)(1), 55.210(b)(1), and
wood with wood screws, the inner 1⁄4" plywood must be 55.211(b)(1) specify that no indoor magazine is to be located in a
fastened to the hardwood with adhesive and the 22- residence or dwelling. Section 55.22 specifies that the Director
gauge sheet metal must be attached to the exterior of the may allow alternate methods or procedures in lieu of a method or
container with screws. procedure specifically prescribed in the regulations. Specifically,
d. The laminate composite material must be securely bound section 55.22(a)(3) provides that such “variances” are permissible
together by waterproof adhesive or other equally effective only in certain circumstances, including where “[t]he alternate
means. method or procedure will not be contrary to any provision of law
e. The steel plates at the joints of laminations must be secured and will not…hinder the effective administration of this part.”
by continuous fillet welds. ATF has been advised that certain variances previously
f. All interior surfaces of the container or compartment must be approved for storage of explosives in residences or dwellings are
constructed so as to prevent contact of contents with any in violation of State or local zoning law. ATF believes it is
sparking metal. important to ensure that approval of variances is in compliance
g. There must be direct access to the container or into a com- with all State and local provisions.
partment from outside the vehicle. To obtain a variance for indoor storage of explosives in a
h. Each container or compartment must have a snug fitting residence or dwelling, ATF has determined that a person must
continuous piano-type hinged lid or door equipped with a submit to ATF a certification signed under penalty of perjury
locking device/devices. along with the request for the variance. The certification must:
i. Without permitting direct access to contents under normal 1. State that the proposed alternative storage method will
conditions, the locking or hinging mechanisms must permit comply with all applicable State and local law;
at least one edge of the lid or door to rise or move outward at 2. Provide the name, title, address, and phone number of
least 1⁄2" when subjected to internal pressure. the authority having jurisdiction for fire safety of the locality in
j. The exterior of the container or compartment must be which the explosive materials are being stored; and,
weather-resistant. 3. Demonstrate that the person has mailed or delivered the
Signed: June 3, 1977 certification to the authority identified in (2).
When required by the Director, such persons must furnish other
[Editor’s Note: 27 CFR Part 181 is now 27 CFR Part 555.] documentation as may be necessary to determine whether a
variance should be approved.

77
 Held, ATF will approve variances to store explosives in a 11. 18 U.S.C. 842(f): Unlawful Acts
residence or dwelling only upon certain conditions including, but
not limited to, receipt of a certification of compliance with State 27 CFR 555.105(b)(6)(iii): Distribution of
and local law, and documentation that local fire safety officials Explosives to Limited Permittees
have received a copy of the certification.
Distributors distributing explosive materials to
Date signed: August 23, 2002
holders of limited permits via common or contract
10. 18 U.S.C. 842(j): Storage of Explosives carrier may verify receipt of the explosive materi-
als by telephone, facsimile, e-mail, or other means
27 CFR 55.208(b)(1), 55.210(b)(1), and within three business days of shipment in lieu of
55.211(b)(1): Indoor Storage of Explosives in requiring the common or contract carrier to verify
Business Premises Directly Adjacent to a the identity of the person accepting delivery of the
Residence or Dwelling explosives. The distributor shall make a notation
ATF requires approval of variances for indoor on ATF Form 5400.4 indicating whether the ship-
storage of explosives in business premises ment was received and the date and time of the
directly adjacent to a residence or dwelling. contact with the distributee.

ATF Ruling 2002–4 ATF Ruling 2003–5

The Bureau of Alcohol, Tobacco and Firearms (ATF) has The Bureau of Alcohol, Tobacco, Firearms and Explosives
received questions concerning indoor storage of explosives in (ATF) has received questions from the explosives industry
business premises directly adjacent to a residence or dwelling. regarding the requirement under 27 CFR 555.105(b)(6)(iii) that,
Section 842(j) of 18 U.S.C. states: “It shall be unlawful for any effective May 24, 2003, a common or contract carrier hired by a
person to store any explosive material in a manner not in confor- Federal explosives licensee or permittee verify the identity of the
mity with regulations promulgated by the Secretary.” person accepting delivery on behalf of the distributee, note the
The regulations in 27 CFR 55.208(b)(1), 55.210(b)(1), and type and number of the identification document, and provide this
55.211(b)(1) specify that no indoor magazine is to be located in a information to the distributor. The distributor is required to record
residence or dwelling. Section 55.22 specifies that the Director this information on ATF Form 5400.4, Limited Permittee
may allow alternate methods or procedures in lieu of a method or Transaction Report (LPTR).
procedure specifically prescribed in the regulations. Specifically, Industry members have informed ATF that this requirement
section 55.22(a)(3) provides that such “variances” are permissible places an undue burden on common and contract carriers. Drivers
only in certain circumstances, including where “[t]he alternate are concerned that verifying the identity of persons accepting
method or procedure will not be contrary to any provision of law delivery of explosive materials by examining an identification
and will not…hinder the effective administration of this part.” document and providing the identification information to the
ATF has been asked whether businesses that are directly distributor will be overly time consuming. Drivers are also
adjacent to living quarters may lawfully store explosive materials concerned that they could be held personally liable for delivering
in the business premises. The issue presented is whether the explosives to persons not authorized to receive them.
premises amount to a “residence or dwelling” within the meaning ATF imposed the verification requirements of section
of the regulations cited above. 555.105(b)(6)(iii) to ensure that when explosive materials are sold
Even where the business premises are segregable from the by a distributor to a holder of a limited permit and transported by
living quarters by the existence of a door or a common wall, the a common or contract carrier hired by the distributor, the explo-
business premises retain their character as a residence or dwell- sive materials are delivered only to a person authorized to receive
ing. Accordingly, indoor storage of explosives in such premises is them. ATF continues to believe it is important that sellers of
generally prohibited and can be allowed only pursuant to an explosive materials verify that such materials are delivered to
approved variance. persons authorized to receive them. However, it was not ATF's
Held, ATF requires approval of variances for indoor storage of intention to impose an undue burden on common or contract
explosives in business premises directly adjacent to a residence or carriers.
dwelling. ATF may approve such variances upon receipt of all Section 555.22, Title 27, CFR, provides that the Director may
appropriate certification and other documentation as may be approve an alternate method or procedure in lieu of a method or
requested. procedure specifically prescribed in the regulations when he finds
Date signed: August 23, 2002 that:

78
 (1) Good cause is shown for the use of the alternate method 12. 18 U.S.C. 842(j): Storage of Explosives 27
or procedure; CFR 555.210(b)(4): Locking Requirements for
(2) The alternate method or procedure is within the purpose Indoor Type 4 Storage Magazines
of, and consistent with the effect intended by, the specifically
prescribed method or procedure and that the alternate method or 27 CFR 555.22: Alternate Methods or
procedure is substantially equivalent to that specifically Procedures; Emergency Variations from
prescribed method or procedure; and Requirements
(3) The alternate method or procedure will not be contrary
Under certain conditions, flush-mounted bolt-
to any provision of law and will not result in an increase in cost to
type locks will be considered adequate for locking
the Government or hinder the effective administration of Part 555.
ATF finds that there is good cause to authorize a variance to the type 4 indoor magazines
provisions of section 555.105(b)(6)(iii) due to the undue burden ATF Ruling 2004–3
placed on common or contract carriers by the verification
requirement. Accordingly, ATF authorizes the following alternate The Bureau of Alcohol, Tobacco, Firearms and Explosives
method or procedure to the identification verification require- (ATF) has received inquiries from explosives industry members
ments of section 555.105(b)(6)(iii): as to the suitability of certain types of locks for type 4 indoor
The distributor shall, no later than three business days after storage magazines utilized for the storage of low explosives.
shipment of the explosive materials, contact the distributee by Section 842(j) of 18 U.S.C. states, “It shall be unlawful for any
telephone, facsimile, e-mail or any other means to ensure that the person to store any explosive material in a manner not in confor-
shipment has been received. The distributor shall make a notation mity with regulations promulgated by the Attorney General.”
on ATF Form 5400.4 indicating whether the shipment was The regulations at 27 CFR 555.210(b) state, in part, “Indoor
received and the date and time of the contact with the distributee. magazines are to be fire-resistant and theft-resistant.” To satisfy
ATF finds that the above alternate method is consistent with the the theft-resistance requirement, this section requires that each
verification provisions of section 555.105(b)(6)(iii), because it door be equipped with two mortise locks, two padlocks fastened
will ensure that delivery has taken place and document the in separate hasps and staples; a combination of a mortise lock
information in the distributor's records. The alternate method is and padlock; a mortise lock that requires two keys to open; or a
not contrary to any provision of law, will not increase the costs to three-point lock. Padlocks must have at least five tumblers and a
ATF, and will not hinder the effective administration of the case-hardened shackle of at least 3⁄8" diameter. In addition,
regulations in 27 CFR Part 555. padlocks must be protected with not less than 1⁄4" steel hoods
Held, pursuant to 27 CFR 555.22, ATF authorizes a variance constructed so as to prevent sawing or lever action on the locks,
from the requirements of 27 CFR 555.105(b)(6)(iii) for Federal hasps, and staples.
explosives licensees and permittees making distributions of This section further provides, “Indoor magazines located in
explosive materials to holders of limited permits via common or secure rooms that are locked as provided in this subparagraph
contract carrier. As an alternate method or procedure, distributors may have each door locked with one steel padlock (which need
distributing explosive materials to holders of limited permits via not be protected by a steel hood) having at least five tumblers and
common or contract carrier may verify receipt of the explosive a case-hardened shackle of at least 3⁄8" diameter, if the door
materials by telephone, facsimile, e-mail or other means within hinges and lock hasp are securely fastened to the magazine.” This
three business days of shipment in lieu of requiring the common section makes it clear that, although the magazine-locking
or contract carrier to verify the identity of the person accepting standards are reduced for magazines secured in a locked room, a
delivery of the explosives. The distributor shall make a notation substantial locking mechanism is still required.
on ATF Form 5400.4 indicating whether the shipment was The regulations at 27 CFR 555.22 allow for the approval and
received and the date and time of the contact with the distributee. use of an alternate method or procedure (variance), provided that
Date signed: May 23, 2003. (1) there is good cause for the proposed variance; (2) the
proposed variance is consistent with and substantially equivalent
to the prescribed method or procedure; and (3) the proposed
variance is not contrary to any provision of law and will not
hinder the effective administration of the regulations or result in
an increase in cost to the Government.

79
 ATF has been asked whether a cam-type lock known as a The Attorney General has delegated his authority to administer
“flush-mount lever lock,” or a similarly mounted lock with a bolt- and enforce the Federal explosives laws to the Director, ATF. 28
type locking mechanism meets ATF theft-resistance requirements CFR 0.130. Regulations in 27 CFR Part 555 implement the
for type 4 indoor storage of low explosives. provisions of the Federal explosives laws. Storage regulations in
ATF has determined that, although the lever-type lock is 27 CFR Part 555, Subpart K, provide that outdoor magazines in
mounted on a magazine lid in such a manner as to preclude which high explosives are stored must be located no closer to
prying or cutting of the lock, the lever-locking mechanism does inhabited buildings, passenger railways, public highways, or other
not provide adequate protection against pulling or prying the lid magazines in which high explosives are stored than the minimum
off the magazine. The lever mechanism rests under a small piece distances specified in the table of distances for storage of
of metal on the edge of the magazine wall (typically 18-gauge explosive materials in section 555.218 of the regulations. 27 CFR
sheet metal), to secure the lid. This type of lock fails to provide a 555.206.
level of theft-resistance for indoor storage of low explosive Section 555.11 of the regulations defines the term “highway”
materials that would be substantially equivalent to the methods as “[a]ny public street, public alley, or public road, including a
prescribed in the regulations. privately financed, constructed, or maintained road that is
ATF has also examined the flush-mounted bolt-style locks, regularly and openly traveled by the general public.”
which secure the magazine by means of a bolt-type mechanism. In Scenario A, a private road owned by a corporation is used by
The cylinder portion of the lock mounts in the lid of the magazine the general public as an access road to a parking lot owned by the
in such a manner that, when the key is turned, the bolt slides corporation. The road is near an explosives magazine. The road
toward the outer wall of the magazine. This bolt engages in a does not have a gate, sign, or other means of restricting access to
slotted locking block attached securely to the inside of the the road. The road is also used by the general public on a daily
magazine wall. Because this locking mechanism relies upon basis to gain access to other public streets.
interlocking solid metal parts, operating in a fashion similar to a In Scenario B, a company that manufactures display fireworks,
deadbolt lock, it provides a level of theft resistance that is a logging company, and an individual who owns buildings utilized
substantially equivalent to that required by the regulations. to store his collection of automobiles all occupy property to
Held, cam-type locks known as “flush-mount lever locks,” or a which the only access is a privately owned road. A separate party
similarly mounted lock with a bolt-type locking mechanism does that leases to these three entities owns the property. The road is
not provide a level of theft-resistance for indoor storage of located on private property, and a locked gate at the entrance to
materials that is substantially equivalent to the methods the road prevents access by the general public. The display
prescribed in the regulations. fireworks company, the logging company, and the individual
Held further, flush mount bolt-style locks utilizing interlocking storing automobiles all have keys to unlock the gate and travel on
solid metal parts, each affixed securely to the magazine in such a the road when needed. The gate is locked at all times, and there is
way that they cannot be readily removed from the exterior of the no evidence that the road is open to anyone other than the two
magazine and each locking mechanism having at least five businesses and one individual who require access to their prop-
tumblers, will be considered to meet the theft-resistance require- erty.
ments of Part 555, section 210(b) for indoor type 4 explosives In Scenario C, an explosives company maintains explosives
storage magazines. magazines in a quarry area that has a roadway traversing through
Date approved: June 5, 2004 the quarry. The quarry owns the property, and the road is main-
tained by the quarry. The road has a gate and there are signs
13. 27 CFR 555.11: Meaning of Terms advising no trespassing. However, when ATF officials visited the
location on several occasions, the gate was left open and members
ATF provides guidance on three different private
of the public regularly utilized the roadway as a shortcut between
roads and whether they are “highways” as defined
two major highways. There were no indications the owner of the
in 27 CFR 555.11. property took any steps to prevent members of the public from
ATF Ruling 2005–2 utilizing the roadway.
Applying the regulatory definition of “highway” to the three
The Bureau of Alcohol, Tobacco, Firearms and Explosives scenarios, the road in Scenario A is clearly a highway that is
(ATF) has received inquiries from members of the explosives subject to the tables of distance in Part 555. Although it is
industry as to the meaning of the term “highway” under 27 CFR privately owned, it is regularly and openly traveled by members of
555.11. the general public without restriction.
The Federal explosives laws, 18 U.S.C. Chapter 40, require all The roadway in Scenario B is not a “highway” as defined.
persons to store explosive materials in a manner in conformity Access is restricted at all times and there is no evidence the
with regulations issued by the Attorney General. 18 U.S.C. 842(j). general public regularly travels on the roadway. Access to the road

80
is provided to only a limited number of persons who have a legal The regulation at 27 CFR 555.11 defines the term “inhabited
right to travel the road. Accordingly, this road is not regularly and building” as “[a]ny building regularly occupied in whole or in
openly traveled by members of the general public. part as a habitation for human beings, or any church, schoolhouse,
ATF concludes that the roadway described in Scenario C is a railroad station, store, or other structure where people are
“highway” as defined in 27 CFR 555.11. Although access to the accustomed to assemble, except any building occupied in
roadway is restricted by a gate and “No trespassing” signs are connection with the manufacture, transportation, storage, or use
posted, the gate is not closed at all times. Furthermore, ATF of explosive materials.”
observation indicates that the roadway is regularly and openly In Scenario A, an explosives licensee leases explosives maga-
traveled by members of the general public. Based on these facts, zines to an individual who uses the magazines for storage of
the roadway is a highway which is subject to the tables of goods other than explosive materials. The magazines are located
distance in 27 CFR Part 555. adjacent to magazines used by the explosives licensee for the
Held, a private road with no gate, signs, or other means of storage of explosive materials. The magazines used by the lessee
restricting access that is used by the general public as an access are not separated by the minimum distances required for the
road to a parking lot and as access to other public streets is a separation of magazines from “inhabited buildings” as required
“highway” as defined in 27 CFR 555.11. by the regulations in 27 CFR Part 555.
Held further, a private road with a locked gate at the entrance The magazines are visited regularly by the individual who
that is locked at all times and used by a limited number of stores property in the magazines, but no additional persons
persons leasing or owning property accessed by the road is not a accompany the individual when he is present at the magazine.
“highway” as defined in 27 CFR 555.11. However, the individual hires contractors to repair equipment
Held further, a private roadway traversing a quarry with a gate stored in the facilities from time to time, and 1–3 employees of
restricting access and a “no trespassing” sign is a “highway,” as the contractor may occasionally be present for short periods of
defined in 27 CFR 555.11, because the gate is not locked at all time at the storage site. However, such visits occur no more than
times and the general public regularly utilizes the roadway as a 3–5 times per year. In addition, an employee from the water
shortcut between two public highways. company visits the storage site once a month to read the water
Date approved: September 8, 2005 meter, an employee from the power company reads the power
meter once a month, and other vendors may be present at the site
14. 27 CFR 555.11: Meaning of Terms for short periods of time for other legitimate purposes.
In Scenario B, a licensed manufacturer of explosives X leases a
ATF provides guidance on two situations involv-
unit in an industrial park that shares a common wall with a unit
ing structures and whether they are “inhabited
leased by licensed manufacturer Y. Both licensees store explosives
buildings” as defined in 27 CFR Part 555. in magazines located inside and outside the units. The magazines
ATF Ruling 2005–3 of Manufacturer X and the building used by Manufacturer Y are
not separated by the minimum distance prescribed in 27 CFR Part
The Bureau of Alcohol, Tobacco, Firearms and Explosives 555 for the separation of magazines and inhabited buildings.
(ATF) has received inquiries from explosives industry members Likewise, the magazines of Manufacturer Y and the building used
as to the meaning of the term “inhabited building” under 27 CFR by Manufacturer X are not separated by the minimum distance
555.11. prescribed in 27 CFR Part 555 for the separation of magazines
The Federal explosives laws, 18 U.S.C. Chapter 40, require all and inhabited buildings. In both structures, employees and
persons to store explosive materials in a manner in conformity contractors are regularly present during work hours for purposes
with regulations issued by the Attorney General. 18 U.S.C. 842(j). of carrying on the manufacturing and distributing businesses of
The Attorney General has delegated his authority to administer the two licensees. This includes personnel who work in the
and enforce the Federal explosives laws to the Director, ATF. 28 manufacturing plant, those who work on the loading dock to load
CFR 0.130. Regulations in 27 CFR Part 555 implement the and ship explosives products to customers, and those who work in
provisions of the Federal explosives laws. Storage regulations in the office taking orders, sending out invoices, and handling other
27 CFR Part 555, Subpart K, provide that outdoor magazines in clerical work for the businesses.
which high explosives are stored must be located no closer to Applying the law and regulations to the facts of Scenario A,
inhabited buildings, passenger railways, public highways, or other ATF concludes that the leased structures used by the individual to
magazines in which high explosives are stored than the minimum store items other than explosives are not being used as a habita-
distances specified in the table of distances for storage of tion for human beings and are not buildings occupied in connec-
explosive materials in section 555.218 of the regulations. 27 CFR tion with the manufacture, transportation, storage, or use of
555.206. explosive materials. Accordingly, the sole issue remaining is
whether the structure is one where people are accustomed to
assemble.
81
 Noteworthy, the regulation uses the term “people,” which is the Given the plain language of the regulation, however, ATF does
plural version of “person.” Thus, ATF believes that more than one not believe it is appropriate to deny the coverage of the regulatory
person must “assemble” at the structure for it to be an “inhabited exemption to adjoining licensees on the basis of an assumption of
building.” In addition, the word “assemble” is defined, in part, as the risk analysis. The current regulatory definition excludes from
“To bring or gather together in a group or whole.” The word the definition of “inhabited building” any building occupied in
“assembly” is defined, in part, as “A group of persons gathered connection with the manufacture, transportation, storage, or use
for a common purpose.” The American Heritage Dictionary, of explosive materials, regardless of the knowledge of the
Second College Edition, Houghton Mifflin Co., 1982. It is clear building's occupants. Accordingly, ATF concludes that the
that the presence of one person at a structure or location cannot industrial units occupied by Manufacturer X and Manufacturer Y
be an assembly of any sort. Accordingly, in situations where one are both exempted from the definition of “inhabited building” as
person is present at a particular structure, whether on a regular or to the magazines of each other as well as to their own magazines.
infrequent basis, such a structure is not an “inhabited building” as Held, a structure used to store items other than explosive
defined in 27 CFR 555.11. materials that is visited on a regular basis by one individual is not
Likewise, occasional visits to the storage facility by mail an “inhabited building” as defined in 27 CFR 555.11, because it
delivery persons or employees of public utility companies for is not a structure where people are accustomed to assemble.
brief periods of time would not be an “assembly” that would make Where 2 or more persons are present at the structure to repair
the facility an inhabited building. However, if 2 or more repair equipment stored therein and such visits to the site are occasional
persons are present at the facility to make repairs to equipment and infrequent, the structure is not an “inhabited building”
stored there, such persons would be there for a common purpose, because the visits are not “customary.” However, where 2 or more
and would have “assembled” at the structure. However, the persons make regular visits to the structure for a common
structure would be an “inhabited building” only if it is a structure purpose, the structure is an “inhabited building,” and explosives
where people are accustomed to assemble. The word “accustom” magazines may not be stored closer to the structure than the
is defined as “To familiarize, as by constant practice, use, or minimum distances specified in the regulations in 27 CFR Part
habit: accustomed himself to working long hours.” The word 555.
“accustomed” is defined as “Usual, characteristic, or normal: Held further, buildings occupied by licensed explosives
worked with her accustomed thoroughness.” The American manufacturers in connection with the manufacture, transportation,
Heritage Dictionary, Second College Edition, Houghton Mifflin storage, or use of explosive materials are not included within the
Co., 1982. These definitions indicate that a structure will be one definition of “inhabited building” as to magazines located on
where people are accustomed to assemble only if there is some their own premises. In addition, buildings occupied by licensed
degree of continuity, regularity, or frequency to such assembly. explosives manufacturers in connection with the manufacture,
Infrequent, occasional visits to the storage site by 2 or more transportation, storage, or use of explosives are not included
repair persons would not make the storage facility an “inhabited within the definition of “inhabited building” as to magazines
building,” because such intermittent visits would not be “custom- located on property owned by another licensee.
ary.” Only where 2 or more persons are present at the site for a Date approved: November 25, 2005
common purpose and on a regular basis would the building fit
within the definition of “inhabited building.”
To address Scenario B, it is apparent that the building leased by
Manufacturer X is exempt from the definition of “inhabited build-
ing” as to the magazines of Manufacturer X, and the building
leased by Manufacturer Y is likewise exempt as to the magazines
of Manufacturer Y. This is because both buildings are occupied in
connection with the manufacture, transportation, and storage of
explosive materials. Clearly, the employees of both licensees are
aware that explosive materials are present on the premises and
they assume the risk of any such operation. A more difficult
question is presented by the buildings of Manufacturer X and the
magazines of Manufacturer Y and vice versa. ATF cannot assume
that all employees are cognizant of the activities of their neigh-
bors in the industrial park. Thus, it cannot be assumed that the
employees are knowingly assuming the risk of explosive materials
stored in magazines owned by the other licensee.

82
15. 18 U.S.C. 842(f): Records Required for (1) Good cause is shown for the use of the alternate method
Explosives Licensees and Permittees or procedure;
(2) The alternate method or procedure is within the purpose
27 CFR PART 555, Subpart G: Records and of, and consistent with the effect intended by, the specifically
Reports prescribed method or procedure and that the alternate method or
27 CFR 555.22: Alternate Methods or procedure is substantially equivalent to that specifically
prescribed method or procedure; and
Procedures; Emergency Variations from
(3) The alternate method or procedure will not be contrary
Requirements
to any provision of law and will not result in an increase in cost to
Under specified conditions, approval is granted the Government or hinder the effective administration of 27 CFR
to utilize computerized records as required re- Part 555.
cords under 27 CFR 555, Subpart G. With advances in technology and the dramatic decrease in the
cost of computers, many businesses rely upon computers to
ATF Ruling 2007–1 maintain records of their inventory, sales, customer lists, and
The Bureau of Alcohol, Tobacco, Firearms and Explosives other business information. Even the smallest home-based
(ATF) has received inquiries from members of the explosives business utilizes computers to record and maintain business
industry about maintaining their required Federal explosives information. Creating and maintaining records in a computer
records in computerized form rather than paper form. database, rather than paper form, makes it easier to ensure
Section 842(f), Title 18, United States Code, makes it unlawful accuracy of records and makes it less likely that records will be
for any licensee or permittee to willfully manufacture, import, lost or misplaced. In addition, maintaining records via computer
purchase, distribute, or receive explosive materials without generally saves time and money in bookkeeping and auditing
making such records as the Attorney General may by regulation expenses. This utilization of computers has allowed companies to
require, including, but not limited to, a statement of intended use, automate inventories, utilizing technology such as bar codes or
the name, date, place of birth, social security number or taxpayer RFID (radio frequency identification) chips. This facilitates better
identification number, and place of residence of any natural accountability of product overall, reducing the potential of
person to whom explosive materials are distributed. everyday accounting errors. Over the years ATF has seen a
Regulations implementing section 842(f) are in 27 CFR Part significant increase in the number of requests from explosives
555, Subpart G. The regulations in this subpart specify the licensees and permittees for authorization to utilize computerized
records required to be created and maintained by licensed records rather than paper records of acquisition and distribution
importers (section 555.122), licensed manufacturers (section and other required records, such as magazine transaction records.
555.123), licensed dealers (section 555.124), and permittees ATF routinely approves requests to utilize computerized records,
(section 555.125). The regulation in section 555.121 provides that with certain conditions, finding that the use of such records is
licensees and permittees must keep records pertaining to explo- substantially equivalent to methods of record keeping set forth in
sive materials in permanent form (i.e., commercial invoices, the regulations in 27 CFR Part 555, Subpart G.
record books) and in the manner required in Subpart G. In Several explosives industry members have asked whether
addition, sections 555.122–555.125 specifically allow licensees computerized records may be maintained without obtaining
and permittees to use an alternate record to record the distribution written approval from ATF if they contain all the required
of explosive materials when it is shown that the alternate records information specified in the regulations and are maintained in a
would accurately and readily disclose the information required by permanent form. Additionally, industry members have questioned
the regulations. These regulations require licensees and permit- whether computer records in combination with paper records may
tees who propose to use alternate records to submit a letter be maintained if they are permanent and contain all the informa-
application to ATF describing the proposed alternate records and tion required by the regulations.
the need for them. Alternate records are not to be employed until ATF has determined that records of acquisition and disposition,
approval from ATF is received. magazine summary records, and the other records required by 27
Regulations at 27 CFR 555.22 allow for the approval and use CFR Part 555, Subpart G, satisfy the standard of permanency and
of an alternate method or procedure in lieu of a method or are substantially equivalent to paper records if they meet the
procedure specifically prescribed in Part 555. ATF may approve following criteria:
an alternate method or procedure when it is found that— 1. All data entered into the computer system must be
recorded into the database and cannot be capable of being edited
or modified at a later date. The software system must retain any
correction of errors as an entirely new entry, without deleting or
modifying the original entry. The system may allow for entries in
a notes column to explain any correction.
83
 2. The system must have a reliable daily memory backup Held further, licensees and permittees utilizing a combination
capability to protect the data from accidental deletion or other of a computer program, commercial invoices, and other paper
system failure. documents as required records must ensure that the required
It is also acceptable for licensees/permittees to maintain information for a particular transaction is fully contained in the
required records using a combination of a computer program, same recordkeeping medium.
commercial invoices, and other documents, provided that all of Held further, this ATF approved alternate method or procedure
the required information is maintained in the records in perma- for computerized records shall not be withdrawn unless the holder
nent form. Any use of a computer for any portion of the required of said variance is so advised by ATF in writing or no longer
records must comply with the standards outlined above. However, holds a Federal explosives license or permit.
each particular transaction must be self-contained with all the Date approved: January 18, 2007
required information in the same recordkeeping medium. As one
example, dispositions of explosives by a dealer cannot be 16. 18 U.S.C. 842(j): Storage of Explosives
separated by keeping the dates of disposition and the manufactur-
27 CFR 555.210: Construction of Type 4
er’s name or brand name in the computer, and all the other
Magazines
required information for that disposition on separate written
documents. 27 CFR 555.215: Housekeeping
ATF finds that good cause exists for authorizing the use of a 27 CFR 555.201: Notification of Local Fire
computer to create and maintain the records required by 27 CFR
Officials
Part 555, Subpart G, as the use of computers is accepted through-
out the business community as a reliable, cost-efficient means of 27 CFR 555.63: Explosives Magazine Changes
maintaining business records. ATF also finds that the use of a 27 CFR 555.22: Alternative Methods or
computer to maintain required records, contingent upon the Procedures; Emergency Variations from
requirements outlined above, is consistent with the effect Requirements
intended by the requirements of Subpart G, as it will result in a
permanent, reliable record that will accurately indicate acquisi- Under specified conditions, display fireworks
tions and dispositions of explosive materials. Finally, ATF finds may be temporarily stored in locked and attended
that the use of computer records properly containing all the motor vehicles at the explosives magazine site(s)
required information should not hinder the effective administra- and at fireworks display site(s) without meeting
tion of the Federal explosives laws or regulations – use of such the locking requirements of 27 CFR 555.210 pro-
records generally makes it easier for ATF to conduct inventories vided certain additional security measures are in
of product on hand and to audit required records. Accordingly, place. Additionally, allowance per 27 CFR 555.215
ATF concludes that the requirements for approval of an alternate is made for the fuel tanks containing volatile
method or procedure in accordance with 27 CFR Part 555, materials that may be on the temporary storage
sections 555.22 and 555.122–555.125, are met.
vehicles. Finally, slight variation is provided for
Held, persons holding licenses and permits issued under 18 U.
notification requirements to ATF and local fire
S.C., Chapter 40, may use computers to create and maintain all or
officials.
any portion of the records required by 18 U.S.C. 842(f) and 27
CFR Part 555, Subpart G, if the following conditions are satis- ATF Ruling 2007–2
fied:
1. All data entered into the computer system must be The Bureau of Alcohol, Tobacco, Firearms and Explosives
recorded into the database and cannot be capable of being edited (ATF) has received inquiries from members of the explosives
or modified at a later date. The software system must retain any industry concerning the necessity of applying for a variance each
correction of errors as an entirely new entry, without deleting or year to cover the temporary storage of display fireworks at
modifying the original entry. The system may allow for entries in explosives magazine storage site(s) and fireworks display site(s).
a notes column to explain any correction. The continual reapplication and issuance of these variances is a
2. The system must have a reliable daily memory backup burden on both industry and the Government with little or no
capability to protect the data from accidental deletion or other benefit to safety or security.
system failure.
Held further, licensees and permittees who wish to use
computers to create and maintain all or a portion of their required
records in accordance with the requirements set forth in this
ruling are not required to obtain advance approval in accordance
with 27 CFR 555.22 or 555.121–125.
84
 The Federal explosives laws, 18 U.S.C. Chapter 40, require all Preparation of display fireworks shows and the transportation
persons to store explosive materials in a manner in conformity of explosive materials to numerous show sites often take place
with regulations issued by the Attorney General. 18 U.S.C. 842(j). over a period of several days. Preparing and temporarily storing
The Attorney General has delegated the authority to administer the fireworks for these shows ordinarily take place on delivery
and enforce the Federal explosives laws to the Director, ATF. 28 trucks and trailers in one storage location where the proprietor
CFR 0.130. Regulations in 27 CFR Part 555, implement the already maintains storage of explosives materials with a high
provisions of the Federal explosives laws. degree of security and safety by complying with the provisions of
The regulation at 27 CFR 555.210(a) states, in part, “[o]utdoor 27 CFR Part 555.
magazines are to be fire-resistant, weather-resistant, and theft- Many display fireworks shows also take several days to prepare
resistant.” Partly to satisfy the theft-resistant requirement, this at the show site. During preparation and after the show is
section requires that each door be equipped with two mortise completed, explosive materials frequently must be temporarily
locks; two padlocks fastened in separate hasps and staples; a stored. This is often either extra product that was brought to the
combination of a mortise lock and a padlock; a mortise lock that show or misfires that have been maintained and must be returned
requires two keys to open; or a three-point lock. Padlocks must to permanent storage.
have at least five tumblers and a case-hardened shackle of at least Allowing flexibility through alternate methods or procedures
3
⁄8" diameter. for specific regulations increases both safety and security at these
Padlocks must be protected with not less than 1⁄4" steel hoods show sites. These procedures are needed to increase public safety,
constructed so as to prevent sawing or lever action on the locks, as well as facilitate smooth operations for the display fireworks
hasps, and staples. industry. The highest risk of incidents involving the accidental
The regulation at 27 CFR 555.215 states, in part, “[v]olatile ignition of display fireworks is during handling, with the next
materials are to be kept a distance of not less than 50 feet from highest risk being transportation. Providing no flexibility to allow
outdoor magazines.” storage in the delivery vehicles would require the industry to
The regulation at 27 CFR 555.201 requires, in part, that any dangerously load and unload from storage magazines to vehicles
person storing explosive materials notify local fire authorities and back into a storage magazine. Additionally, ATF believes that
orally before the end of the day on which storage of the explosive providing this guidance allows for preplanning by the proprietor
materials began and in writing within 48 hours from the time and consistency of regulatory application nationwide.
such storage began. One of the major dangers around explosives is fire. Therefore,
The regulation at 27 CFR 555.63 requires that any licensee or the regulations require that volatile materials be maintained a
permittee who acquires (adds) a storage magazine must notify distance of not less than 50 feet from outdoor explosives storage
ATF at least five business days in advance of using any added magazines. ATF believes that requiring attended storage for
explosives storage magazine. display fireworks temporarily stored in vehicles will ensure public
Regulations at 27 CFR 555.22 allow for the approval and use safety, in lieu of the 50 foot separation requirement. The attendee
of an alternate method or procedure in lieu of a method or should be able to alert the proper authorities if needed to ensure
procedure specifically prescribed in Part 555. ATF may approve that a fire does not compromise this storage, or may relocate
an alternate method or procedure when it is found that— these temporary storage magazines to a safe location away from
(1) Good cause is shown for the use of the alternate method an identified fire.
or procedure; Held, ATF will approve alternate methods or procedures for the
(2) The alternate method or procedure is within the purpose temporary storage of display fireworks in locked and attended
of, and consistent with the effect intended by, the specifically vehicles at explosives magazine site(s), as well as at the fireworks
prescribed method or procedure and that the alternate method or display site(s), under the following conditions:
procedure is substantially equivalent to that specifically 1. The doors to each storage compartment containing
prescribed method or procedure; and explosive materials must be locked with at least one steel padlock
(3) The alternate method or procedure will not be contrary having at least five tumblers and a casehardened shackle of at
to any provision of law and will not result in an increase in cost to least 3⁄8" diameter. The padlock does not need to be protected by a
the Government or hinder the effective administration of 27 CFR steel hood. However, each temporary storage magazine must be
Part 555. attended at all times for security purposes. The vehicle is consid-
ATF has approved a significant number of variances for ered “attended” when an authorized individual is within 100 feet
temporary storage for a specified amount of time before a display of all temporary storage and has an unobstructed view of the
fireworks event, as well as during and after the event until the vehicle(s) containing the explosive materials. The individual must
remaining explosive materials can be placed back into the remain awake and observant of activities around the vehicle(s).
appropriate storage magazine.

85
 2. The person who temporarily stores the explosive The regulation at 27 CFR 555.215 states, in part, “[v]olatile
materials must notify in writing the authority having jurisdiction materials are to be kept a distance of not less than 50 feet from
for fire safety in the locality in which the explosive materials are outdoor magazines.”
stored no less than 3 Federal office business days prior to The regulation at 27 CFR 555.22 allows for the approval and
utilizing the additional temporary storage magazine(s). use of an alternate method or procedure in lieu of a method or
3. The person who temporarily stores the explosive procedure specifically prescribed in Part 555. ATF may approve
materials must notify ATF in writing of the location of this an alternate method or procedure when it is found that—
storage no less than 3 Federal office business days prior to (1) Good cause is shown for the use of the alternate
utilizing the additional temporary storage magazine(s). method or procedure;
All other provisions of 27 CFR Part 555 must be complied (2) The alternate method or procedure is within the
with as prescribed. purpose of, and consistent with the effect intended by, the
Held further, this ATF-approved alternate method or procedure specifically prescribed method or procedure and that the
for the temporary storage of display fireworks in locked and alternate method or procedure is substantially equivalent to that
attended vehicles shall not expire unless the holder of said specifically prescribed method or procedure; and
variance is so advised by ATF or no longer holds a Federal (3) The alternate method or procedure will not be contrary
explosives license or permit. to any provision of law and will not result in an increase in cost
Date approved: January 18, 2007 to the Government or hinder the effective administration of 27
CFR Part 555.
17. 18 U.S.C. 842(j): Storage of Explosives ATF has approved a significant number of variances for an
alternate means of immobilizing preloaded bulk delivery
27 CFR 555.211(a): Immobilization of Outdoor
vehicles when some additional security measures were put in
Type 5 Mobile Storage Magazines
place.
27 CFR 555.215: Housekeeping Bulk delivery vehicles are routinely utilized for on-site
27 CFR 555.22: Alternate Methods or delivery of blasting services. Often these trucks contain a
blasting agent as defined under 27 CFR 555.11. Utilization of
Procedures; Emergency Variations from
these bulk products delivered on-site and used immediately has
Requirements
increased safety and security by reducing the number of
Under specified conditions, blasting agents may remotely located storage trailers containing packaged blasting
be stored in mobile type 5 magazines (bulk deliv- agent products. These delivery vehicles generally leave the
ery trucks) without meeting the prescribed immo- explosives storage locations at unusual times of day or night,
bilization requirements of 27 CFR 555.211. and for safety reasons they are loaded the day before for next
day’s delivery. These trucks are incapable of being disabled by a
ATF Ruling 2007–3 kingpin locking device, and the requirement to remove the
The Bureau of Alcohol, Tobacco, Firearms and Explosives wheels for immobilization is obviously not feasible.
(ATF) has received inquiries from members of the explosives Additionally, there are times when explosive material remains
industry concerning the preloading and temporary storage of on the vehicle when it returns from use. Most of these products
blasting agents on bulk delivery vehicles. degrade during handling therefore, removing them from the bulk
The Federal explosives laws, 18 U.S.C. Chapter 40, require all vehicle would not be an option.
persons to store explosive materials in a manner in conformity One of the major dangers surrounding explosives is fire.
with regulations issued by the Attorney General. 18 U.S.C. Therefore, the regulations at 27 CFR 555.215 require that
842(j). The Attorney General has delegated his authority to volatile materials be maintained a distance of not less than 50
administer and enforce the Federal explosives laws to the feet from outdoor explosive storage magazines. Because these
Director, ATF. 28 CFR 0.130. Regulations in 27 CFR Part 555 preloaded storage vehicles contain a fuel tank filled with
implement the provisions of the Federal explosives laws. volatile materials, they must remain in an area protected from
The regulation at 27 CFR 555.211(a)(1) states, in part, fire such as gravel, paved, or closely mowed designated parking
“[o]utdoor magazines are to be weather-resistant and theft- area.
resistant.” This section further states, “[w]hen unattended, vehicu- ATF believes that the following alternate method of operation
lar magazines must have wheels removed or otherwise be is substantially equivalent to the prescribed methods. Increased
effectively immobilized by kingpin locking devices or other safety for employees and the public provides good cause for this
methods approved by the Director.” alternate method. It is not contrary to law and will not result in
any increased cost to the Government. Overall, ATF believes
allowing for this flexibility assists with the effective administra-
tion of 27 CFR Part 555.
86
 Held, ATF will approve alternate methods or procedures for ATF Ruling 2009–3
the preloading and temporary storage of bulk blasting agents in
The Bureau of Alcohol, Tobacco, Firearms and Explosives
delivery vehicles at explosive magazine site(s), when the
(ATF) has received requests from State and local law enforce-
security and immobilization meets the following criteria:
ment agencies to store explosive materials overnight in official
1. All doors on the vehicle are locked, the ignition key is
response vehicles. The agencies assert that authorization for this
removed, and the key is secured away from the truck.
alternate storage procedure would increase public safety and
2. When the site is not in operation, outer perimeter
ensure that their responses to critical incidents are conducted
security is established. This may be by a variety of means such
more efficiently. Explosive storage magazines are often located
as a locked gate, security guards, fence, natural features, or a
several miles away from a response vehicle’s location. Without a
combination of these.
storage variance, prior to reporting to a critical incident, State
3. Each potential access point to explosive materials on a
and local bomb technicians and explosives response teams are
storage vehicle will be secured with a minimum of one padlock
often required first to travel to the explosive storage magazine
that has at least five tumblers and casehardened shackle of at
location, retrieve the necessary explosive materials required to
least 3⁄8" diameter.
perform their duties, and then proceed to the incident scene.
4. Each vehicle shall be immobilized through the use of a
This situation may hinder the agency’s ability to rapidly respond
steering wheel locking device, lockable battery disconnect
to critical incidents.
switch, or both.
Under Title 18, United States Code (U.S.C.), Section 842(j),
5. All vehicles preloaded with blasting agents shall be
all persons must store explosive materials in compliance with
parked in a company designated area not susceptible to fire
the regulations issued by the Attorney General. The Attorney
propagation such as bare dirt, gravel, rock, paving, or closely
General has delegated the authority to administer and enforce
mowed parking lot.
the Federal explosives laws to the Director, ATF. The regulations
All other provisions of 27 CFR Part 555 must be complied
contained within Title 27, Code of Federal Regulations (CFR),
with as prescribed.
Part 555 implement the provisions of the Federal explosives
Held further, licensees and permittees who wish to use the
laws. Section 555.205 provides that all explosive materials must
alternate method or procedure set forth in this ruling are not
be kept in locked magazines meeting the standards in Part 555,
required to obtain advance approval in accordance with 27 CFR
Subpart K, unless they are in the process of manufacture, being
555.22.
physically handled in the operating process of a licensee or user,
Held further, this ATF-approved alternate method or proce-
being used, or being transported to a place of storage or use by a
dure for the temporary storage of bulk blasting agent products in
licensee or permittee or by a person who has lawfully acquired
locked and properly secured vehicles shall not be withdrawn
explosive materials under Section 555.106. State and local
unless the holder of said variance is so advised by ATF in
governments are not exempt from the requirement to store
writing or no longer holds a Federal explosives license or
explosives in conformity with ATF regulations.
permit.
The regulations at 27 CFR 555.22 allow the Director, ATF, to
Date approved: January 26, 2007
approve the use of an alternate method or procedure in lieu of a
18. 18 U.S.C. 842(j): Storage of Explosives method or procedure specifically prescribed in Part 555. ATF
may approve an alternate method or procedure when: (1) Good
18 U.S.C. 845(a): Exceptions; Relief from cause is shown for the use of the alternate method or procedure;
Disabilities (2) The alternate method or procedure is within the purpose of,
and consistent with the effect intended by, the specifically
27 CFR 555.22: Alternate Methods or
prescribed method or procedure and that the alternate method or
Procedures
procedure is substantially equivalent to that specifically
27 CFR 555.29: Unlawful Storage prescribed method or procedure; and (3) The alternate method
27 CFR 555.141: Exemptions 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
27 CFR 555.205: Movement of Explosive the effective administration of 27 CFR Part 555.
Materials ATF finds that, provided certain conditions are met, there is
Under specific conditions, State and local good cause for authorizing storage of explosive materials in
bomb technicians and explosives response official response vehicles. For purposes of this ruling, the term
teams may store a limited amount of explosive “official response vehicle” is limited to State and local law
enforcement department-issued vehicles specially designated for
materials within official response vehicles.
use by bomb technicians and explosives response teams.

87
Allowing State and local bomb technicians and explosives Held further, all State and local law enforcement agencies
response personnel the flexibility to store explosive materials intending to store explosive materials in official response
overnight in official response vehicles, whether or not attended, vehicles, whether attended or unattended, must meet the following
would increase public safety and facilitate quick and efficient criteria at all times:
incident response and law enforcement operations. In addition, (1) Explosive materials must be stored in at least a Type-3
ATF finds that the additional security protocols provided in this magazine;
ruling, such as enhanced storage security features, limited overall (2) Magazines must be secured with one steel padlock
explosive materials load, magazine inspections, and increased (which need not be protected by a steel hood) having at least five
inventory requirements are consistent with the effect intended by, tumblers and a case-hardened shackle of at least 3⁄8" diameter.
and are substantially equivalent to, the specifically prescribed Alternatively, the magazine may be secured by placing it inside a
methods and procedures prescribed in Part 555, Subpart K. locked compartment within the vehicle designed to meet law
Further, this alternate method is not contrary to any provision of enforcement construction standards for weapons storage within
law, will not increase costs to ATF, and will not hinder the the vehicle;
effective administration of the regulations. (3) Agencies must securely bolt or otherwise affix the
Held, State and local bomb technicians and explosives magazines, or the locked compartments in which the magazines
response teams may store explosive materials in official response are stored, to the vehicle. Nuts must be located on the inside of
vehicles parked inside a secured building, provided the condi- the magazine or compartment where they cannot be removed
tions set forth below are met at all times. A building is considered from the outside. The nuts must be covered with a non-sparking
“secured” if it is a law enforcement or other government facility material, such as epoxy paint or plywood;
not accessible by unauthorized personnel. A secured building has (4) If a magazine placed in a vehicle uses a secondary
law enforcement or other government personnel present at all locking system containing a chain or cable and a padlock, the
times, or the building has an additional security feature such as agency need not bolt it to the trunk or cargo area of the vehicle or
an alarm, camera, or card entry system. lock it with one steel padlock. Rather, the agency must close and
(1) Official response vehicles and buildings must be locked stabilize the magazine securely within the trunk or cargo area of
and secured at all times when not in use; and the vehicle using the secondary lock’s chain or cable and padlock;
(2) No more than 50 pounds Net Explosives Weight total (5) Agencies may store detonators in the same magazine as
may be stored in each building. This means that the combined delay devices, electric squibs, safety fuse, igniters, igniter cord,
Net Explosives Weight stored in official response vehicles and and shock tube, but not in the same magazine with other explo-
other explosives storage magazines located in the building may sive materials;
not exceed 50 pounds. Note that the Net Explosives Weight of (6) Agencies may not store any amount of loose or free-
explosive materials stored is not to be confused with the TNT flowing explosive powders, irrespective of the packaging configu-
equivalency weight of explosive materials. ration. This does not prohibit the transport of necessary amounts
Held further, State and local bomb technicians and explosives of black or smokeless powders for use at specifically planned
response teams may store explosive materials in unattended, operations or the transport of seized black or smokeless powders
official response vehicles parked at an outdoor location, provided as a result of operations;
the conditions set forth below are met at all times. The outdoor (7) Agencies may not store any tools or other metal devices
location may be an unsecured area accessible by civilians or in the same magazine as the explosive materials;
unauthorized personnel. (8) Officers storing explosive materials within official
(1) When not in use, official response vehicles must be response vehicles must maintain an inventory storage record. The
locked at all times and have at least one additional security record must contain the name of the explosive material’s manu-
feature, such as a vehicle alarm, vehicle tracking device, or facturer, the quantity on hand, and the dates that the materials are
vehicle immobilization mechanism, or other equivalent alterna- received, removed, or used. Officers must maintain a copy of this
tive; and record within the vehicle and at an off-site location, such as with
(2) Official response vehicles located at an outdoor the Bomb Squad Commander;
location may not store explosive materials in excess of: (9) Officers must conduct a quarterly inventory of the
(i) 20 detonators (electric, non-electric, or explosive materials on hand and compare it to the inventory
electronic); and storage record. Officers must note this inventory in the inventory
(ii) 2.5 pounds Net Explosives Weight of all other storage record;
explosive materials. (10) Officers must inspect the magazine once every 7 days to
Note that the above list does not limit the amount of disruptor determine whether there has been any attempted or unauthorized
ammunition or unmixed binary explosives carried on a response entry into the magazine, or unauthorized removal of the contents
vehicle. stored in the magazine; and

88
 (11) In the event of the theft or loss of explosive materials, maximize efficiencies of labor and space—often rely on storage
law enforcement officers must report the theft or loss to ATF configurations in which the labels on some containers of explo-
within 24 hours of discovery by calling 1-800-800-3855 and sive materials are not visible.
completing an ATF Form 5400.5, Report of Theft or Loss of For example, multiple containers of explosive materials may be
Explosive Materials. You may obtain this form from the ATF stacked on pallets for shipment from an importer, manufacturer,
Distribution Center by calling 301-583-4696, or through the ATF or distributor. While such a stacked-pallet arrangement of
website at http://www.atf.gov/forms/download/atf-f-5400-5.pdf. explosive materials may be beneficial for shipping purposes, the
Any other alternate methods or procedures not permitted by arrangement does not lend itself to easy access to and identifica-
this ruling may be requested through a variance request addressed tion of every container within a stacked formation on a pallet.
to the ATF Explosives Industry Programs Branch (EIPB). More specifically, explosive materials containers positioned in
Requests may be made by sending an email to [email protected] or the center of the pallet are not readily visible and therefore the
letter to: labels and marks on such containers moved into a magazine on a
Explosives Industry Programs Branch shipping pallet are not visible when inventory is conducted.
Bureau of Alcohol, Tobacco, Firearms and Explosives Similarly, magazine space limitations may compel licensees
99 New York Avenue, NE. and permittees to arrange containers of explosive materials in
Mailstop 6E403 consecutive rows, with little or no space between the rows. As a
Washington, DC 20226 result, and similar to the cube-pallet arrangement, the labels and
marks on the containers of explosive materials that are not at the
To request a copy of ATF’s Federal Explosives Laws and front of such stacked consecutive rows are not visible for inspec-
Regulations, ATF P 5400.7, you may contact the ATF Distribution tion.
Center at 301-583-4696, or your local ATF office. You may also The Federal explosives laws, at Title 18, United States Code
download a copy of this publication from ATF’s website at (U.S.C.), Chapter 40, require all persons to store explosive
http://www.atf.gov/publications/explosives-arson/. materials in a manner in conformity with regulations issued by
Date approved: June 19, 2009 the Attorney General. Under 28 CFR 0.130(a), the Attorney
19. 18 U.S.C. 842(j): Storage of Explosive General has delegated his authority to administer and enforce the
Materials Federal explosives laws to the Director of ATF. The regulations in
27 CFR Part 555 implement the provisions of the Federal
27 CFR 555.22: Alternate Methods or Procedures explosives laws. The regulation at 27 CFR 555.214(b) states:
“Containers of explosive materials are to be stored so that marks
27 CFR 555.214(b): Storage within Types 1, 2, 3,
are visible. Stocks of explosive materials are to be stored so they
and 4 Magazines
can be easily counted and checked upon inspection.” Marks
ATF authorizes an alternate method or proce- include, among other information, the manufacturer’s name and
dure from the explosive materials visible marks date/shift code.
storage requirement of 27 CFR 555.214(b). Licensees and permittees may seek approval from ATF to use
Specifically, ATF authorizes Federal explosives an alternate method or procedure in lieu of a method or procedure
licensees and permittees to store in magazines specifically prescribed in the regulations. Federal regulations at
containers of explosive materials so that marks 27 CFR 555.22 provide that the Director of ATF may approve an
alternate method or procedure, subject to stated conditions, when
are not visible, provided all of the requirements
he finds that: (1) good cause is shown for the use of the alternate
stated in this ruling are met.
method or procedure; (2) the alternate method or procedure is
ATF Ruling 2010–2 substantially equivalent to, within the purpose of, and consistent
with the effect intended by, the specifically prescribed method or
The Bureau of Alcohol, Tobacco, Firearms and Explosives
procedure; and (3) it will not be contrary to any provision of law
(ATF) has received questions from Federal explosives licensees
and will not result in an increase in cost to the Government or
and permittees (licensees and permittees) regarding the require-
hinder the effective administration of 27 CFR Part 555.
ments under 27 CFR 555.214(b) pertaining to the storage of
ATF recognizes that, provided certain conditions are met,
containers of explosive materials in magazines.
stocks of the same explosive materials with identical marks can
Licensees and permittees have informed ATF that it is often
be stored so that even though all marks on containers are not
impractical to store explosive materials in such a way that the
visible, the stocks can still be counted and checked upon inspec-
label on each container of explosive materials is visible. They
tion to readily disclose the information required for inventory and
have advised ATF that common industry practices—developed to
inspection. ATF has determined that explosive materials storage

89
consistent with these practices complies with the underlying readily visible, so long as the stocks of explosive materials can
purpose of the regulation at 27 CFR 555.214(b) so long as: (1) reasonably be accessed, counted, and checked upon inspection in
the explosive materials containers stored in close proximity to accordance with 27 CFR 555.214(b).
each other are the same explosive materials with identical marks; Held further, licensees and permittees may store in their
and (2) the stocks of explosive materials can reasonably be magazines containers of different explosive materials, or contain-
accessed, counted, and checked upon inspection in accordance ers of the same explosive materials with different date/shift codes
with 27 CFR 555.214(b). This storage configuration is acceptable on the labels, such that the labels on some of the containers are
because: (1) an accurate accounting can be conducted with not readily visible, so long as the licensee or permittee: (1)
minimal movement of explosive materials; and (2) randomly maintains and keeps available for inspection an accurate,
sampling several containers with identical marks to verify that complete, and updated list of all the explosive materials on the
the explosive materials are the same does not impose a signifi- pallet or in the stacked group, including the marks for each
cant burden on the ATF official who conducts the inventory. container (manufacturer’s name or brand name and date/shift
A mixed storage configuration is one in which stacked code), and the quantity and description (type of explosive
containers hold different quantities, sizes and/or types of explo- materials); and (2) ensures that the stocks of explosive materials
sive materials; or hold the same quantities, sizes and types of can reasonably be accessed, counted, and checked upon inspec-
explosive materials, but are labeled with different date/shift tion in accordance with 27 CFR 555.214(b).
codes. In these configurations, the containers are often stacked so Date approved: June 4, 2010
that the labels on some of the containers are hidden from view by
other stacked containers. ATF has determined that such a mixed 20. 18 U.S.C. 842(j): Storage of Explosives
storage configuration is acceptable so long as: (1) the licensee or
27 CFR 555.22: Alternate Methods or Procedures
permittee maintains and keeps available for inspection an
accurate, complete, and updated list of all the explosive materials 27 CFR 555.205: Movement of Explosive
on the pallet or in the stacked group, including the marks for each Materials
container (manufacturer’s name or brand name and date/shift ATF authorizes an alternate method or proce-
code), and the quantity and description (type of explosive
dure from the provisions of 27 CFR 555.205 re-
materials); and (2) the licensee or permittee ensures that the
quiring the storage of explosive devices inside a
stocks of explosive materials can reasonably be accessed,
locked magazine. Specifically, ATF authorizes
counted, and checked upon inspection in accordance with 27
CFR 555.214(b). This storage configuration is acceptable explosives licensees and permittees to store
because: (1) an accurate accounting can be conducted with loaded perforating guns outside of a locked
minimal movement of explosive materials; and (2) randomly magazine provided all of the requirements stated
sampling several containers to verify the accuracy of the list does in this ruling are met.
not impose a significant burden on the ATF official who conducts
the inventory.
ATF Ruling 2010–7
The purpose of the regulation at 27 CFR 555.214(b) is to The Bureau of Alcohol, Tobacco, Firearms and Explosives
ensure that explosive materials inventories can be efficiently (ATF) has received requests from members of the explosives
conducted by the licensee or permittee and by ATF officials industry for permission to store loaded perforating guns, which
during an inspection while minimizing the movement of explo- contain explosive materials, outside of a locked magazine.
sive materials during such inventory and inspection activities. In Perforating guns are used primarily to pierce oil and gas wells
storage scenarios like those described above, under the conditions in preparation for production operations. Industry members who
set forth in this ruling, the fact that the marks on some containers use perforating guns assemble each perforating gun to meet a
are not immediately and readily visible does not negatively affect specific purpose and function depending on oil or gas well
the ability of the ATF official or the licensee or permittee to conditions. Each perforating gun assembly can measure up to 70
conduct an inventory verification. ATF therefore finds there is feet in length and weigh in excess of 150 pounds when loaded
good cause to authorize a variance from the provisions of 27 CFR with explosives. Perforating gun assemblies are commonly
555 that require the marks on all containers of explosive materi- housed within hollow thick-walled steel tubes and contain shaped
als stored in magazines to be visible. Further, this alternate charges that explode to pierce the well. Each individual shaped
method or procedure is not contrary to any provision of law, will charge typically contains between 25 and 45 grams of high
not increase costs to ATF, and will not hinder the effective explosives and is initiated by detonating cord and a detonator.
administration of the regulations. Although detonators are commonly attached to the assembly
Held, licensees and permittees may store in their magazines immediately prior to down-hole loading at the job site, perforat-
containers of explosive materials that have identical marks on the ing guns are sometimes armed with detonators upon assembly.
labels, such that the labels on some of the containers are not
90
During transportation of perforating guns, Department of weight of preloaded perforating guns often make it difficult or
Transportation regulations require a detonator interrupter device impossible to store them within an explosives magazine as
to be placed between the detonators and detonating cord, which prescribed under the regulations. Moreover, because many
prevents the possibility of an unintended initiation. perforating gun assemblies are housed within metal tubes, these
An oil or gas well operation may urgently need perforating assemblies create an unnecessary sparking hazard to other
guns due to the varying conditions within the well operations. explosives contained within an explosives magazine.
Assembling the guns at the worksite, often under unsafe or Further, on occasion, operators must return unused loaded
adverse conditions, can significantly delay operations and place perforating gun assemblies from a jobsite to their business
workers at risk. In addition, waiting until perforating guns are premises due to inclement weather conditions or jobsite changes.
needed before beginning the assembly operation would result in Without approved alternate storage areas, operators would be
costly delays for the well operator. To facilitate perforating forced to disassemble the loaded perforating guns and remove the
operations and meet job demands, many perforating gun opera- individual explosive products to a magazine, which can signifi-
tors maintain a fixed amount of preloaded perforating gun cantly increase the safety risk to operators. Allowing the storage
assemblies that can be used on short notice. of loaded perforating guns in alternate secure areas greatly
Preloaded perforating guns are generally assembled by affixing decreases the chance of an accident occurring due to unsafe or
open-faced shaped charges and detonating cord within a steel adverse conditions at the jobsite and the need for operators to
tube carrier and then sealing the ends of the tube. Sealing the handle and move loaded perforating guns repeatedly between the
tube protects the explosives from accidental damage, discharge, assembly area and the magazine. Additionally, the length and
or unauthorized removal. The shaped charges sealed in the carrier weight of loaded perforating guns can make them difficult to steal
assembly perforate the steel tube during initiation within the well. when stored outside a magazine. For these reasons, ATF has
Some perforating gun assemblies, however, have pressure-sealed issued numerous variances to operators allowing the storage of
shaped charges on metallic strips or wires that do not require preloaded perforating guns inside a secure building or at an
steel tube housings. outdoor location subject to certain conditions.
Under Federal law, Title 18, United States Code, Section 842(j), Allowing the storage of preloaded perforating guns in secure
all persons must store explosive materials, to include explosive buildings or areas outside a magazine will increase worker safety,
devices, in compliance with regulations issued by the Attorney provided certain conditions are met, and will likely not result in
General. The Attorney General has delegated the authority to increased risk of theft. For these reasons, ATF finds that there is
administer and enforce the Federal explosives laws to the good cause for authorizing a variance from the provisions of 27
Director, ATF. The regulations promulgated by ATF to implement CFR 555.205 requiring the storage of these explosive devices
the provisions of the Federal explosives laws are codified at Title inside a locked magazine. ATF further finds that the additional
27, Code of Federal Regulations (CFR), Part 555. The regulation security measures provided in this ruling as a condition of the
at 27 CFR 555.205 requires that “[a]ll explosive materials must alternate storage methods and procedures provided below, are
be kept in locked magazines meeting the standards in this subpart consistent with the effect intended by, and are substantially
unless they are: (a) In the process of manufacture; (b) Being equivalent to, the methods and procedures prescribed in Part 555,
physically handled in the operating process of a licensee or user; Subpart K. Further, the alternate method or procedure authorized
(c) Being used; or (d) Being transported to a place of storage or by this ruling is not contrary to any provision of law, will not
use by a licensee or permittee or by a person who has lawfully increase costs to ATF, and will not hinder the effective administra-
acquired explosive materials under § 555.106.” tion of the regulations.
Under 27 CFR 555.22, ATF may approve the use of an alter- Federal explosives licensees (FELs) or Federal explosives
nate method or procedure in lieu of a method or procedure permittees (FEPs) may store perforating guns in areas outside of
specifically prescribed in Part 555. ATF may approve an alternate locked magazines, whether located indoors or outdoors, provided
method or procedure when: (1) Good cause is shown for the use all of the following conditions are met at all times:
of the alternate method or procedure; (2) The alternate method or 1. Loaded perforating gun assemblies armed with detona-
procedure is within the purpose of, and consistent with the effect tors or initiating devices must contain a detonator interrupter
intended by, the specifically prescribed method or procedure and device.
that the alternate method or procedure is substantially equivalent 2. A handling cap, plug, or other closure device must be
to that specifically prescribed method or procedure; and (3) The installed on both ends of loaded hollow type carrier guns.
alternate method or procedure will not be contrary to any Perforating guns with exposed explosive components (e.g., those
provision of law and will not result in an increase in cost to the that consist of sealed charges mounted on strips or wires, and that
Government or hinder the effective administration of Part 555. are not mounted in a carrier assembly, must be secured so as to
Perforating guns are generally assembled within a building or prevent the unauthorized removal of explosives (e.g., storage
shop that contains the tools and materials necessary to safely within a locked room inside a building, storage within a transpor-
prepare each perforating gun. Once assembled, the length and tation carrier or other protective housing assembly).
91
 3. Impact wrenches or other tools that could be used to 1. No more than 50 pounds of explosives may be stored
disassemble the loaded perforating guns must be kept separate inside any facility used for indoor explosives storage. This means
and secured from the loaded perforating guns to prevent unau- that the combined net explosives weight contained in magazines
thorized removal of the explosive materials. and outside of magazines in any one building must not exceed 50
4. The government authority having jurisdiction over fire pounds.
safety in the locality in which the loaded perforating guns are 2. All loaded perforating guns must either lie flat on the
being stored must be notified of the location of the loaded floor or be placed in stable racks to prevent accidental movement
perforating guns. or discharge.
5. All buildings, areas, or vehicles containing pre-loaded 3. The building in which the loaded perforating guns are
perforating guns must be visually inspected at least once every stored must be securely locked or attended by FEL/FEP respon-
three calendar days. This inspection must be sufficient to deter- sible persons or employee possessors.
mine whether there has been unauthorized entry or attempted If the loaded perforating guns are stored in an outdoor location,
entry into the building, area, or vehicle, or unauthorized removal the following additional conditions must be met at all times:
of the perforating gun assemblies from a building, area, or 1. The perimeter of the area containing loaded perforating
vehicle. guns must be secured by a security fence with a locked gate or
6. A daily summary of magazine transactions (27 CFR the entire facility must be completely enclosed by a security
555.127) must be maintained for each area, building, or vehicle fence with each entrance point secured at all times by a locked
that contains loaded perforating guns. Quantity entries may be gate. For the purpose of this ruling, the security fence must be a
expressed as the number of individual perforating guns stored minimum of 6 feet high and have firmly anchored posts to ensure
within each separate area, building, or vehicle. Information as to its structural stability. The gate must be secured with a padlock
the quantity and description of explosive products contained that has at least five tumblers and a case-hardened or boron alloy
within each individual perforating gun shall be provided to any shackle of at least 3⁄8" diameter.
ATF officer on request. 2. Loaded perforating guns may be stored on a vehicle or
7. The local ATF office must be notified in writing no less trailer provided all doors are locked. The vehicle or trailer must
than three (3) Federal business days prior to utilizing an alternate be immobilized by a standard kingpin locking device, steering
storage building, area, or vehicle pursuant to this ruling. The wheel locking device, or lockable battery disconnect. The igni-
written notification submitted to ATF must contain, at a mini- tion key must be removed from the vehicle and secured away
mum, the following information: from the vehicle.
a. The FEL or FEP’s name; 3. All vehicles loaded with perforating guns must be
b. The FEL or FEP number; parked in an area not susceptible to fire propagation such as bare
c. The location of alternate storage; dirt, gravel, rock, paving, or closely mowed grass.
d. The FEL or FEP’s contact information, including, at a 4. No more than 200 loaded perforating guns or 2,500
minimum, the name of a person designated as the FEL or FEP’s pounds of net explosive weight may be kept outside a magazine.
point of contact for the notification, as well as the address, Each outdoor area or vehicle containing loaded perforating guns
telephone and facsimile number, and, if available, email address; must comply with the table of distances requirements set forth in
and 27 CFR 555.218.
e. Any other information concerning the alternate 5. The loaded perforating guns may be stored in a covered
storage or items stored that ATF may require. or uncovered area as long as the guns are placed flat on a con-
8. The licensee or permittee desiring to store perforating crete or paved floor, offshore well tool pallets, or placed on
guns in areas outside of magazines subject to the conditions of permanently mounted racks to prevent accidental movement or
this ruling should maintain a copy of its submission to ATF of the discharge.
information required (Item #7, above) with its permanent records. 6. Loaded perforating guns that have exposed explosives
The licensee or permittee should also retain proof of its submis- that are not contained within a secure tube (e.g., tube-less strips
sion (e.g., certified return receipt mail, tracking receipt, or other or wire guns) may not be stored in an outdoor location.
printed verification). Once the licensee or permittee has submitted the necessary
9. All other provisions of 27 CFR Part 555 must be documentation to ATF pursuant to this ruling, and complied with
complied with as prescribed. all other conditions set forth in this ruling, no separate, individual
If the loaded perforating guns are stored in an indoor location, variance approval from ATF is required, and the licensee or
the following additional conditions must be met at all times: permittee may store perforating guns in areas outside of maga-
zines. Licensees and permittees must still abide by all other
provisions relating to the storage of explosives.

92
 Held, pursuant to 27 CFR 555.22, ATF authorizes an alternate Outdoor type 5 bin and silo magazines are also inherently less
method or procedure from the provisions of 27 CFR 555.205 susceptible to theft than conventional magazines due to their
requiring the storage of explosive devices inside a locked design. Bin and silo access points are small, and entry to the top
magazine. Specifically, ATF authorizes explosives licensees and of the magazine can only be gained using a pull-down ladder. The
permittees to store loaded perforating guns outside of a locked discharge valve is typically located on the underside of the bin,
magazine provided all of the requirements stated in this ruling making it difficult to access. Additionally, the nature of the bulk
have been met. blasting agents stored in these types of magazines makes them
Held further, if ATF finds that a licensee or permittee has more difficult to steal than packaged explosives products. They
failed to abide by the conditions of this ruling, or uses any are difficult to remove from the bins or silos due to the height of
procedure that hinders the effective administration of the explo- a common silo and the lack of packaging for bulk products. For
sives laws or regulations, ATF may notify the licensee or permit- these reasons, pursuant to an ATF—approved variance, licensees
tee that the licensee or permittee is no longer authorized to store and permittees generally use alternate locking configurations on
perforating guns outside of a locked magazine under this ruling. their type 5 bin or silo magazines, subject to certain conditions.
Date approved: November 24, 2010 Under Federal law, Title 18, United States Code, section 842(j),
all persons must store explosive materials in compliance with
21. 18 U.S.C. 842(j): Storage of Explosives regulations issued by the Attorney General. The Attorney General
has delegated the authority to administer and enforce the Federal
27 CFR 555.22: Alternate Methods or Procedures
explosives laws to the Director, ATF. The regulations promulgated
27 CFR 555.211(a)(4): Locking Requirements of by ATF to implement the provisions of the Federal explosives
Type 5 Magazines laws are codified at Title 27, Code of Federal Regulations (CFR),
ATF authorizes an alternate method or proce- Part 555.
dure from the provisions of 27 CFR 555.211(a)(4) The regulation at 27 CFR 555.211(a)(4) addresses the locking
requirements of outdoor type 5 magazines, providing that “[e]ach
requiring the storage of explosives in outdoor
door is to be equipped with (i) two mortise locks; (ii) two
type 5 magazines with doors equipped with the
padlocks fastened in separate hasps and staples; (iii) a combina-
requisite locks. Specifically, ATF authorizes explo- tion of a mortise lock and a padlock; (iv) a mortise lock that
sives licensees and permittees to store bulk requires two keys to open; or (v) a three-point lock. Padlocks
blasting agents in outdoor type 5 bin or silo must have at least five tumblers and a case-hardened shackle of at
magazines without the specified locks provided least 3⁄8" diameter. Padlocks must be protected with not less than
all of the requirements stated in this ruling have 1
⁄4" steel hoods constructed so as to prevent sawing or lever action
been met. on the locks, hasps, and staples.”
Licensees and permittees may seek approval from ATF to use
ATF Ruling 2011–2 an alternate method or procedure in lieu of a method or proce-
The Bureau of Alcohol, Tobacco, Firearms and Explosives dure specifically prescribed in the regulations. Federal regula-
(ATF) has received numerous requests from Federal explosives tions at 27 CFR 555.22 provide that the Director of ATF may
licensees and permittees for variances from the locking require- approve an alternate method or procedure, subject to stated
ments for outdoor type 5 bin and silo storage magazines. conditions, when he finds that: (1) good cause is shown for the
Outdoor type 5 bin and silo magazines are used to store bulk use of the alternate method or procedure; (2) the alternate method
blasting agents, typically bulk emulsion and ammonium nitrate- or procedure is substantially equivalent to, within the purpose of,
fuel oil (ANFO). Due to the nature of these bulk explosive and consistent with the effect intended by, the specifically
materials, they cannot be stored in magazines with conventional prescribed method or procedure; and (3) it will not be contrary to
doors that are easily padlocked and hooded. Instead, bulk blasting any provision of law and will not result in an increase in cost to
agents must be stored in magazines with filling and discharge the Government or hinder the effective administration of 27 CFR
systems that have small openings that are secured and controlled Part 555.
by hatches, valves, and nozzles. It is impractical to retrofit the ATF finds that there is good cause for licensees and permittees
locks used on these magazines with hoods because of the to store bulk blasting agents in outdoor type 5 bin or silo maga-
configuration of the filling and discharge systems. Additionally, zines with doors not equipped with the requisite locks. Due to the
access points, including ladders and hatch openings, cannot be nature of bulk blasting agents, it is difficult for licensees and
hooded or secured with two padlocks without impeding access to permittees to comply with the locking requirements of section
the magazine. 555.211(a)(4). Further, the design of outdoor type 5 bin and silo
magazines, and the inaccessibility of the bulk blasting agents
stored within them, provides protection from theft and loss that is

93
substantially equivalent to the requirements of section 555.211 27 CFR 555.209: Construction of Type 3
(a)(4), provided certain conditions are met. This alternate method Magazines
or procedure is also not contrary to any provision of law, will not
27 CFR 555.210: Construction of Type 4
increase costs to ATF, and will not hinder the effective adminis-
tration of the regulations.
Magazines
Federal Explosives Licensees (FELs) or Federal Explosives 27 CFR 555.211: Construction of Type 5
Permittees (FEPs) may store bulk blasting agents in outdoor type Magazines
5 bin or silo magazines with doors not equipped with the requi-
ATF authorizes an alternate method or proce-
site locks, provided all of the following conditions are met at all
dure from the provisions of 27 CFR Part 555,
times:
1. When not in operation, adequate security that restricts
Subpart K, requiring the storage of explosives in
outer perimeter access must be provided. The use of a locked magazines with doors equipped with the requisite
gate, security guards, fences, or a combination of these measures locks. Specifically, ATF authorizes explosives
may be used. licensees and permittees to secure explosives
2. Each outdoor bin or silo must be secured with at least magazines with hidden-shackle “hockey puck”
one five tumbler padlock with a case-hardened shackle of at least locks, recessed padlocks, and padlocks with
3
⁄8" diameter on the top hatch, the valves at the loading ports and boron alloy shackles, provided all of the require-
points of discharge, and the elevated ladder to prevent anyone ments stated in this ruling have been met.
from climbing onto bins or silos.
3. Blasting agent storage silos and bins must meet all other ATF Ruling 2011–3
construction requirements of type 5 magazines as described in The Bureau of Alcohol, Tobacco, Firearms and Explosives
27 CFR 555.211. (ATF) has received requests from members of the explosives
All other provisions of 27 CFR Part 555 must be complied with industry for permission to secure explosives magazines with
as prescribed. certain alternate locks or locking methods.
Once the licensee or permittee has complied with all conditions Recent advances in locking technologies have provided the
set forth in this ruling, no separate, individual variance approval explosives industry with more options for securing their explo-
from ATF is required, and the licensee or permittee may store sives storage magazines. Currently, explosives industry members
bulk blasting agents in outdoor type 5 bin or silo magazines with secure their explosives magazines primarily with padlocks
doors not equipped with the requisite locks. fastened in separate hasps and staples and protected with 1⁄4" thick
Held, pursuant to 27 CFR 555.22, ATF authorizes an alternate steel hoods. However, the commercial availability of steel hoods
method or procedure from the provisions of 27 CFR is limited to a small number of distributors, and non-commercial
555.211(a)(4) requiring the storage of explosives in outdoor type fabrication can be costly.
5 magazines with doors equipped with the requisite locks. As a more cost effective alternative, explosives industry
Specifically, ATF authorizes explosives licensees and permittees members have asked ATF to approve hidden-shackle locks,
to store bulk blasting agents in outdoor type 5 bin or silo maga- commonly known as “hockey puck” or “puck” locks to secure
zines without the specified locks provided all of the requirements their explosives storage magazines. Several companies manufac-
stated in this ruling have been met. ture hidden-shackle puck locks and protective steel hasps that are
Held further, if ATF finds that a licensee or permittee has distributed by local hardware and construction retail outlets
failed to abide by the conditions of this ruling, or uses any throughout the United States. Hidden-shackle puck locks are
procedure that hinders the effective administration of the explo- generally based on the same design, in which the lock shackles
sives laws or regulations, ATF may notify the licensee or permit- are completely enclosed within the steel lock body, thereby
tee that the licensee or permittee is no longer authorized to utilize protecting the shackle from cutting or sawing action. The lock
this alternate method or procedure. cylinders and other internal mechanisms within the hidden-
Date approved: February 18, 2011 shackle puck locks are designed similarly to those in traditional
padlocks. The locks are commonly sold with steel hasps that are
22. 18 U.S.C. 842(j): Storage of Explosives
affixed with steel staples and with steel shrouds that protect the
27 CFR 555.22: Alternate Methods or Procedures locks and staples from prying or lever action. Most steel hasps
are installed with 3⁄8" thick carriage bolts.
27 CFR 555.207: Construction of Type 1 Explosives industry members have also asked ATF to approve
Magazines magazines such as job site boxes, typically used at construction
27 CFR 555.208: Construction of Type 2 worksites and other industrial locations, as type 4 magazines for
Magazines the storage of low explosives. Several companies manufacture job

94
site boxes that are available from local hardware and construction providing that doors are to be equipped with one steel padlock
retail outlets throughout the United States. Generally, job site (which need not be protected by a steel hood) having at least five
boxes are based on a design that accepts padlocks housed into tumblers and a case-hardened shackle of at least 3⁄8" diameter.
recessed openings that prevent the sawing, levering, or prying Licensees and permittees may seek approval from ATF to use
action on the locks, staples, or hasps. The boxes are typically an alternate method or procedure in lieu of a method or proce-
constructed of 12 or 16 gauge steel and affixed with top-opening dure specifically prescribed in the regulations. Federal regula-
doors (lids) that lock when two internal metal latches are secured tions at 27 CFR 555.22 provide that the Director of ATF may
by two recessed padlocks. The padlocks are inserted shackle first approve an alternate method or procedure, subject to stated
into an opening of a shape and size that fully accepts the lock, conditions, when he finds that: (1) good cause is shown for the
and the lock shackles are secured to metal u-bolt staples. The use of the alternate method or procedure; (2) the alternate method
padlocks and u-bolts cannot be removed without gaining access or procedure is substantially equivalent to, within the purpose of,
to the magazine interior. The padlock base and keyway are the and consistent with the effect intended by, the specifically pre-
only visible portions of the padlocks. Job site boxes are not scribed method or procedure; and (3) it will not be contrary to
manufactured with 1⁄4" steel hoods to protect the padlocks, though any provision of law and will not result in an increase in cost to
the magazine body acts as a protective steel hood for the recessed the Government or hinder the effective administration of 27 CFR
padlocks. Part 555.
Additionally, explosives industry members have asked ATF to Historically, the most prevalent method of unauthorized entry
approve padlocks that contain boron alloy steel shackles in lieu of into explosives magazines has been through attacks against the
case-hardened shackles. The manufacture of case-hardened locking mechanisms—specifically against the lock shackles.
shackles involves hardening the surface of low carbon steel by Hidden shackle “hockey puck” locks, recessed padlocks, and
infusing carbon into the steel’s surface mainly through flame or padlocks with boron alloy shackles provide shackle protection
induction hardening. Case-hardening is usually conducted after equivalent to traditional case-hardened padlocks and 1⁄4" steel
the steel shackle has been formed into its final shape and its hoods. Allowing storage of explosives in magazines secured with
center remains tough and malleable. Boron has been found as a these types of locks will also reduce costs for explosives licens-
useful alloy to improve the hardness of steel. Manufacturing ees and permittees and give them greater flexibility to secure
boron alloy shackles involves hardening the entire shackle by their explosives. For these reasons, ATF finds that, provided
heat-treating medium carbon steel thereby creating a consistent certain conditions are met, there is good cause for licensees and
hardness throughout the steel. Common testing methods used in permittees to store explosives in magazines with doors equipped
the manufacturing industry to test the strength of different with hidden shackle “hockey puck” locks, recessed padlocks, and
materials reveal that boron alloy steel is stronger than case- padlocks with boron alloy shackles. ATF further finds that the
hardened steel. conditions provided in this ruling for the alternate storage
Under Federal law, Title 18, United States Code, section 842(j), methods and procedures provided below, are consistent with the
all persons must store explosive materials in compliance with effect intended by, and are substantially equivalent to, the
regulations issued by the Attorney General. The Attorney General methods and procedures prescribed in Part 555, Subpart K.
has delegated the authority to administer and enforce the Federal Further, the alternate methods or procedures authorized by this
explosives laws to the Director, ATF. The regulations promulgated ruling are not contrary to any provision of law, will not increase
by ATF to implement the provisions of the Federal explosives costs to ATF, and will not hinder the effective administration of
laws are codified at Title 27, Code of Federal Regulations (CFR), the regulations.
Part 555. Federal explosives licensees and permittees may store explo-
The regulations at 27 CFR 555.207, 555.208, 555.210, and sives in magazines that are secured with hidden-shackle “hockey
555.211 address the locking requirements for types 1, 2, 4, and 5 puck” locks, whether located indoors or outdoors, provided all of
explosives magazines, providing generally that each door is to be the following conditions are met at all times:
equipped with (i) two mortise locks; (ii) two padlocks fastened in 1. Each magazine door must be secured with the same
separate hasps and staples; (iii) a combination of a mortise lock number of hidden-shackle puck locks as prescribed in the
and a padlock; (iv) a mortise lock that requires two keys to open; regulations (e.g. two puck locks on outdoor type 4 magazines,
or (v) a three-point lock. Padlocks must have at least five one puck lock on mobile type 3 and type 5 magazines).
tumblers and a case-hardened shackle of at least 3⁄8" diameter. 2. The hidden shackle puck lock body must be constructed
Padlocks must be protected with not less than 1⁄4" steel hoods of hardened steel and contain at least a five-pin tumbler cylinder.
constructed so as to prevent sawing or lever action on the locks, The lock shackle must be constructed of a case-hardened steel or
hasps, and staples. The regulation at 27 CFR 555.209 addresses boron alloy and measure a minimum nominal diameter of 3⁄8”.
the locking requirements for type 3 explosives magazines, 3. Each hidden-shackle puck lock must be protected within
a solid steel hasp and shroud, or by a 1⁄4" thick steel hood that
prevents the prying or lever action on the puck lock.
95
 4. The steel hasp must contain a 1⁄4" thick steel shroud that Once the licensee or permittee has complied with all conditions
surrounds the lock. Openings in the shroud required to access the set forth in this ruling, no separate, individual variance approval
lock keyway and open the magazine door must be small enough from ATF is required, and the licensee or permittee may store
to prevent sawing, levering, or prying action on the puck lock. explosives in magazines with doors equipped with locks other
5. The spaces between the steel hasps and locks, and steel than those required by 27 CFR Part 555. Licensees and permit-
shrouds and locks, must be small enough to prevent sawing, tees are reminded of their responsibility to abide by all other
levering, or prying action on the puck lock. provisions of 27 CFR Part 555 as prescribed.
6. The hasp or hood must be attached to the magazine Held, pursuant to 27 CFR 555.22, ATF authorizes an alternate
doors by welding, or installed with at least 3⁄8" thick carriage bolts method or procedure from the provisions of 27 CFR Part 555,
(with nuts on inside of door) so that they cannot be removed Subpart K, requiring the storage of explosives in magazines with
when the doors are closed and locked. doors equipped with the requisite locks. Specifically, ATF
Federal explosives licensees and permittees may store explo- authorizes explosives licensees and permittees to secure explo-
sives in magazines that are secured with recessed padlocks, sives magazines with hidden-shackle “hockey puck” locks,
whether located indoors or outdoors, provided all of the following recessed padlocks, and padlocks with boron alloy shackles,
conditions are met at all times: provided all of the requirements stated in this ruling have been
1. Each magazine door (lid) must be secured with two met.
recessed padlocks that have at least five tumblers and a case- Held further, if ATF finds that a licensee or permittee has
hardened steel or boron alloy shackle of at least 3⁄8" diameter. failed to abide by the conditions of this ruling, or uses any
2. The recessed opening that houses the locks must be procedure that hinders the effective administration of the explo-
small enough to prevent sawing, levering, or prying action on the sives laws or regulations, ATF may notify the licensee or permit-
locks when the locks are installed. tee that the licensee or permittee is no longer authorized to utilize
3. The lock shackles must be securely affixed to the interior this alternate method or procedure.
staples so the padlocks cannot be removed without gaining access Held further, this ruling supersedes all previous variance
to the magazine interior. approvals for explosives magazines secured with hidden-shackle
“hockey puck” locks or recessed padlocks.
Date approved: June 23, 2011

96
97
98
General Information (Revised 8/06)

Effect of 18 U.S.C. Chapter 40 and receive the contractor’s services and not the explosive
materials themselves (i.e. the cost of the services includes the
On the Fireworks Industry contractor’s expense in providing the fireworks utilized), and the
cost of the services includes the dealer’s expense in providing the
[Caution! This item discusses Federal requirements only.
fireworks utilized. When business is transacted in this manner,
Please contact your State or local authorities for any
additional requirements.] the customers purchasing and receiving the services need not
obtain Federal explosives licenses or permits under Part 555 as
Title XI of the Organized Crime Control Act of 1970 (18 U.S.C. long as they are not transporting, shipping, causing to be trans-
Chapter 40) establishes controls over explosive materials, ported, or receiving explosive materials. Note: the transportation
including black powder and other pyrotechnic compositions of explosive materials to the display sites would be authorized by
commonly used in fireworks. Part 555 of Title 27, Code of the Federal explosives license or permit of the licensee or
Federal Regulations (CFR), contains the regulations which imple- permittee providing the services.
ment Title XI. Section 555.141(a)(7) exempts “the importation,
distribution, and storage of fireworks classified as UN0336, With Respect to Fireworks:
UN0337, UN0431, or UN0432 explosives by the U.S. Types of permits
Department of Transportation at 49 CFR 172.101 and generally
known as ‘consumer fireworks’ or ‘articles pyrotechnic.’” Section 1. User permit: Allows the permit holder to transport, ship,
555.141(a)(7) does not exempt “display fireworks,” as defined in cause to be transported, and receive display fireworks in interstate
555.11. or foreign commerce for his or her own use and not for resale.
This permit is issued at a cost of $100 for a 3-year period and is
With Respect to Fireworks: renewable at a cost of $50 for a 3-year period.
2. User-limited permit: Identical to the user permit but
Who needs a license? issued for a single purchase transaction, only. The fee is $75; the
1. Manufacturers of black powder; permit is nonrenewable.
2. Manufacturers of any other explosive material used in
manufacturing consumer fireworks or display fireworks; and With Respect to Fireworks: Storage
3. Importers of, or dealers in, display fireworks. The law prohibits any person from storing any explosive
materials in a manner not in conformity with the regulations
With Respect to Fireworks: promulgated by the Attorney General (18 U.S.C. 842(j)). Pursuant
Who needs a permit? to this section, the Attorney General has prescribed storage
1. All persons transporting, shipping, causing to be regulations in 27 CFR Part 555, Subpart K. Display fireworks
transported, or receiving display fireworks, regardless of whether must be stored in conformity with the regulations. Display
for their own use or for commercial display purposes (Certain fireworks generally contain perchlorate mixture explosives,
exemptions apply, e.g. agencies of the United States or of any potassium chlorate base explosive mixtures, and black powder,
State or political subdivisions thereof are exempt from permit which are entered on the List of Explosive Materials with
requirements); and numerous others. (The List, which is not all-inclusive, is annually
2. A person, other than a licensee, transporting, shipping, compiled and readily available without charge from the address
causing to be transported, or receiving explosive materials for use set out in 27 CFR 555.23 or online at www.atf.gov/.) Display
in manufacturing display fireworks or consumer fireworks. fireworks must be stored as low explosives in magazines meeting,
at a minimum, the requirements for type 4 storage magazines
With Respect to Fireworks: prescribed by 27 CFR 555.210 unless they contain other classes
of explosives. Bulk salutes must be stored as high explosives in
Who may not need a license or type 1 or type 2 magazines. The net weight of the explosive
permit? materials contained in the display fireworks may be used in
Frequently, persons contracting for display fireworks (e.g., for determining compliance with table of distance requirements. To
Fourth of July observances) from a Federal explosives licensee or determine the actual weight of the materials, it may be necessary
permittee receive a total service, including the services of a to contact their manufacturers. The manufacturer of exempt or
pyrotechnician who transports display fireworks in interstate or nonexempt fireworks having stocks of explosive materials on
intrastate commerce to the site of the display and conducts and hand to be used in the manufacture of fireworks must store the
supervises the display. In these instances, the customers purchase stocks in conformity with applicable storage requirements.

99
Explosives Dealer’s and User’s The above summary is general and does not purport to fully
convey the Federal explosives law and regulations pertaining to
Guide to Federal Explosives dealers and users.
Regulation
Black Powder Transactions
Explosives May Not Be Distributed by Public Law 93-639 (1975) allows nonlicensees/nonpermittees
Licensees (Or by Any Person) to Any to purchase commercially manufactured black powder, in
Person Who: quantities of 50 pounds or less, solely for sporting, recreational or
1. Is under indictment for, or who has been convicted of a cultural purposes for use in antique firearms or antique devices.
crime punishable by imprisonment for a term exceeding one year. A nonlicensee or nonpermittee purchasing black powder under
2. Is an unlawful user of, or addicted to, marijuana or any the exemption need not be a resident of the State in which the
depressant or stimulant drug or narcotic drug (as these terms are dealer is located. Also, the categories of persons to whom the
defined in section 102 of the Controlled Substances Act). distribution of explosive materials is prohibited do not apply to
3. Has been adjudicated as a mental defective or has been black powder transactions made under the exemption.
committed to a mental institution. Acquisitions of black powder not qualifying under this exemption
4. Is a fugitive from justice. are subject to the same regulatory requirements that govern any
5. Is an alien (with certain exceptions). other low explosive.
6. Has been discharged from the armed forces under All persons who distribute black powder, regardless of quantity,
dishonorable conditions; or must be licensed as explosives dealers and, among other things,
7. Having been a citizen of the United States, has must provide adequate storage.
renounced citizenship.
8. Is less than 21 years of age. Explosives Security
Dealers in Explosives Must: Through prompt reporting of losses and thefts of explosives
and increased emphasis on physical security, explosives licensees
Have a current and valid Federal explosives license.
and permittees can contribute greatly to efforts by Federal, State
Have proper storage facilities.
and local authorities to reduce the incidence of bombings and
Keep accurate and complete records.
other criminal misuse of explosives in the United States. The
Verify that each buyer has a Federal explosives license or
following actions are of prime importance and in some instances
permit.
required:
Verify buyers’ identities.
Report… any thefts or losses of explosives within 24 hours
Users of Explosives of discovery, by telephone, to ATF (toll free:
1-800-800-3855) and to appropriate local authori-
Federal permits are required of those who transport, ship, cause
ties. Because the States and many municipalities
to be transported, or receive explosive materials. Among other
have designated specific agencies to investigate the
things, the permittee must keep complete and accurate records of
theft or loss of explosives, licensees and permittees
the acquisitions and dispositions of explosives materials. Unless
are urged to be familiar with State and local
otherwise exempted by law, no person may receive or transport
reporting procedures and appropriate contact
any explosive materials without a permit.
points.
No person shall store any explosive material Follow… telephone notification with a written report on
in a matter not in conformity with applicable ATF Form 5400.5, “Report of Theft or Loss—
Explosive Materials,” to the nearest ATF Division
regulations.
Office, and in accordance with the instructions on t
All persons must report to ATF and local he form.
Observe… activity around magazines, within business
authorities any loss or theft of their explosive
premises, and on job sites, particularly if strangers
materials within 24 hours of discovery. appear to be loitering in the area in which explo-
sives are being kept. On-site users should take
A Federal license or permit does not confer special care to assure that explosives removed from
any right or privilege to violate any state law storage for use on the job are either detonated or
or local ordinance. accounted for and unused items returned to storage.

100
 Review… recordkeeping practices to assure that no The Explosives Newsletter
discrepancies exist and that no figures in reported
During 1989 ATF developed the Explosives Industry
inventories have been manipulated, and correct any
Newsletter, an information service for Federal explosives
clerical errors promptly. Should any questions arise
licensees and permittees which is intended to help explosives
concerning explosives security procedures or any
industry members better understand the Federal laws under which
aspect of explosives regulation coming under the
they must operate. It also includes other items of particular
jurisdiction of ATF, do not hesitate to contact ATF.
interest to the explosives industry. There is no charge for the
Note: For Q&A’s on regulatory requirements governing Explosives Industry Newsletter.
recordkeeping and storage, see “Questions and Answers”
Explosives industry members who have questions concerning
numbers 62–87.
the Federal explosives laws and regulations may address their
inquiries to:
Additional Information
Bureau of Alcohol, Tobacco, Firearms and Explosives
The flow of useful information is an essential ingredient in the Explosives Industry Programs Branch
effective administration of regulatory programs. The Bureau of 99 New York Avenue, N.E.
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101
List of Explosive Materials Bulk salutes.
Butyl tetryl.
Pursuant to the provisions of section 841(d) of title 18, U.S.C., C
and 27 CFR 555.23, the Director, Bureau of Alcohol, Tobacco, Calcium nitrate explosive mixture.
Firearms and Explosives, must revise and publish in the Federal Cellulose hexanitrate explosive mixture.
Register at least annually a list of explosives determined to be Chlorate explosive mixtures.
within the coverage of 18 U.S.C. Chapter 40, Importation, Composition A and variations.
Manufacture, Distribution and Storage of Explosive Materials. Composition B and variations.
The list chapter covers not only explosives, but also blasting Composition C and variations.
agents and detonators, all of which are defined as explosive Copper acetylide.
materials in section 841(c) of title 18, U.S.C. Accordingly, the Cyanuric triazide.
following is the current List of Explosive Materials subject to Cyclonite [RDX].
Cyclotetramethylenetetranitramine [HMX].
regulation under 18 U.S.C. Chapter 40. Materials constituting
Cyclotol.
blasting agents are marked by an asterisk. While the list is
Cyclotrimethylenetrinitramine [RDX].
comprehensive, it is not all-inclusive. The fact that an explosive
material may not be on the list does not mean that it is not within D
the coverage definitions in section 841 of title 18, U.S.C. DATB [diaminotrinitrobenzene].
Explosive materials are listed alphabetically by their common DDNP [diazodinitrophenol].
DEGDN [diethyleneglycol dinitrate].
names, followed by chemical names and synonyms in brackets.
Detonating cord.
This revised list is effective as of October 19, 2011.
Detonators.
List of Explosive Materials Dimethylol dimethyl methane dinitrate composition.
Dinitroethyleneurea.
A Dinitroglycerine [glycerol dinitrate].
Acetylides of heavy metals. Dinitrophenol.
Aluminum containing polymeric propellant. Dinitrophenolates.
Aluminum ophorite explosive. Dinitrophenyl hydrazine.
Amatex. Dinitroresorcinol.
Amatol. Dinitrotoluene-sodium nitrate explosive mixtures.
Ammonal. DIPAM [dipicramide; diaminohexanitrobiphenyl].
Ammonium nitrate explosive mixtures (cap sensitive). Dipicryl sulfone.
* Ammonium nitrate explosive mixtures (non-cap sensitive). Dipicrylamine.
Ammonium perchlorate having particle size less than 15 microns. Display fireworks.
Ammonium perchlorate explosive mixtures (excluding DNPA [2,2-dinitropropyl acrylate].
ammonium perchlorate composite propellant (APCP)). DNPD [dinitropentano nitrile].
Ammonium picrate [picrate of ammonia, Explosive D]. Dynamite.
Ammonium salt lattice with isomorphously substituted inorganic E
salts. EDDN [ethylene diamine dinitrate].
* ANFO [ammonium nitrate-fuel oil]. EDNA [ethylenedinitramine].
Aromatic nitro-compound explosive mixtures. Ednatol.
Azide explosives. EDNP [ethyl 4,4-dinitropentanoate].
B EGDN [ethylene glycol dinitrate].
Baranol. Erythritol tetranitrate explosives.
Baratol. Esters of nitro-substituted alcohols.
BEAF [1, 2-bis (2, 2-difluoro-2-nitroacetoxyethane)]. Ethyl-tetryl.
Black powder. Explosive conitrates.
Black powder based explosive mixtures. Explosive gelatins.
* Blasting agents, nitro-carbo-nitrates, including non-cap Explosive liquids.
sensitive slurry and water gel explosives. Explosive mixtures containing oxygenreleasing inorganic salts
Blasting caps. and hydrocarbons.
Blasting gelatin. Explosive mixtures containing oxygenreleasing inorganic salts
Blasting powder. and nitro bodies.
BTNEC [bis (trinitroethyl) carbonate]. Explosive mixtures containing oxygenreleasing inorganic salts
BTNEN [bis (trinitroethyl) nitramine]. and water insoluble fuels.
BTTN [1,2,4 butanetriol trinitrate].

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Explosive mixtures containing oxygenreleasing inorganic salts MEAN [monoethanolamine nitrate].
and water soluble fuels. Mercuric fulminate.
Explosive mixtures containing sensitized nitromethane. Mercury oxalate.
Explosive mixtures containing tetranitromethane (nitroform). Mercury tartrate.
Explosive nitro compounds of aromatic hydrocarbons. Metriol trinitrate.
Explosive organic nitrate mixtures. Minol-2 [40% TNT, 40% ammonium nitrate, 20% aluminum].
Explosive powders. MMAN [monomethylamine nitrate]; methylamine nitrate.
Mononitrotoluene-nitroglycerin mixture.
F
Monopropellants.
Flash powder.
Fulminate of mercury. N
Fulminate of silver. NIBTN [nitroisobutametriol trinitrate].
Fulminating gold. Nitrate explosive mixtures.
Fulminating mercury. Nitrate sensitized with gelled nitroparaffin.
Fulminating platinum. Nitrated carbohydrate explosive.
Fulminating silver. Nitrated glucoside explosive.
Nitrated polyhydric alcohol explosives.
G
Nitric acid and a nitro aromatic compound explosive.
Gelatinized nitrocellulose.
Nitric acid and carboxylic fuel explosive.
Gem-dinitro aliphatic explosive mixtures.
Nitric acid explosive mixtures.
Guanyl nitrosamino guanyl tetrazene.
Nitro aromatic explosive mixtures.
Guanyl nitrosamino guanylidene hydrazine.
Nitro compounds of furane explosive mixtures.
Guncotton.
Nitrocellulose explosive.
H Nitroderivative of urea explosive mixture.
Heavy metal azides. Nitrogelatin explosive.
Hexanite. Nitrogen trichloride.
Hexanitrodiphenylamine. Nitrogen tri-iodide.
Hexanitrostilbene. Nitroglycerine [NG, RNG, nitro, glyceryl trinitrate,
Hexogen [RDX]. trinitroglycerine].
Hexogene or octogene and a nitrated Nmethylaniline. Nitroglycide.
Hexolites. Nitroglycol [ethylene glycol dinitrate, EGDN].
HMTD [hexamethylenetriperoxidediamine]. Nitroguanidine explosives.
HMX [cyclo-1,3,5,7-tetramethylene 2,4,6,8-tetranitramine; Nitronium perchlorate propellant mixtures.
Octogen]. Nitroparaffins Explosive Grade and ammonium nitrate mixtures.
Hydrazinium nitrate/hydrazine/aluminum explosive system. Nitrostarch.
Hydrazoic acid. Nitro-substituted carboxylic acids.
Nitrourea.
I
Igniter cord. O
Igniters. Octogen [HMX].
Initiating tube systems. Octol [75 percent HMX, 25 percent TNT].
Organic amine nitrates.
K
Organic nitramines.
KDNBF [potassium dinitrobenzo-furoxane].
P
L
PBX [plastic bonded explosives].
Lead azide.
Pellet powder.
Lead mannite.
Penthrinite composition.
Lead mononitroresorcinate.
Pentolite.
Lead picrate.
Perchlorate explosive mixtures.
Lead salts, explosive.
Peroxide based explosive mixtures.
Lead styphnate [styphnate of lead, lead trinitroresorcinate].
PETN [nitropentaerythrite, pentaerythrite tetranitrate,
Liquid nitrated polyol and trimethylolethane.
pentaerythritol tetranitrate].
Liquid oxygen explosives.
Picramic acid and its salts.
M Picramide.
Magnesium ophorite explosives. Picrate explosives.
Mannitol hexanitrate. Picrate of potassium explosive mixtures.
MDNP [methyl 4,4-dinitropentanoate]. Picratol.

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Picric acid (manufactured as an explosive). Torpex.
Picryl chloride. Tridite.
Picryl fluoride. Trimethylol ethyl methane trinitrate composition.
PLX [95% nitromethane, 5% ethylenediamine]. Trimethylolthane trinitrate-nitrocellulose.
Polynitro aliphatic compounds. Trimonite.
Polyolpolynitrate-nitrocellulose explosive gels. Trinitroanisole.
Potassium chlorate and lead sulfocyanate explosive. Trinitrobenzene.
Potassium nitrate explosive mixtures. Trinitrobenzoic acid.
Potassium nitroaminotetrazole. Trinitrocresol.
Pyrotechnic compositions. Trinitro-meta-cresol.
PYX [2,6-bis(picrylamino)] 3,5-dinitropyridine. Trinitronaphthalene.
Trinitrophenetol.
R
Trinitrophloroglucinol.
RDX [cyclonite, hexogen, T4, cyclo-1,3,5,-trimethylene-2,4,6,-
Trinitroresorcinol.
trinitramine; hexahydro-1,3,5-trinitro-S-triazine].
Tritonal.
S
U
Safety fuse.
Urea nitrate.
Salts of organic amino sulfonic acid explosive mixture.
Salutes (bulk). W
Silver acetylide. Water-bearing explosives having salts of oxidizing acids and
Silver azide. nitrogen bases, sulfates, or sulfamates (cap sensitive).
Silver fulminate. Water-in-oil emulsion explosive compositions.
Silver oxalate explosive mixtures.
X
Silver styphnate.
Xanthamonas hydrophilic colloid explosive mixture.
Silver tartrate explosive mixtures.
Silver tetrazene. Approved: October 6, 2011.
Slurried explosive mixtures of water, inorganic oxidizing salt, B. Todd Jones, Acting Director.
gelling agent, fuel, and sensitizer (cap sensitive).
Smokeless powder. [FR Doc. 2011–26963 Filed 10–18–11; 8:45 am]
Sodatol.
Sodium amatol.
Sodium azide explosive mixture.
Sodium dinitro-ortho-cresolate.
Sodium nitrate explosive mixtures.
Sodium nitrate-potassium nitrate explosive mixture.
Sodium picramate.
Special fireworks.
Squibs.
Styphnic acid explosives.
T
Tacot [tetranitro-2,3,5,6-dibenzo-1,3a,4,6a tetrazapentalene].
TATB [triaminotrinitrobenzene].
TATP [triacetonetriperoxide].
TEGDN [triethylene glycol dinitrate].
Tetranitrocarbazole.
Tetrazene [tetracene, tetrazine, 1(5-tetrazolyl)-4-guanyl tetrazene
hydrate].
Tetrazole explosives.
Tetryl [2,4,6 tetranitro-N-methylaniline].
Tetrytol.
Thickened inorganic oxidizer salt slurried explosive mixture.
TMETN [trimethylolethane trinitrate].
TNEF [trinitroethyl formal].
TNEOC [trinitroethylorthocarbonate].
TNEOF [trinitroethylorthoformate].
TNT [trinitrotoluene, trotyl, trilite, triton].

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U. S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
P. O. Box 5950
Springfield, VA 22150-5950
Official Business
Penalty for Private Use, $300

ATF Publication 5400.7

Revised June 2012