Subject Index to Commerce in Explosives (PART 55)

APPLICANT/APPLICATION:

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

BLACK POWDER:

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

BUSINESS DISCONTINUANCE: .61,.128

CERTIFIED:

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

DEFINITIONS; TERMS USED: .11

Disclosure of Information to State and Subdivisions by Request .25

DISTRIBUTIONS TO NONLICENSEES/ NONPERMITTEES:

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

ENTRY AND EXAMINATION:

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

EXCEPTIONS; EXEMPTIONS:

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

Importation to the U.S./State Governments .1 41 (a)(3)

Transportation of Explosive Materials Regulated by DOT .141(a)(1)
Use of Explosive Materials in Prescribed Medicines/Medicinal Agents .141(a)(2)

EXPORTATION: .129

FIREWORKS:

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

FORMS (Obsolete Numbers in Parentheses)

ATF F 5400.4 (471 0), Explosives Transaction Record .105,.126
ATF F 5400.5 (4712), Report of Theft or Loss of Explosive Materials, .30
ATF F 5400.6 (4709), User-Limited Permit .46(b)
ATF F 5400.8 (4721), Explosives Delivery Record .103(a)(4),.105(f)
ATF F 5400.9 (4718), Order After Denial or Revocation Hearing .76
ATF F 5400.10 (4717), Notice of Revocation of License or Permit .74
ATF F 5400.11 (4716), Notice of Denial of Application For License or

Permit .72,.74

ATF F 5400.12 (4715), Notice of Contemplated Denial or Revocation of

License or Permit .71

ATF F 5400.13/5400.16, (4705; 4707) Application For License or Permit

45(a),(b),.46(b)

ATF F 5400.14/5400.15, Part 1 (4706, Part 1; 4708, Part 1), License or Permit .46
ATF F 5400.14/5400.15, Part III (4706, Part 111; 4708, Part 111), Renewal of Explosives License or Permit .46(a)
ATF F 5400.21, Application/Permit User-Limited Special Fireworks .103(e)
Prescribed by Director, ATF .21
Requests For (How to Obtain) .21(c)

GENERAL PROVISIONS:

Alternate methods or procedures .22(a)
Approved Variations, Retention of .22(c)
Daily Summary of Magazine Transactions .30
Disclosures to State/Local Jurisdictions .25
Emergency variations from requirements .22(b)
Explosive Materials, List of (Annual Publication); Availability .23
Forms prescribed by Director, ATF .21 (a)
Inspection of Site Accidents/Fires-Right of Entry by ATF .31
Loss of Explosive Materials-Reporting .30,.127
Operations After Notice of Denial or Revocation .83
Out-of-State Disposition of Explosive Materials .27
Prohibited Shipment, Transportation, Receipt of Explosive Materials .26
Public Use Forms (Pub 1322.1) .21(b)
Record Retention Period is Five Years .121(a)
Reporting Theft or Loss of Explosive Materials to ATF; Toll-Free Number .30
Requests For Forms (How to Obtain) .21(c)
Right of Entry and Examination .24
Special Explosive Devices-Request For Exemption .32
Stolen Explosive Materials, Prohibited Transactions In .28
Unlawful Storage .29
Identification of Explosive Materials .109
Law: Relation Between State and Federal .62

LICENSE/PERMIT PROCEEDINGS:

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

LICENSES/PERMITS:

Additional License, When Not Required .41 (b)(1),(2)
Address, Change of .54
Administrator Carrying on Business .59(a)(1)
Alternate Methods or Procedures .22(a)
Amendment Due to Change in Class of Explosives; Magazines .55
Black Powder Exception .41(a)(2)
Business Continuance-Right of Succession .59
Cannot be Issued to Person Prohibited From Receiving, etc. .49(b)(2)
Certain Contiguous States-Exception .41 (a)(1)
Change in Trade Name .56
Change of Address .54
Change of Control .57
Continuing Business While License/Permit Being Amended, Etc. .60
Continuing Partnerships (Death of a Partner) .58
Correction of Error .50
Dealer's License Not Needed, When .41(b)(3)
Duration .51
Executor Carrying on Business .59(a)(1)
Issuance of .49
License Issued to Manufacturer-Limited Valid For Only 30 Days .46(b)
License-Requirements, Restrictions, Duration .41(b),.51,.52
Limitations .52
Manufacturer-Limited Licensee-Authorized Operations .102(a),.103(a)
Nonrenewable Licenses and Permits; Duration of .46(b),.51
Not Transferable .53
Original; Requirements .45
Permit Issued to User-Limited Valid For Single Purchase .46(b)
Permit-Requirements, Restrictions, Duration .41 (b),.51,.52
Permittee-Authorized Operations .102(a)
Posting of .101
Receiver/Trustee in Bankruptcy Situation .59(a)(2)
Recipient to Examine For Accuracy .50 Renewal; Requirements .46(a)
Required To Engage in Business or Activity .41
Sales Up to 45 Days After Expiration .1 03(a)(1)
Separate License Required For Each Business .41(b)
Spouse; Child; Other Legal Representatives Carrying on Business .59(a)(1)
Status Must be Verified Before Sale/Distribution .103(a)(2),(4)
User-Limited Permit-Valid For a Single Purchase; Nonrenewable .51,.103(e)
Loss or Theft of Explosive Materials Must be Reported to ATF .30,.127

MAGAZINES; STORAGE:

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

FIREWORKS:

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

STORAGE:

Magazine Housekeeping .215
Magazine Repair .216
Magazines; Lighting Within .217
Must be in Accordance With Regulations .201
Must be in Effect For Explosive Materials; Exceptions .205
Table of Distances For Explosive Materials .218
Table of Distances For Low Explosives .219
Table of Separation Distances: Ammonium Nitrate/Blasting Agents From

Explosives .220

Unlawful .29,.212
Within Types 1, 2, 3, and 4 Magazines .214

TYPE:

Type 1 Magazines-Construction, Permanent .207,.206,.213
Type 1 Magazines-Permanent, High Explosives .203(a),.207,.213
Type 2 Magazines-Construction of Detonator Boxes .206,.208(c),.213
Type 2 Magazines-Construction of Indoor; Quantity and Class Limitations

.208(b),.206,.213

Type 2 Magazines-Construction of Outdoor .208(a),.206,.213
Type 2 Magazines-Mobile and Portable, Indoor and Outdoor, High Explosives

203(b),.208,.213

Type 3 Magazines-Construction of Day Box or Other Portable Magazines

209,.206,.213

Type 3 Magazines-Portable, "Day Box," Temporary Storage, High Explosives

.203(c),.209,.213

Type 4 Magazines-Construction of Indoor .21 0(b),.211,.213
Type 4 Magazines-Construction of Outdoor .210(a),.206,.213
Type 4 Magazines-Low Explosives, Detonators That Will Not Mass Detonate

.203(d),.210,.213

Type 5 Magazines-Blasting Agents .203(e),.211,.213
Type 5 Magazines-Construction of Indoor .206,.21 1 (b),. 21 3
Type 5 Magazines-Construction of Outdoor .206,.21 1 (a),.213

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

RECORDS AND REPORTS:

DEALERS:

Acquisition or Disposition .124(d)
Alternate Records-Authority For Use .1 24(e)
Distribution to Licensees/Permittees or For Own Use .124(c)
Distribution to Nonlicensees/Nonpermittees .1 24(f),. 1 26
Inventories .124(a),.127 Purchase/Acquisition .124(b)

IMPORTERS:

Alternate Records-Authority For Use .1 22(d)
Distribution to Licensees/Permittees .122(c)
Distribution to nonlicensees/Nonpermittees .1 22(e)
Importation/Acquisition .122(b)
Inventories .122(a)

MANUFACTURERS:

Alternate Records-Authority For Use .1 23(e)
Distribution to Licensees/Permittees .123(c)
Distribution to Nonlicensees/Nonpermittees .1 23(f)
Inventories .123(a)
Manufacture For Own Use; Exception .1 23(d)
Manufacture/Acquisition .123(b)

MANUFACTURERS-LIMITED:

Disposition of Surplus Stocks to Licensees/Permittees .125(b)(1)
Disposition of Surplus Stocks to Nonlicensees/Nonpermittees .125(b)(2)
Inventories .125(a)

PERMITTEES:

Acquisition .125(c)
Alternate Records-Authority For Use .1 25(f)
Disposition of Surplus to
Licensee/Permittee .125(d)
Disposition of Surplus to Nonlicensees/Nonpermittees .125(e)
Inventories .125(a)
Relation of Part 55 to Other Provisions of Law .2

RELIEF FROM EXPLOSIVES DISABILITY:

Any Person May Make Application For .142(a)
Application For, Filed With ATF Director .1 42(b)
Application From Corporation/Officer Requires Additional Information .142(b)
Application Supported by Data Applicant Considers Appropriate .142(b)
Explosives Licensee/Permittee Under Disability .142
Incurred by Indictment, Information or Conviction .142
May be Granted by the Director; When .1 42(c)
When Granted, Relieved of Disabilities Relative to Explosives Business .142(d)
Return of Explosive Materials to Manufacturer .1 03(a)(3)
Scope of Regulations .1
Surplus Stocks, Distribution of .1 02(b),. 1 03(a),(b),. 1 05(d)
Transactions Among Licensees/Permittees .103

UNLAWFUL ACTS; PENALTIES:

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

VARIATIONS FROM PART 55:

Approvals-Retention of .22(c)
Alternate Methods .22(a)
Emergency .22(b)
Verification of Business Organizations; Individuals .103(b),(c)