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Part 1301 Control of explosives and their ingredients in time of war or national

emergency. 1302 General license pertaining to explosives.

Note: Other regulations issued by the Department of the Interior appear in Title 25, Chapters I and II; Title 30; Title 32A, Chapter X; Title 36, Chapter I; Title 41, Chapter 14; Title 43; and Title 50, Chapters I and II.

PART 1301-CONTROL OF EXPLO

SIVES AND THEIR INGREDIENTS IN
TIME OF WAR OR NATIONAL
EMERGENCY

Sec. 1801.1 Effect and operation of regulations. 1801.2 Definitions, 1801.3 Application of act and regulations;

exceptions. 1301.4 Licenses, kind, scope and restric

tions. 1801.5 Licenses, term and transferability. 1901.6 Qualifications of applicants for 11

cense. 1301.7 Applications for licenses; forms. 1301.8

Filing of applications. 1301.9 Issuance of licenses. 1301.10 copies of licenses. 1301.11 Licensing agents; instructions. 1301.12 Appeals; procedure. 1801.13 Information available to oficials and

the public. 1301.14 Licensees; duties and obligations. 1301.15 Sales of explosives and ingredients. 1301.16 Transportation of explosives. 1301.18 Special Instructions for vendors. 1301.19 Special instructions for manufac

turers. 1301.20 Special instructions for industries

using explosives. 1301.21 Instructions for explosives investi

gators. 1801.22 Revocation of licenses. 1301.23 Reissuance of expired licenses.

Sec. 1301.24 General requirements for storage

and handling. 1301.25 Storage of high explosives. 1301.26 Storage of low explosives. 1301.27 Storage of detonators. 1301.28 Storage of fuse. 1301.29 Storage of explosives ingredients. 1301.30 Modification of storage and ban

dling requirements. AUTHORITY: The provisions of this part 1301 issued under sec. 18, 40 Stat. 388, as amended; 50 U.S.C. 140. $ 1301.1 Effect and operation of regu

lations. The regulations in this part have the force and effect of law. Any person violating them is guilty of a misdemeanor which is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year or by both such fine and imprisonment. They are in operation during the existence of a state of war declared by Congress or proclaimed by the President or of a national emergency proclaimed by the President as requiring the application of the provisions of the Federal Explosives Act and remain in operation until the termination of the war or revocation of any such proclamation. [7 F. R. 305, Jan. 16, 1942. Redesignated at 14 F. R. 5021, Aug. 13, 1949)

1 The regulations in this chapter, under the specific terms of the act (40 Stat. 385; 60 U. 8. C. Chapter 8) are applicable "when the United States 18 at war."

§ 1301.2 Definitions.

(a) The terms “act" or "Federal Explosives Act” mean that certain act of October 6, 1917 (40 Stat. 385), as amended by the act of December 26, 1941 (55 Stat. 863; 50 U.S.C. 121-142).

(b) The terms “explosive" and "explosives” mean any of the following chemical compounds or mechanical mixtures: Amatol (mixture of ammonium nitrate and

trinitrotoluene). Ammonal (mixture of ammonium nitrate,

trinitrotoluene, and powdered aluminum,

with or without other Ingredients). Azides. Black powder-all forms (except in com

pletely assembled cartridges for small arms

or shotguns). Caps, blasting (fuse and electric types), de

tonating-all classes except percussion

caps and small arms primers. Detonators. Dynamites. Fulminates. Fuse of all varieties, used in connection with

setting off explosives. Guncotton (see "nitrocellulose"). Gunpowder and gunpowder mixtures (except

in completely assembled cartridges for

small arms or shotguns). Hexanitrodiphenylamine (d 1picrylamine,

hexamine). Nitrocellulose exceeding 12.2 percent nitrogen. Nitroglucose. Nitroglycerin (except in pharmacopoeia solu

tion, or in form of pills, or granules, containing not more than one-fiftieth of a

grain each, for pharmaceutical purposes). Nitroglycol (dinitroglycol, ethyleneglycol

dinitrate). Nitromannite (mannitolhexanitrate, except

in form of pills or granules containing not over three-fourths of a grain each of ni

tromannite, for pharmaceutical purposes). Nitrostarch. Nitrosugar. Permissible explosives. Pentaerythritetetranitrate (penthrite or

pentrite, PETN). Picrates. Picric acid (except in solutions not exceeding

1.25 percent at normal or room temperature, for medicinal use, in quantities not

exceeding 8 fluid ounces of such solution). Potassium nitrate powders (black saltpeter

powder and niter). Schneiderite (mixture of ammonium nitrate

and dinitronapththalene, with or without

other ingredients). Smokeless powder (except in completely as

sembled cartridges for small arms or shot

guns). Sodium nitrate powders (black soda powder). Squibs. Styphanates. Tetryl (trinitrophenylmethylnitramine, te

tranitromethylaniline, tetralite, pyronite).

Tetranitroaniline (TNA). Tetranitronaphthalene. Trimethylenetrinitramine (hexogen, T. cy

clonite). Trinitroanisol (methyl picrate, trinitrophenylmethyl ether).

. Trinitrotoluene triton, INT). Trinitroxylene (TNX).

(c) The terms “ingredient” and “ingredients” mean any of the following chemicals (except in tablet, capsule or liquid form for medicinal purposes): Chlorates:

Ammonium.
Barium.
Potassium.

Sodium.
Liquid air.
Liquid oxygen.
Nitrates:

Ammonium.
Potassium.

Sodium.
Perchlorates:

Perchloric acid and salts. Phosphorus.

(d) The term “person” shall include executive departments, independent establishments, and other agencies of the United States, the District of Columbia, Territories, and insular possessions of the United States, States, and municipalities and other political subdivisions thereof; and individuals, partnerships, associations, societies, and corporations.

(e) The term "Director" means the Director of the Bureau of Mines.

(f) The term “Licensing Agent” means a person authorized to administer oaths who has been designated by the Director and authorized to issue certain licenses in accordance with the act and regulations.

(g) The term "Explosives Investigator" means an employee of the Bureau of Mines authorized by the Director to investigate compliance with the act and the causes of explosions and fires in all places in which explosives are manufactured, transported, stored or used or in which there is reason to believe explosives were involved.

(h) The term “regional officer" means any supervising engineer or any engineer in charge at any district or subdistrict office, respectively, of the Health and Safety Division of the Bureau of Mines.

(i) The term "foreman" means any employee whose duties include the sale or issuance of explosives or ingredients for and on behalf of his employer to other

employees, agents, or independent con- tity of explosives manufactured under tractors of his employer.

the authority of, or sold to, the military [7 F.R. 305, Jan. 18, 1942 as amended at 9

or naval services or the Federal Bureau F.R. 4130, Apr. 19, 1944; 9 F.R. 4384, Apr. 25,

of Investigation but shall comply with all 1944; 9 F.R. 13835, Nov. 21, 1944. Redesig

other requirements of the act and regulanated at 14 F.R. 5021, Aug. 13, 1949)

tions and shall be subject to the criminal

penalties of the act for violations of the § 1301.3 Application of act and regula

act or regulations. tions; exceptions.

(3) Employees dealing with foreman. The act and regulations require the Employees may purchase or accept exlicensing of all persons and establish- plosives or ingredients for use in the opments for operations relating to explo- erations of their employer from another sives or ingredients, with the following employee of their employer licensed as a exceptions:

foreman, without themselves obtaining (a) Persons and operations excepted- licenses. (1) Military and naval services and the (4) Exportation and importation. No Federal Bureau of Investigation. No license under the Federal Explosives Act license is required for the manufacture, is required for the exportation or imdistribution, storage, sale, purchase, pos- portation of explosives or ingredients, session, handling or use of explosives license for which is required under the or ingredients by the military or naval provisions of the following statutes, or services of the United States or the Fed- under any proclamation or regulation eral Bureau of Investigation.

issued pursuant thereto: Act of January (2) Operations for military and related 31, 1922 (42 Stat. 361), prohibiting unpurposes. No license is required for restricted export of arms to certain arsenals, navy yards, depots, or other countries where domestic violence OCestablishments owned by the United

curs; the Neutrality Act of November 4, States and operated by or on behalf of 1939 (54 Stat. 4); and the National Dethe National Military Establishment. fense Act of July 2, 1940 (54 Stat. 712). This exception includes all operations However, persons who export or import within such establishments and all pur- explosives or ingredients under the above chases and shipments which are covered statutes must keep a record of such by Government bills of lading addressed transactions, which shall include the to or shipped by oficers of the military or quantity and description of the explonaval services at such establishments. sives and ingredients, the dates of shipA license is required for private operators ment and delivery, the name of the vessel of such establishments who purchase ex- used, the name and address of the conplosives or ingredients for shipment or signee, consignor, vendor, purchaser, who ship on other than Government bills carrier, and other interested parties. of lading. A license is also required for This record shall be retained by the expersons who manufacture explosives porter or importer until called for by the under the authority of the United States Director, or until one year after the terfor, or sell explosives to, the military or mination of the present war, and shall naval services of the United States or the be open for inspection at all times by Federal Bureau of Investigation. How- the Director or his authorized representever, no license applied for by such atives. No license under the Federal private operator or other person shall be Explosives Act is required for the expordenied or revoked in so far as the license tation of explosives or ingredients which is needed for the operations of arsenals, constitute defense articles within the navy yards, depots or other establish- meaning of section 2 of the Lend-Lease ments owned by the United States and Act of March 11, 1941 (55 Stat. 31), and operated by or on behalf of the National which under the authority of section Military Establishment, or in so far as a 3 (a) (2) of that act have been disposed license covers the manufacture under the of to the government of any country authority of the United States of ex- whose defense the President deems vital plosives for, or their sale to, the military to the defense of the United States. or naval services or the Federal Bureau (b) Explosives and ingredients exof Investigation. Applicants for licenses cepted—(1) Ingredients in small quanand licensees shall not be required to tities. Ingredients in small quantities disclose information relating to the and not used or intended to be used in operations of the above-described estab- the manufacture of explosives. The lishments or to the character and quan- meaning of the term "small quantities"

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and upon the operating premises by his employees, to the extent necessary to carry on the operations covered by the license. A licensed employer will remain responsible and liable for the acts of his employees, whether or not such employees are licensed. The scope of each license is briefly as follows:

(1) Manufacturer's license. This license authorizes the manufacture, possession, and sale of explosives and ingredients. It covers the purchase of explosives and ingredients for manufacture into explosives, and the sale of manufactured products in the usual course of trade to jobbers, dealers, or users. It does not cover the purchase and sale of explosives or ingredients purchased for resale. A person having a manufacturer's license is not required to have

analyst's-educator's-inventor's-in. vestigator's license in addition although he operates a laboratory.

(2) Vendor's license. This license authorizes the purchase, possession, and sale of explosives and ingredients. It is required of jobbers, wholesalers, dealers, and retailers, whether or not they physically handle, store, or have possession of the explosives or ingredients dealt in. A vendor's license covers sales clerks whose duties are performed upon premises where the explosives and ingredients of the vendor are in the custody of a person licensed under the act.

(3) Purchaser's license. This license authorizes the purchase, possession, and use of explosives and ingredients. It permits no disposition of the explosives or ingredients purchased except the use thereof by the licensee.

(4) Foreman's license. This license authorizes the purchase and possession of explosives and ingredients and the sale and issuance thereof to other employees of the licensee's employer, for distribution, storage, sale, issuance, testing, use, or other disposition of explosives or ingredients in the operations of the employer. An employee may not be licensed as a foreman unless his employer is licensed under the act. (See definition of "foreman,” § 1301.2 (i).)

(5) Analysťs-educator's-inventor's-investigator's license. This license authorizes the purchase, manufacture, possession, analysis, testing, and disposal of explosives and ingredients. It is required of schools, hospitals, laboratories, and other institutions and persons who use explosives or ingredients in a labora

(c) Compliance with other laws. Nothing in these regulations will permit the manufacture, sale, possession, or use of any explosives or ingredients prohibited by local or State laws or by any other Federal law, regulation, or order. (8 F. R. 8080, Mar. 13, 1943, as amended at 8 F. R. 4141, Apr. 1, 1943; 10 F. R. 5855, May 23, 1945. Redesignated at 14 F. R. 5021, Aug. 13, 1949) $ 1301.4 Licenses, kind, scope and re

strictions. (a) Kind of licenses. Five different kinds of licenses are issued under the Federal Explosives Act, as follows: Manufacturer's license, vendor's license, purchaser's license, foreman's license, analyst's-educator's-inventor's -investigator's license.

(b) Scope of licenses. Generally one license will fit all of the needs of any particular applicant, although this will not always be the case. If the applicant conducts enterprises or operations distinct from one another, which would require separate licenses if conducted by different persons, separate licenses will be required. All licenses authorize the handling, storing and transporting of explosives and ingredients by the licensee,

tory, but a person having a manufacturer's license issued under the act will not be required to have an analyst's-educator's-inventor's-investigator's license in addition.

(c) Licenses restricted to specified explosives or ingredients. The kinds of explosives or ingredients which a license will authorize to be purchased, sold, manufactured, tested, or otherwise handled may be restricted by the licensing agent or the Director in accordance with the needs and experience of the applicant, and such restrictions, if any, shall be written on the face of the license, preferably in the space provided at the end of the paragraph designated “Limitations." A licensee who is not satisfied with restrictions placed upon a license issued to him may appeal in the same manner as if the license applied for were refused. If after obtaining a restricted license a licensee wishes to purchase, sell, manufacture, test, or otherwise handle explosives or ingredients different in kind from those authorized by the license already issued, he may apply for another license to satisfy his needs. 18 F. R. 1943, Feb. 2, 1943. Redesignated at 14 F. R. 5021, Aug. 13, 1949) § 1301.5 Licenses, term and transfera

bility, (a) Term of licenses. Licenses are valid for a term of one year from the date of issuance. They may be reissued as provided in § 1301.23. They are subject to revocation by the Director and expire upon the termination of the war or of a national emergency proclaimed by the President.

(b) Transferability of licenses. Licenses cannot be assigned or in any way transferred, nor can any person operate under, or have the benefit of, another person's license.

(c) Death, discharge, dissolution, etc., of licensee. In the event of the death of any licensee, the license becomes immediately void, and the personal representative or heirs of the decedent (except in the case of a deceased foreman) must apply for a license to cover remaining explosives or ingredients or incompleted operations requiring a license. If the decedent is a licensed foreman, or if a licensed foreman resigns or is discharged, his license becomes immediately void and shall be delivered to his employer who must deface it by writing across the face thereof the word "Void", together with a notation of the

date and reason for the voidance, and thereafter keep it among his records; and the employer must at once take possession and charge of any explosives or ingredients for which the foreman was accountable. In the event of the dissolution or transfer of the business of any licensee, the successor in interest of the licensee shall immediately apply for a license to cover any explosives, ingredients, or operations relating to same.

(d) Bankruptcy and involuntary transfers. In the event of the bankruptcy of a licensee, the trustee of his bankrupt estate shall immediately apply for a license to cover any remaining explosives, ingredients, or operations relating thereto. The license does not pass with any forced sale or other forced transfer of explosives, ingredients, or operations covered by it, and the transferee must immediately apply for a license to cover same. 17 F. R. 305, Jan. 16, 1942, as amended at 7 F. R. 4758, June 26, 1942; 8 F. R. 4141, Apr. 1, 1943. Redesignated at 14 F. R. 5021, Aug. 13, 1949) § 1301.6 Qualifications of applicants for

license. (a) Age. All persons executing applications and all individual licensees must be at least 21 years old, except that individual applicants for a purchaser's license who are engaged in work or labor requiring the use of explosives or ingredients may be less than 21 years old. (See § 1301.7 (g) for special requirements for applications of minors.)

(b) Reliability and experience. All applicants must be sufficiently reliable and experienced to have the license applied for. Applicants who failed to comply with Federal, State and local laws, regulations and instructions relating to the handling and storage of explosives and ingredients thereof shall not be considered qualified to have a license, unless an endorsement of their qualifications is given by an authorized representative of the Bureau of Mines.

(c) Citizenship. Loyalty and friendliness to the United States are essential qualifications of applicants for licenses. It is not required that individual applicants or oficers, directors, members, or stockholders of applicant organizations be citizens of the United States or citi. zens of neutral or allied countries; but applications involving enemy aliens must be supported and passed upon in the manner provided in $$ 1301.7 (i) and 1301.9 (a). No license may be granted to

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