(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.

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 (dipicrylamine, hexamine).

Nitrocellulose exceeding 12.2 percent nitrogen. Nitroglucose.

Nitroglycerin (except in pharmacopoeia solution, 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 nitromannite, for pharmaceutical purposes). Nitrostarch.

Nitrosugar.

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 contractors of his employer.

[7 F.R. 305, Jan. 16, 1942 as amended at 9 F.R. 4130, Apr. 19, 1944; 9 F.R. 4384, Apr. 25, 1944; 9 F.R. 13835, Nov. 21, 1944. Redesignated at 14 F.R. 5021, Aug. 13, 1949]

§ 1301.3

Application of act and regulations; exceptions.

The act and regulations require the licensing of all persons and establishments for operations relating to explosives or ingredients, with the following exceptions:

(a) Persons and operations excepted— (1) Military and naval services and the Federal Bureau of Investigation. No license is required for the manufacture, distribution, storage, sale, purchase, possession, handling or use of explosives or ingredients by the military or naval services of the United States or the Federal Bureau of Investigation.

(2) Operations for military and related purposes. No license is required for arsenals, navy yards, depots, or other establishments owned by the United States and operated by or on behalf of the National Military Establishment. This exception includes all operations within such establishments and all purchases and shipments which are covered by Government bills of lading addressed to or shipped by officers of the military or naval services at such establishments. A license is required for private operators of such establishments who purchase explosives or ingredients for shipment or who ship on other than Government bills of lading. A license is also required for persons who manufacture explosives under the authority of the United States for, or sell explosives to, the military or naval services of the United States or the Federal Bureau of Investigation. ever, no license applied for by such private operator or other person shall be denied or revoked in so far as the license is needed for the operations of arsenals, navy yards, depots or other establishments owned by the United States and operated by or on behalf of the National Military Establishment, or in so far as a license covers the manufacture under the authority of the United States of explosives for, or their sale to, the military or naval services or the Federal Bureau of Investigation. Applicants for licenses and licensees shall not be required to disclose information relating to the operations of the above-described establishments or to the character and quan

How

tity of explosives manufactured under the authority of, or sold to, the military or naval services or the Federal Bureau of Investigation but shall comply with all other requirements of the act and regulations and shall be subject to the criminal penalties of the act for violations of the act or regulations.

(3) Employees dealing with foreman. Employees may purchase or accept explosives or ingredients for use in the operations of their employer from another employee of their employer licensed as a foreman, without themselves obtaining licenses.

(4) Exportation and importation. No license under the Federal Explosives Act is required for the exportation or importation of explosives or ingredients, license for which is required under the provisions of the following statutes, or under any proclamation or regulation issued pursuant thereto: Act of January 31, 1922 (42 Stat. 361), prohibiting unrestricted export of arms to certain countries where domestic violence occurs; the Neutrality Act of November 4, 1939 (54 Stat. 4); and the National Defense Act of July 2, 1940 (54 Stat. 712). However, persons who export or import explosives or ingredients under the above statutes must keep a record of such transactions, which shall include the quantity and description of the explosives and ingredients, the dates of shipment and delivery, the name of the vessel used, the name and address of the consignee, consignor, vendor, purchaser, carrier, and other interested parties. This record shall be retained by the exporter or importer until called for by the Director, or until one year after the termination of the present war, and shall be open for inspection at all times by the Director or his authorized representatives. No license under the Federal Explosives Act is required for the exportation of explosives or ingredients which constitute defense articles within the meaning of section 2 of the Lend-Lease Act of March 11, 1941 (55 Stat. 31), and which under the authority of section 3 (a) (2) of that act have been disposed of to the government of any country whose defense the President deems vital to the defense of the United States.

(b) Explosives and ingredients excepted (1) Ingredients in small quantities. Ingredients in small quantities and not used or intended to be used in the manufacture of explosives. The meaning of the term "small quantities"

(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 -investi

gator'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,

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:

It

(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. 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-investigator's license in addition although he operates a laboratory.

an

(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) Analyst's-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

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.

[8 F. R. 1343, 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.

[7 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 have 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 officers, directors, members, or stockholders of applicant organizations be citizens of the United States or citizens 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