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plosives 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:
(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-investigator'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) 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
(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. 3080, Mar. 13, 1943, as amended at 8 F. R. 4141, Apr. 1, 1943; 10 F. R. 6855, 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 ex
use explosives or ingredients in a labora- "Void”, together with a notation of the tory, but a person having a manufactur- date and reason for the voidance, and er's license issued under the act will not thereafter keep it among his records; and be required to have an analyst's-educa- the employer must at once take possestor's-inventor's-investigator's license in sion and charge of any explosives or inaddition.
gredients for which the foreman was ac(c) Licenses restricted to specified el- countable. In the event of the dissoplosives or ingredients. The kinds of lution or transfer of the business of any explosives or ingredients which a license licensee, the successor in interest of the will authorize to be purchased, sold, man- licensee shall immediately apply for a ufactured, tested, or otherwise handled license to cover any explosives, ingremay be restricted by the licensing agent dients, or operations relating to same. or the Director in accordance with the (d) Bankruptcy and involuntary transneeds and experience of the applicant,
fers. In the event of the bankruptcy of a and such restrictions, if any, shall be
licensee, the trustee of his bankrupt estate written on the face of the license, pref
shall immediately apply for a license to erably in the space provided at the end
cover any remaining explosives, ingrediof the paragraph designated “Limita
ents, or operations relating thereto. The tions." A licensee who is not satisfied
license does not pass with any forced sale with restrictions placed upon a license
or other forced transfer of explosives, inissued to him may appeal in the same
gredients, or operations covered by it, and manner as if the license applied for were
the transferee must immediately apply refused. If after obtaining a restricted
for a license to cover same. license a licensee wishes to purchase, sell,
17 F. R. 305, Jan. 16, 1942, as amended at
7 F. R. 4758, June 26, 1942; 8 F. R. 4141, Apr. manufacture, test, or otherwise handle
1, 1943. Redesignated at 14 F. R. 5021, Aug. explosives or ingredients different in kind
13, 1949] from those authorized by the license already issued, he may apply for another
§ 1301.6 Qualifications of applicants for license to satisfy his needs.
license. (8 F. R. 1349, Feb. 2, 1943. Redesignated at
(a) Age. All persons executing ap14 F. R. 5021, Aug. 13, 1949]
plications and all individual licensees
must be at least 21 years old, except $ 1301.5 Licenses, term and transfera- that individual applicants for a purbility.
chaser's license who are engaged in (a) Term of licenses. Licenses are work or labor requiring the use of exvalid for a term of one year from the plosives or ingredients may be less than date of issuance. They may be reissued 21 years old. (See § 1301.7 (g) for speas provided in § 1301.23. They are sub- cial requirements for applications of ject to revocation by the Director and minors.) expire upon the termination of the war (b) Reliability and experience. All or of a national emergency proclaimed applicants must be sufficiently reliable by the President.
and experienced to have the license ap(b) Transferability of licenses. Li- plied for Applicants who have failed censes cannot be assigned or in any way to comply with Federal, State and local transferred, nor can any person operate laws, regulations and instructions relatunder, or have the benefit of, another ing to the handling and storage of experson's license.
plosives and ingredients thereof shall not (c) Death, discharge, dissolution, etc., be considered qualified to have a license, of licensee. In the event of the death of unless an endorsement of their qualificaany licensee, the license becomes imme- tions is given by an authorized reprediately void, and the personal represent- sentative of the Bureau of Mines. ative or heirs of the decedent (except in (c) Citizenship. Loyalty and friendlithe case of a deceased foreman) must ness to the United States are essential apply for a license to cover remaining qualifications of applicants for licenses. explosives or ingredients or incompleted It is not required that individual applioperations requiring a license. If the cants or officers, directors, members, or decedent is a licensed foreman, or if stockholders of applicant organizations a licensed foreman resigns or is dis- be citizens of the United States or citicharged, his license becomes immediate- zens of neutral or allied countries; but ly void and shall be delivered to his applications involving enemy aliens employer who must deface it by writ- must be supported and passed upon in ing across the face thereof the word the manner provided in $$ 1301.7 (i) and
1301.9 (a). No license may be granted to any person, citizen or alien, who may be prohibited from possessing, using or controlling explosives or component parts thereof by regulation or proclamation of any Federal agency. 17 F. R. 4758, June 26, 1942, as amended at 7 F. R. 8175, Oct. 13, 1942. Redesignated at 14 F. R. 5021, Aug. 13, 1949) § 1301.7 Applications for licenses;
forms. (a) Forms for applications. Applications for licenses must be made on Bureau of Mines forms which may be secured from licensing agents or from the Bureau of Mines. The form applicable to the particular license desired must be used. There are two forms of applications, as follows:
(1) Application for Vendor's, Purchaser's, or Foreman's License.
(2) Application for Manufacturer's or Analyst's, Educator's, Inventor's and Investigator's License.
(b) Filling out application forms. All blanks in the application forms should be filled in or a line drawn through them. Incomplete applications will not be accepted. If additional space is needed, additional sheets shall be used and securely attached.
(c) Execution and oath. Applications by individuals must be executed by and the oath thereon made by the individual. An application for a foreman's license must be endorsed by the applicant's employer, but the applicant's employer need not join in the oath. The application of a firm, association, society, or corporation should ordinarily be executed and the oath thereon made by its regularly appointed and authorized officer or offi. cers, and if made by any other person, the authority of that person to represent and act for the organization must be shown by a certificate executed by its proper officer or officers.
(d) Applicants who claim to be citizens of the United States through naturalization and who prior to their naturalization were citizens of countries with whom the United States is at war must give satisfactory evidence of their United States citizenship. This evidence should be the production of the applicant's certificate of naturalization, or the certifi. cates of his parents; but if this cannot be done, the applicant must produce satisfactory secondary evidence of citizenship, showing the essential facts. In all cases, the citizenship of the persons executing applications must be shown.
(e) Applications of partnerships. Applications of partnerships must disclose the name, address, and citizenship of every partner, whether his interest is limited or otherwise.
(f) Applications of associations, corporations, etc. Applications of corporations, associations, or other legal entities which operate through a board of directors, trustees, or similar officers, shall show the following:
(1) The name, address, and nationality of all officers, directors, trustees, or persons exercising similar functions.
(2) The name, address, nationality, and the extent of interest in the voting stock or other beneficial voting holdings of the stockholders or members, beginning with the holder of the largest voting interest, and continuing in the order of the amount of the respective diminishing voting holdings, until not less than 51 percent of all voting stock or other beneficial voting holding is shown: Provided, That not more than ten need be listed. If those listed do not hold 51 percent or more of the stock or other beneficial voting holdings, then the application must be supported by the affidavit of the applicant, which may be stated on belief and the best information available, stating the nationality of the majority of the stockholders or members. The nationality of any corporation or organization listed in the application as a stockholder or member shall be given as the place of incorporation or organization.
(3) In any case where a corporation owns more than 50 percent of the stock of the applicant, the applicant must also list the name, address, and nationality of the officers and directors of that corporation.
(4) In the case of organizations such as cooperatives, the individual voting interests in which are equal in amount, no list of stockholders or members need be included in the application, but the application shall contain a statement of the nationality of the majority of the stockholders or members. If the nationality is not definitely known by reason of the number of stockholders or members, the statement may be based upon information and belief.
(g) Qualification affidavits required. Every individual applicant, and every partner where a partnership is an applicant, must file at least two qualification affidavits with the application. The affidavits must be executed by responsi
ble citizens, preferabıy Federal, State or by a United States Attorney. An original local oficials. In those instances where copy of such permission must be subthe licensing agent has known the ap- mitted by every applicant organization plicant intimately for a number of years for each officer or director or partner and vouches for his qualifications by listed in its application who may be an signing a statement setting forth the in- enemy alien subject to such prohibition, formation called for by the affidavit and for each officer or employee shown form, the requirement for qualification in a supplementary questionnaire as reafidavits may be waived by the licens- sponsible for the handling of explosives ing agents. Statements by licensing who may be such an enemy alien. agents may be made on the qualification 17 F. R. 305, Jan. 16, 1942, as amended at affidavit form but need not be sworn to 7 F. R. 1976, Mar. 13, 1942; 7 F. R. 4759, by them. The affiants must not be con
June 26, 1942; 7 F. R. 8175, Oct. 13, 1942; nected with the applicant by blood, mar
8 F. R. 1343, Feb. 2, 1943. Redesignated at
14 F.R. 5021, Aug. 13, 1949) riage or business relationship, except that one of the affiants supporting the $ 1301.8 Filing of applications. application for a foreman's license may (a) Purchaser's, vendor's or forebe the applicant's employer or an officer man's applications. (1) Application or agent of his employer. The affidavits
for a purchaser's, vendor's or foreman's shall state the length of time the afi
license shall be filed with a licensing ants have known the applicant, in what
agent in the city, town or village in connection they have known him, and
which the applicant resides or conducts the affiant's knowledge and judgment
his business. If there is no licensing as to the reliability and experience of agent therein, or if the applicant the applicant in regard to explosives or
does not reside or conduct his busiexplosives ingredients, as to his loyalty
ness in a city, town or village, the and friendliness to the United States,
applicant shall apply to the licensing and as to his need for the license applied
agent in the county of his place of resifor. For this purpose the affiants may
dence or business or in any county aduse the Bureau of Mines form entitled
joining thereto. The requirement for filAffidavit in Support of Application for a
ing an application with a licensing agent Federal Explosives License.
in a particular locality may in the dis(h) Supplementary questionnaire. A cretion of a licensing agent be waived by supplementary questionnaire executed
him where good cause is shown by the under oath on a Bureau of Mines form
applicant for such waiver. In such case, may be required by a licensing agent of
the licensing agent shall forthwith report any applicant concerning whose qualifi- the circumstances to the Director. cations he desires further information.
(2) Applications for a purchaser's, venIt may likewise be required by the Direc- dor's, or foreman's license shall not be tor of the Bureau of Mines at any time of filed with the Director, except for a speany licensee or applicant. It is required
cial reason stated with the application. to be filled out by individual applicants Any pplication filed with the Director who are enemy aliens, by applicant or
unaccompanied by such a statement or ganizations of which one or more direc
accompanied by a statement deemed intors or officers or one or more stockhold- sufficient will be returned to the appliers or members listed in the application cant for filing with a local licensing are enemy aliens, and by all applicants
agent. who have at any time failed to comply
(b) Manufacturer's, analyst's, etc., apwith Federal, State or local laws, regula
plications. Manufacturer's, analyst's, tions and instructions relating to the
etc., applications may be filed with any manufacture, handling and storage of
convenient licensing agent, who will explosives and ingredients thereof.
forward them to the Director, or they (i) Permission of United States Attor
may be sent directly to the Director. ney to enemy aliens. All enemy aliens
(c) Appearance by applicant. In all prohibited by proclamation of the Presi
cases where licenses are issued by licensdent or regulation of the Attorney Gen
ing agents, the applicant or representaeral from having the use, possession or
tive of the applicant (in the case of a custody of explosives or component parts
firm, corporation, or other organization) thereof, except upon the written permis- to whom the license is to be issued should sion of a United States Attorney, are re- appear personally before the licensing quired to submit with their applications agent, and the licensing agent may, in the original copy of the permission given his discretion, require him to do so. The
oath on an application and on any supplementary questionnaire required in connection with an application should be executed, wherever possible, before the licensing agent. 17 F. R. 305, Jan. 16, 1942, as amended at 7 F. R. 8176, Oct. 13, 1942; 8 F. R. 1343, Feb. 2, 1943. Redesignated at 14 F. R. 5021, Aug. 13, 1949) $ 1301.9 Issuance of licenses.
(a) Issuing officers and fees. (1) Licensing agents are authorized to issue only three kinds of licenses, to wit: Vendor's, purchaser's and foreman's. Only the Director may issue manufacturer's and analyst's-inventor's-educator's-investigator's licenses, but the Director may receive applications for and issue all forms of licenses. Licensing agents are not authorized to issue licenses to enemy aliens or to firms, corporations or or other organizations of which any of the officers or directors is an enemy alien or which is controlled by members or stockholders who are enemy aliens, but all applications of this type shall be forwarded to the Director with the necessary supplementary questionnaires, supporting affidavits and original copies of permission from a United States Attorney, and with the recommendations of the licensing agents as to appropriate action. The Director, upon the showing of special circumstances, may issue licenses in such cases.
(2) Licensing agents may charge a fee of 25 cents for each license issued by them, whether an original or a reissued license, or a duplicate, or a certified copy of a license, and for each application filed with them to be forwarded to the Director. The fee referred to in this subparagraph is separate and apart from and in addition to any fees which licensing agents may otherwise be authorized to charge for administering oaths. No fees are required to accompany applications filed with the Director, nor are any fees required for the issuance by the Director of an original or a reissued license or a duplicate, or a certified copy of a license.
(b) Time of issuance of licenses. In the case of licenses issued by licensing agents, if the applicant or the applicant's representative (in the case of firms, corporations, or other organizations) appears in person when the application is filed, and the application is fully and correctly completed and executed, and the licensing agent is satisfied with the
qualifications of the applicant, and that all of the requirements of the act and of these regulations have been fully complied with, the license applied for will ordinarily be issued and delivered to the applicant forthwith. However, the licensing agent has full discretion to defer the issuance of a license on any application to make such investigation as he deems necessary or proper.
(c) Countersigning of licenses. All li. censes must be countersigned by the licensees in whose names they are issued, on the form for countersigning provided on the face of the license, and do not become effective for any purpose until so countersigned.
(d) Refusal to issue license. The Di. rector or a licensing agent may refuse a license when in his opinion, based on facts of which he has knowledge or reliable information, the applicant is not sufficiently reliable and experienced to be authorized to manufacture or handle explosives and ingredients; or is disloyal or hostile to the United States, or, if the applicant is a firm, association, society, corporation, or other organization, its officers, directors, or controlling shareholders or members are disloyal or hostile to the United States.
(e) Notice of refusal to issue license. A licensing agent or other oficer who refuses to issue a license upon an application filed with him must give to the applicant on the form provided for that purpose a notice of rejection, one copy of which he must retain and another copy of which he must mail forthwith to the Explosives Control Branch of the Bureau of Mines accompanied by a copy of the rejected application, the original of which he must retain. The notice to the applicant may be given to him personally, or sent to him by mail at the address given on the application. If the notice is given to the applicant personally, it is deemed to have been given at the time of delivery; if mailed to the applicant, it is deemed to have been given five days after mailing. 17 F. R. 305, Jan. 16, 1942, as amended at 7 F. R. 4759, June 26, 1942; 7 F. R. 8176, Oct. 13, 1942; 8 F. R. 1343, Feb. 2, 1943. Redesig. nated at 14 F. R. 5021, Aug. 13, 1949) § 1301.10 Copies of licenses.
(a) Certified copies of licenses. А licensee needing a certified copy of his license in the conduct of his business may make applications for it to any licensing agent or to the Director, but if