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Recently Added/Updated Topics (click a topic to
read more):
Topics (click a topic to read more):
Top
ATF Advisory about
Explosives Thefts in Mexico (2/26/2009) ATF
has issued an advisory to the explosives industry regarding a
series of armed thefts of explosives from storage sites in Mexico
along the southwest U.S. border. The advisory is a
precaution and not due to any criminal intelligence and it
provides links to ATF information on enhancing explosives storage
site security. The advisory can be obtained by clicking the
either of the following hyperlinks:
ATF
website (http://www.atf.gov/explarson/022409openletter-advisory_to_fels.htm)
OCS website
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Acceptability of
Signatures on Copies of Licenses & Permits
Copies of Licenses & Permits and of Scanned, Faxed, or
E-mailed Copies of Licenses & Permits (updated
7/19/2009) Update
7/19/2009 -- The interim guidance describe below is now
formal. ATF has published this guidance on page 8 of it's
latest (June 2009) newsletter. See the
"Newsletter" link below to download a copy.
Original notice (2/3/2009) -- ATF
has issued interim guidance in response to an inquiry from OCS
regarding acceptability of signatures on copies of licenses and
permits. In this interim guidance, ATF also addresses the
issue regarding what types of copies of licenses & permits are
acceptable. ATF advises that formal guidance will be
announced soon. Copies of the OCS inquiry and the ATF interim
guidance can be obtained by clicking the following hyperlinks:
OCS
inquiry
ATF
interim guidance
Notification to Owen Oil
Tools
ATF
June 2009 Newsletter
Top
Ammonium Perchlorate
Composite Propellant
(7/19/2009)
A U.S. District Court has reversed ATF's
ruling that ammonium perchlorate composite propellant (APCP) is an
explosive. APCP is no longer regulated under ATF and is not
subject to that agency's licensing, recordkeeping, storage, and
other regulatory requirements. Although APCP is no longer
regulated under ATF's storage requirements, ATF encourages storage
of APCP in explosives magazines for security purposes. ATF
will allow APCP to be stored in magazines with igniters or other
regulated explosives products and will not consider the weight of
APCP materials in calculating separation distance requirements for
magazines.
ATF issued an open letter explaining this
change on July 17, 2009. A copy may be obtained at one of
the links provided below.
Open
Letter to Industry Regarding APCP
ATF Special
Notices & Open Letters
ATF
Important Rulings, Letters, and Notices
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Disaster
Preparation (9/8/2008) ATF
has issued an open letter to all explosives licensees and
permittees addressing the subject of preparing for natural
disasters. ATF is providing suggestions on pre-disaster
planning and also advising how to deal with lost, stolen, and/or
damaged explosives. You can obtain a copy of the letter at
any of the following locations:
OCS
website
ATF
website (http://www.atf.gov/explarson/082908openletter-fel-fep.htm)
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Payments to ATF (1/30/2008) ATF
is changing how it will process all payments made to the agency,
including license and permit fees. They will be switching to
electronic funds processing which means that when they process
your payment, it will be directly debited by them from your bank
account rather than following normal check processing
procedures. This procedure is scheduled to start within 30
days of January 25, 2008. For more information, please see
the "OPEN LETTER TO PERSONS SUBMITTING PAYMENTS TO ATF"
at one of the following links:
OCS
website
ATF
website (http://www.atf.gov/firearms/012508openletter-eft.pdf)
ATF Main page (http://www.atf.gov/index.htm)
-- click the link under the heading "Industry News"
(right-hand column about midway down the page)
Top
Bullet-resistance
Requirements for Indoor Magazines. (updated
8/27/2009)
(see note) Update
8/27/2009 -- ATF has published an article on this topic on
page 10 of the June 2009 ATF Explosives Industry Newsletter.
Click
here to download a copy.
Original notice (3/27/2007)
-- 27
CFR 555.208(b)(1) states that indoor magazines do not have to be
bullet-resistant if they are located in buildings that provide
protection from bullet penetration. However,
if buildings containing indoor magazines do not provide protection
from bullet penetration, then the magazine must be
bullet-resistant. For indoor magazines,
bullet-resistant means that the magazine is constructed of not
less than 1/4" steel and lined with at least 2" of
hardwood (27 CFR 555.208(a)(2)). ATF also provides
alternative construction specifications that meet it's
bullet-resistance requirements in ATF
Rul. 76-18.
ATF
I/O Investigators are now checking indoor magazines to
ensure compliance with these requirements and have found that typical
metal-siding buildings do not provide protection from bullet
penetration. Licensees and permittees are advised to
check their indoor magazines and the buildings that house them now
to determine if these requirements have been met. If the
requirements are not currently met, modifications should be made
to the magazine or the building now to ensure that compliance is
achieved as soon as possible. If
modifications to the magazine are required to make it comply with
these bullet-resistance requirements, licensees and permittees are
reminded that:
- Such a modification is a "change
in construction" and is subject to the notification
requirements of 27 CFR 555.63 and 555.201
- Explosives must be removed from the
magazine before making modifications to the interior of the
magazine (27 CFR 555.216)
- ATF states in ATF Rul. 76-18 that
"All steel and wood dimensions are actual
thicknesses"; therefore, actual dimensions, and not
lumber sizes, should be used to achieve the thicknesses
indicated.
Note: This
topic discusses ATF's bullet-resistance requirements for indoor
magazines. The provisions of 27 CFR 555.208(b)(1) impose
similar requirements regarding weather-resistance as well.
Top
Bullet-resistance
Requirements for Type 2 Outdoor Magazine Roofs. (3/27/2007)
(see note) 27
CFR 555.208(a)(1) states that Type 2 outdoor magazines must be
bullet-resistant, fire-resistant, weather-resistant,
theft-resistant, and ventilated. Licensees and permittees
reminded that these requirements apply to all sides of a Type 2
outdoor magazine, including the roof. Bullet-resistant means
that the magazine (including the roof) is constructed of not less
than 1/4" steel and lined with at least 2" of hardwood
(27 CFR 555.208(a)(2)). ATF also provides alternative
construction specifications that meet it's bullet-resistance
requirements in ATF Rul. 76-18. ATF
I/O Investigators are now checking Type 2 outdoor magazines
for compliance with these requirements and have found that the
roofs of many Type 2 outdoor magazines do not meet these
requirements. Licensees and permittees are advised to
check their Type 2 outdoor magazines now to determine if
these requirements have been met. If the requirements are
not currently met, modifications should be made to the magazine to
ensure that compliance is achieved as soon as possible. If
modifications to the magazine are required to make it comply with
these bullet-resistance requirements, licensees and permittees are
reminded that:
- Such a modification is a "change
in construction" and is subject to the notification
requirements of 27 CFR 555.63 and 555.201
- Explosives must be removed from the
magazine before making modifications to the interior of the
magazine (27 CFR 555.216)
- ATF states in ATF Rul. 76-18 that
"All steel and wood dimensions are actual
thicknesses"; therefore, actual dimensions, and not
lumber sizes, should be used to achieve the thicknesses
indicated.
Note: This
requirement also applies to Type 1 magazines; however, there is an
exception for Type 1 magazine roofs. This exception is not
available for Type 2 magazine roofs -- all Type 2 outdoor magazine
roofs must be bullet-resistant.
Top
Changes in
Business. (updated
8/27/2009) Update
8/27/2009 -- ATF has published an article on this topic on
page 7 of the June 2009 ATF Explosives Industry Newsletter.
Click
here to download a copy.
Original notice (3/28/2007) -- Many
businesses change their form (sole proprietorship, partnership,
LP, LLC, Inc., etc.) at some time during their business
life. This may be to reflect changes in the way the company
has grown over the years, or it may be to take advantage of some
tax provision, liability provision, and so forth. When this
occurs, many licensees and permittees assume, incorrectly, that a
mere change in the initials at the end of their company name (for
example a change from Inc. to LP) is simply a change in trade name
or a change in control and attempt to comply with ATF's notification requirements in 27
CFR 555.56 or 555.57.
However,
this most often is not the case, and licensees and permittees are
reminded that such a change is, most often, a change of ownership that must be handled under the requirements of 27 CFR
555.41(b). These requirements require submission of an
application for a new license or permit for the new entity. This takes
time, and one should plan accordingly and submit the application
well in advance of the planned change. It is recommended
that this type of activity be coordinated closely with the staff
of the ATF Federal Explosives Licensing Center (FELC). "How
do I know if my change is a 'change in ownership'?"
This is often a complex legal question, and assistance should be
sought from the FELC staff. However, there is one simple test
that provides the correct answer in most instances -- if a new EIN
(employer identification number) will be issued, then, in nearly
all instances, a change in ownership will take place and must be addressed under 27 CFR
555.41(b). For
more information on this subject, please contact the FELC at:
Federal Explosives Licensing Center
244 Needy Rd.
Martinsburg, WV 25405
(304) 616-4400
e-mail: FELC2@atf.gov.
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Storage of Loaded
Perforating Guns. (1/24/2006
& Updated 3/7/2006)
At the request of the Oilfield Services Subcommittee of IME's
Safety & Health Committee, ATF has issued guidance on outdoor
storage of loaded perforating guns. This guidance, outlined
in their letter of January 18, 2006, to IME provides for
non-magazine storage of loaded perforating guns if the following
conditions are met:
-
A variance must be obtained by each company wishing to
store loaded perforating guns in outside, non-magazine
storage.
-
If guns contain detonators or other initiating devices, a
detonator interrupter device must be used.
-
No more than 200 loaded perforating guns may be kept
outside of an approved magazine.
-
Total explosive weight of loaded perforating guns kept
outside of approved magazines cannot exceed 2500 lbs.
-
Perforating guns may be stored
in covered or uncovered areas that are secured with a fence
with a locked gate. 3/7/06
-- On 2/16/06, IME provided additional information on this
topic. See the note on the bottom of page 2 of the ATF
letter for details.
-
Perforating guns must be stored in a manner that prevents
accidental movement or discharge, such as:
-
stored flat on a concrete or paved floor
-
stored flat on offshore tool pallets
-
secured to permanently mounted racks
3/7/06
-- On 2/16/06, IME provided additional information on this
topic. See the note on the bottom of page 2 of the ATF
letter for details.
-
Perforating guns may be stored on a motor vehicle or
trailer if the vehicle/trailer is locked and immobilized by a
standard kingpin locking device or a steering wheel locking
device. The vehicles keys must be removed from the
vehicle and the brakes set.
-
The fire safety authority having jurisdiction must be
notified in writing and a copy of the notification kept with
the variance approval (condition #1).
Click here for a
copy (copy updated 3/7/06) of ATF's letter to IME. For additional information on
how to obtain a variance, please call Debbie Payne at (817)
551-0660 or send an e-mail to atf@ocsresponds.com.
Top
Certifications
required by ATF
(11/11/2009)
OCS is the regulatory compliance programs administrator for Owen Oil
Tools LP, manufacturer and distributor of specialty explosives including perforators, cutters, severing tools,
detonators, and power charges. Explosives licensees like OOT are regulated by the Bureau of
Alcohol, Tobacco, Firearms, and Explosives (ATF) and, as of May 24,
2003, will be required to provide the following information
to each vendor from which they purchase explosives:
- A certified copy of the non-expired ATF license
- A certified statement of intended use of explosives
- A list of persons authorized to take delivery of explosives
on behalf of the company (authorized receivers list)
We make available a combined
certification (updated 01/08/2010) that meets all 3 requirements listed
above. Click
here to obtain a copy of the combined certification (updated
01/08/2010).
Click
here to obtain a copy of the initial notification from
4/7/2003 that includes an explanation of the new requirements
under the Safe Explosives Act.
3/6/2007 -- Note about expiration dates: All
Owen ATF licenses, except for location #20 (Houston, TX), will
expire 4/1/2007. Applications for renewal were hand-delivered to the ATF FELC on 3/15/2007. This delivery
satisfies the requirements of 27 CFR 555.46 that requires renewal
applications to be filed prior to the expiration date of the
license or permit. Additionally, the provisions of 5 USC §558
allow licensees and permittees, who have filed their renewal
applications timely, to continue operations under their current
license/permit until ATF completes processing of the renewal application.
ATF usually provides "extension" letters to document
this provision, and if needed, extension letters will be posted
here when obtained.
8/2/2007
-- Update: The following
license have been
renewed: Belle Chasse, Burkburnett,
Corpus Christi
,
Houma
,
Parkersburg
, Rosharon,
Shreveport
, and
Tyler
. The renewal of the remaining OOT licenses are still
pending.
6/3/2008
-- Update: The following license has been renewed: Snyder.
The renewal of Odessa is still pending.
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Computerized
Recordkeeping (1/22/2007)
On January 18,
2007,
ATF issued ATF Ruling 2007-1 to clarify that the use of
computerized recordkeeping, without first obtaining a variance, is
acceptable under specified conditions. Click
here for details.
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Reporting Magazine
Changes (7/25/2006)
OCS has received a
letter from ATF clarifying the meaning of its "magazine
changes" reporting requirements.
In 27 CFR 555.63 and 555.201, ATF requires reporting of 4
"magazine change" events:
- Before making changes in construction to an existing
magazine (27 CFR 555.63(a)(4), 555.63(c), and 555.021(c)),
- Before constructing a new magazine (27 CFR
555.63(a)(4), 555.63(d), and 555.021(c)),
- Before using a reconstructed magazine (27 CFR
555.63(a)(4), 555.63(c), and 555.021(c)), and
- Before using a newly added (acquired) magazine (27 CFR
555.63(a)(4), 555.63(d), and 555.021(c)).
While 27 CFR 555.63 uses very specific language when
describing changes that are to be reported (i.e., "changes in
magazine construction", 27 CFR 555.201(c) is not so
clear. This has led to the assumption that
"changes" to magazines might include such events as:
- relocating an existing magazine,
- repairing a magazine (even though the repairs don't
require a change in construction), or
- painting a magazine.
Such interpretations could lead to issues with local ATF
investigators during compliance inspections; therefore, OCS sought
clarification of the issue with a letter to ATF and they replied
that events like those described above do not require notification
to ATF.
Click
here for a copy of the ATF letter and the OCS inquiry.
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Meaning of the term
"Inhabited Building" (11/29/2005)
On November 25, 2005,
ATF issued ATF Ruling 2005-3 to clarify the meaning of the term
"Inhabited Building". This ruling should put to
rest issues such as shared property, occasional visits to
structures, occupation by single persons, etc. Click
here for details.
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Export Broker
Licensing (7/16/2005)
In reply to an inquiry from OCS, ATF has
provided guidance on the subject of licensing of export
brokers. This guidance was received in an e-mail
communication from Assistant Director Lew Raden and will be
formalized by a letter to OCS at a later date (the letter will be
posted when it has been received). In the e-mail, Mr. Raden
states:
These persons at a minimum will need a permit issued
through ATF. If by "paying for explosives" they take
title to the explosives and then distribute explosives to
someone else, they would need a license through ATF. If the
"broker" simply acts as a service, completing
paperwork, facilitating but not directing the transaction or
shipping of the explosives and receiving a fee for services,
then no license or permit is required. ATF is working on a
ruling pertaining to the scenarios that you presented, and we
hope to issue it soon. It is partly due to the complexity of the
legal analysis of factors that has delayed issuance of the
ruling and getting you a response.
A copy of the inquiry from OCS may be obtained by clicking
here.
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New
Explosives Marking Requirements (7/16/2005)
On May 27, 2005,
ATF published new requirements (70
FR 30626) addressing the subject of identification markings to
be placed on explosive materials. These new requirements,
which become effective on July 26, 2005 expand the previous
marking requirements of 27 CFR 555.109 to include explosives
imported into the USA. Previously, the marking requirements
only applied to explosives manufactured in the USA. The
following summarizes the new marking requirements. There are
additional provisions regarding method of marking and exceptions
not discussed below. Please see the Final
Rule for details. A copy of the Final Rule can be
obtained by clicking
here.
Explosives manufactured in the USA:
-
Marks must be applied by the
licensed manufacturer on explosives manufactured for sale or
distribution. Marks do not have to be placed on
explosives manufactured for the manufacturer's own use.
-
Marks must be applied at the
time of manufacture.
- Marks must include:
- name of manufacturer,
- location of manufacture,
- date of manufacture, and
- shift of manufacture (unless there is only 1
manufacturing shift).
Explosives imported into the USA:
-
Marks must be applied by the
licensed importer on explosives imported for sale or
distribution. Marks do not have to be placed on
explosives imported for the importer's own use.
-
Marks must be applied prior to
distribution or shipment for use, and in no event, later than
15 days after release of the explosives from Customs custody.
- Marks must include:
- name and address (city & state) of importer,
- location of manufacture (city & country),
- date of manufacture, and
- shift of manufacture (unless there is only 1
manufacturing shift).
Requirements applying to all markings (whether USA
manufactured or imported into USA):
-
Marks must be permanent and
legible.
-
Marks must be in English using
Roman letters and Arabic numerals.
-
Marks must be on each cartridge (device), bag,
intermediate container, and on the outside of the container
used for packaging the explosive materials.
Top
Qualification to be
Listed as an "Authorized Receiver"
(7/16/2005)
ATF
requires licensees and permittees to furnish to suppliers lists of
persons authorized to receive explosives on their behalf. We
have recently received questions regarding the qualifications of
persons who can be listed on an "Authorized Receivers
List." Specifically, we have been asked if authorized
receivers can only be those persons who have fingerprints on file
with ATF or who have been identified as "Responsible
Persons" by the licensee or permittee. The answer is,
"no". Authorized receivers can be either
"employee possessors" or "responsible
persons", but they are not required to be "responsible
persons". Also, since "employee possessors"
do not routinely have fingerprints on file with ATF (exceptions
exist for those who have been granted relief from explosive
possession disabilities), the statement that only those persons
with fingerprints on file with ATF can be "authorized
receivers" is also incorrect.
ATF confirmed this opinion in the June 2005 ATF Explosives
Industry Newsletter where, in the last sentence of the left-hand
column on page 6, they state, "Please note, the persons on
the certified list must also be listed on the license/permit as an
employee possessor or a responsible person." A copy of
this newsletter is available by clicking
here.
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Receiver Verification
(when using common/contract carrier) (10/25/2004)
OCS has received a letter from ATF
providing additional guidance regarding receiver verification
requirements when a common or contract carrier is used to deliver
explosives. In the letter (copy to be posted next week), ATF
confirms that:
-
When a common or contract
carrier is not used
(i.e., customer pick up or delivery by you):
- You must examine an identification document of the
receiver and
-
You must confirm that the
receiver is on the distributee's Authorized Receivers
List.
-
When a common or contract
carrier is used
for delivery to holders of a license/permit:
- You and/or the carrier are
not required to examine an identification
document of the receiver,
- You and/or the carrier are
not required to confirm that the receiver is on
the distributee's Authorized Receivers List,
- You are required to examine the valid, unexpired
driver's license of the person accepting possession of
explosives for the common/contract carrier, and
-
You are required to note
the name of the carrier and the driver's full name in your
permanent records.
-
When a common or contract
carrier is used
for delivery to holders of a limited permit, you must:
- Follow the requirements of 27 CFR 555.105(b)(6)(iii)
or
-
Follow the requirements of
ATF Ruling 2003-5.
27 CFR 555.105(b)(6)(iii)
requires that a common or contract carrier hired by a licensee
or permittee verify the identity of the person accepting
delivery on behalf of the distributee, note the type and
number of the identification document, and provide this
information to the distributor.
ATF Ruling 2003-5 allows you
to contact the distributee within 3 business days of shipment
to confirm receipt of explosives (click
here for details).
Click
here for a copy of the ATF letter
Click
here for a copy of the OCS inquiry
Top
ATF Security
Checklist. (7/26/2004)
Gary Bangs; Chief, Explosives Industry
Programs Branch; Arson and Explosives Division; Bureau of Alcohol,
Tobacco, Firearms, and Explosives has advised that ATF has
developed a checklist that ATF inspectors will be using when
visiting proprietors. Mr. Bangs stresses that this assessment is
VOLUNTARY and that inspectors may also utilize questionnaires of
key employees to evaluate internal controls that may present
potential weak links, thereby increasing the risk of criminal use
of explosives. This internal control evaluation is also voluntary.
ATF's hope is that, by examining a facility from an outside
perspective, simple things that may be overlooked could be pointed
out and corrected, with little increased cost to the proprietor.
Other items on the checklist may certainly increase costs, but
ATF wanted to include as much as possible to ensure that we all
constantly think about security. ATF knows that security is
everyone's concern, but it is always best to have an outside look.
The closer you are to something, the easier something may be
missed.
Mr. Bangs has provided the checklist before it goes into
actual use so that industry will be aware of its coming use and
not be surprised and to, hopefully, avoid miscommunication or
misunderstanding during implementation. In addition, ATF hopes that
industry will embrace this as a good thing, to everyone's benefit,
and that it will be publicized as much as possible.
You can review the ATF security check list by clicking one
of these links: MSWord
Acrobat PDF
In addition, ATF is examining their overall explosives risk
assessment procedures to make improvements where possible.
Therefore, they have posted a special notice to all explosives
licensees/permittees from Director Truscott. They also have posted
an open letter to all Federal firearms licensees encouraging
voluntary safeguards and reporting of suspicious activities
regarding explosives that they handle, such as black and smokeless
powder. Finally, the next explosives newsletter will be coming out soon.
You can review the two letters mentioned above on the ATF website
by clicking one of these links:
Mr. Bangs advises that additional items will be forthcoming
and encourages
everyone who has other ideas to improve explosives security to contact
him. Send your comments to:
Gary Bangs
Chief, Explosives Industry Programs Branch
Arson and Explosives Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
650 Massachusetts Avenue
Room 5100
Washington DC 20226
Top
5400.8 Form
Eliminated. (9/11/2003)
ATF has issued an Interim Final Rule (68 FR
53509 - 53513) that eliminates the requirement to use ATF From
5400.8, Explosives Delivery Record. This interim final rule
"removes the procedures set forth in 27 CFR 555.103(b)(3) and
555.105(b)(6)(iii) and (iv), which require transactions ...
involving delivery ... by a common or contract carrier" to be
documented on form 5400.8. In the place of collecting form
5400.8, ATF now requires that distributors verify the identity of
the person accepting possession of explosives for the common or
contract carrier by examining that person's valid driver's license
(issued by any State, Canada, or Mexico). Additionally,
distributors must record in their permanent records the name of
the common or contract carrier and the full name of the
driver. 5400.8 forms collected prior to
the effective date of the IFR, must be maintained as part of the
distributor's permanent record in compliance with 27 CFR 555.121. For
more information, please review the Interim Final Rule (click
here) and the ATF press release (click
here).
Top
Receiver Verification.
(5/27/2003)
ATF has issued
Ruling 2003-5 which will relieve common/contract carriers from the
requirement that they verify the identity of persons taking
possession of explosives when delivering to holders of limited
permits. In the ruling, ATF provides an alternate procedure
for compliance with the requirements of 27 CFR
555.105(b)(6)(iii). The alternate procedure is:
The distributor shall, no later than three business
days after shipment of the explosive materials, contact the
distributee by telephone, facsimile, e-mail or any other means
to ensure that the shipment has been received. The
distributor shall make a notation on ATF Form 5400.4 indicating
whether the shipment was received and the date and time of the
contact with the distributee.
As noted, this alternate procedure only applies to instances
of delivery by common or contract carrier to holders of limited
permit. It is our opinion that the shipment verification by
phone, fax, e-mail, etc. described above would also meet the
verification requirements of 27 CFR 555.103(b)(2) &
(b)(3). We have received informal confirmation that ATF
shares this opinion and that additional guidance on this issue is
forthcoming from them (updated information
available, please see the compliance
update of 10/19/2004). Click
here (ATF website) or click
here (OCS website) to review ATF Ruling 2003-5.
Top
Storage of Explosives.
(3/27/2007)
ATF requirements regarding storage of
explosives are found in Subpart K of the Commerce in Explosives
Regulations (27 CFR 555.201 - 555.224). The
following is a brief summary of those requirements:
- Notifications
(ATF) -- required before acquiring/constructing new
magazines and before making changes in construction to
existing magazines (27 CFR 555.201(c))
- Notification
(local fire authority) -- required orally by close
of business the day storage begins and in writing
within 48 hours of beginning storage (27 CFR 555.201(f)).
- Inspections
-- at least once every 7 days (27 CFR 555.204).
- When must
explosives be in magazines? -- Explosives must be kept in locked magazines,
unless the explosives are being manufactured, used, transported, or
being prepared for use/transport (27 CFR 555.205).
- Location of
(high explosives) Magazines -- Magazines used to
store high explosives must be located in accordance with the
American Table of Distances (27 CFR 555.206 and 555.218).
- Construction
Requirements -- Magazines must be constructed to
meet ATF requirements for magazine type (27 CFR 555.207 -
555.211). Alternate construction requirements are
provided in ATF Rul. 76-18.
- Smoking,
matches, open flames, or spark producing devices --
are not allowed in magazines, within 50 feet of outdoor
magazines, or in rooms containing indoor magazines (27 CFR
555.212).
- Detonators
-- cannot be stored with other explosives in most cases (27
CFR 555.213). See also "Detonator
storage".
- Storage against
walls -- prohibited (27 CFR 555.214(a)).
- Arrangement
of containers -- marks must be visible and stocks
must be arranged so that they can be easily counted and
checked upon inspection (27 CFR 555.214(b)).
- Opening/closing
containers -- containers must be closed while
stored. Except for fiberboard and other nonmetal
containers, containers cannot be opened in magazines or within
50' of magazines (27 CFR 555.214(c)).
- Tools
-- must be made of nonsparking materials (27 CFR
555.214(d)). Some exceptions exist.
- Housekeeping
(27 CFR 555.215):
- Magazines must be clean, dry and
free of grit, paper, trash, and empty packagings
- Floors must be swept regularly
- Brooms and other cleaning utensils
must have no spark-producing metal parts
- Floors stained by explosives leaks
must be cleaned
- Deteriorated explosives are to be
destroyed per manufacturer's advice
- Area within 25' of magazines is to
be kept clear of rubbish, brush, dry grass, or trees
(trees taller than 10' are allowed)
- Volatile materials are to be kept
at least 50' from magazines
- Repairs
(27 CFR 555.216):
- Magazine interiors --
- Explosives must be removed
from magazine
- Magazine must be cleaned of
explosive resideu
- Magazine exteriors -- explosives
must be removed if repairs could produce sparks or flames
- Explosives removed from magazines
being repaired must be:
- placed in other magazines or
- placed a safe distance from
the magazine(s) being repaired and guarded and
protected until repairs are complete and explosives
have been returned to magazines
- Lighting
-- see 27 CFR 555.217
Top
Detonator storage.
(3/27/2007)
ATF
allows most explosives to be stored in one magazine; however, in
most cases, detonators must be stored in a separate magazine (27 CFR
555.213(b)). Probably most confusing is the storage of OOT power
charge igniters, which many users mistakenly think are
"detonators". ATF defines a "detonator" as
follows:
Detonator. Any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous
and delay types, blasting caps for use with safety fuses, detonating-cord delay connectors, and nonelectric
instantaneous and delay blasting caps.
OOT power charge igniters (DET-5306-074) are
not detonators. They contain only black powder, which is not a
"detonating charge". They are not used for initiating
detonation, they are used for igniting a flammable mixture in the
power charge. Finally, OOT power charge igniters are not
classified by DOT as detonators. Unless prohibited by
state or local regulation, OOT
power charge igniters may be stored in the same magazine as other
high explosives (perforators, cutters, detcord, bi-directional
boosters, power charges, etc.) or (per 27 CFR
55.213(b)(2)) in the same type 1 or type 2 magazine as detonators.
Top
Bi-directional booster
storage. (3/27/2007)
Bi-directional boosters are shells containing 1 gram or less of RDX, HMX, HNS, PYX, NONA, or CP. They are explosive components used to transmit an explosive train from a donor to a receptor. The donor may be a detonator, detonating cord, or another bi-directional booster and the receptor is detonating cord, another bi-directional booster, or a shaped charge. Bi-directional boosters are classified by the U.S. Department of Transportation as
"Components, Explosive Train, n.o.s., 1.4S"
Bi-di/detcord assemblies are lengths of detonating cord with a
bi-directional booster affixed to one or both ends.
According to ATF, neither bi-directional boosters nor bi-di/detcord
assemblies are considered "detonators". Therefore,
these devices should not be stored in the same magazine as
detonators; however, they may be stored with other high explosives
(perforators, detcord, cutters, etc.). This position has been
formally reviewed by ATF, by the Louisiana
Department of Public Safety and Corrections and Natural
Resources Canada, Explosives Regulatory Division and all three
authorities concur (click the name for a copy of the document).
Top
Owen Explosive Storage Compatibility Chart
(3/27/2007)
|
“Detonator”
magazine
|
“Charge”
(non-detonator) magazine
|
Not
allowed to be stored in Magazines
|
|
DETONATING
FUZES
ELECTRIC DETONATORS
IGNITERS NON-ELECTRIC DETONATORS
PRIMERS, CAP TYPE
|
BI-DIRECTIONAL
(Bi-DI) BOOSTERS
BI-DI/DETCORD ASSEMBLIES
BULK EXPLOSIVES CUTTERS
DETONATING CORD
EXPLOSIVE CARTRIDGES & PELLETS
IGNITERS
LINEAR SHAPED CHARGES
PERFORATING GUNS
PERFORATORS
POWER CHARGES
SHAPED CHARGES
|
WellStim™
/ StimGun™
products
[3]
Non-explosive hazardous materials (DOT classes 2 - 9)
Non-explosive items
Metal tools
Cleaning utensils with spark-producing metal parts
Anything that is not an explosive |
[3]
USA only. Other countries may require storage of these items
in magazines. Consult with national authority in other
countries regarding storage of these items.
Top
The following is a listing of the topics
in this newsletter.
- New Chief of Explosives Industry
Programs -- introduces Debra
Satkowiak, who replaces Gary Bangs as Chief of Explosives
Industry Programs
- New Web Pages --
dedicated to the topics of 1) display fireworks, 2) explosives
security, and 3) explosives storage
- Fireworks Safety & Storage
- Illegal Explosives
- Fireworks Recordkeeping Variance
- Updated Fireworks Q & A --
although this deals with fireworks, there is a lot of
information here that can apply to other explosives as well
- Simplified License & Permit
Structure -- no more having to choose
from high explosives, low explosives, or blasting agents
- Change of Control
- Scanned or E-mailed Licenses --
also discusses what types of signatures are acceptable
- Igniter Storage with Rocket Motors in
Attached Garages
- Locking Issues --
Tumblers vs. pins, "hockey puck" locks, locking
indoor magazines, and flush mounted locks
- Bullet Resistance for Type 2 Indoor
Storage
- Detonator Boxes
- Explosives Thefts
ATF
Explosives Industry Newsletter Webpage
Top
ATF Reference Section
-
ATF
Regulations (27 CFR Part 555) as of April 1, 2007,
1.62mb (added
6/15/2007)
-
ATF
Regulations (27 CFR Part 555) as of April 1, 2006,
1.53mb
-
ATF
Regulations (27 CFR Part 555) as of April 1, 2005,
1.50mb
-
ATF
"Orange Book", Federal Explosives Law and
Regulations - 2007 -- added
12/6/2007
PDF
version -- added 2/28/2008
-
List
of Explosives (Dec 2007) (added
10/4/2006)
List
of Explosives (Sep 2006)
List
of Explosives (Dec 2005)
-
The
Safe Explosives Act (Subtitle C, Title XI, Homeland
Security Act of 2002, Public Law 107-296)
-
Interim
Final Rule of September 11, 2003 (eliminating 5400.8 form)
-
Interim
Final Rule of March 20, 2003 (implementing the Safe
Explosives Act)
-
Notice
of Proposed Rulemaking of January 29, 2003 (Notice No.
968), Regulatory Flexibility Act review
Top
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