27 CFR Part 555.201(f)

§ 555.183

27 CFR Ch. II (4–1–17 Edition)

functions (including any military reserve component) or the National
Guard of any State, wherever such device is located. For purposes of this
paragraph, the term ‘‘military device’’
includes, but is not restricted to,
shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices
lawfully manufactured exclusively for
military or police purposes.
[T.D. ATF–387, 62 FR 8377, Feb. 25, 1997]

§ 555.183 Importation of plastic explosives on or after April 24, 1997.
Persons filing Form 6 applications
for the importation of plastic explosives on or after April 24, 1997, shall attach to the application the following
written statement, prepared in triplicate, executed under the penalties of
perjury:
(a) ‘‘I declare under the penalties of
perjury that the plastic explosive to be
imported contains a detection agent as
required by 27 CFR 555.180(b)’’; or
(b) ‘‘I declare under the penalties of
perjury that the plastic explosive to be
imported is a ‘‘small amount’’ to be
used for research, training, or testing
purposes and is exempt from the detection agent requirement pursuant to 27
CFR 555.182.’’
[T.D. ATF–387, 62 FR 8377, Feb. 25, 1997]

§ 555.184 Statements of process and
samples.

pmangrum on DSK3GDR082PROD with CFR

(a) A complete and accurate statement of process with regard to any
plastic explosive or to any detection
agent that is to be introduced into a
plastic explosive or formulated in such
plastic explosive shall be submitted by
a licensed manufacturer or licensed importer, upon request, to the Director.
(b) Samples of any plastic explosive
or detection agent shall be submitted
by a licensed manufacturer or licensed
importer, upon request, to the Director.
(Paragraph (a) approved by the Office of
Management and Budget under control number 1140–0042)
[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997, as
amended by T.D. ATF–11F, 73 FR 57242, Oct.
2, 2008]

§ 555.185

Criminal sanctions.

Any person who violates the provisions of 18 U.S.C. 842(l)–(o) shall be
fined under title 18, U.S.C., imprisoned
for not more than 10 years, or both.
[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]

§ 555.186

Seizure or forfeiture.

Any plastic explosive that does not
contain a detection agent in violation
of 18 U.S.C. 842(l)–(n) is subject to seizure and forfeiture, and all provisions
of 19 U.S.C. 1595a, relating to seizure,
forfeiture, and disposition of merchandise introduced or attempted to be introduced into the U.S. contrary to law,
shall extend to seizures and forfeitures
under this subpart. See § 72.27 of this
chapter for regulations on summary
destruction of plastic explosives that
do not contain a detection agent.
[T.D. ATF–387, 62 FR 8378, Feb. 25, 1997]

Subpart K—Storage
§ 555.201

General.

(a) Section 842(j) of the Act and
§ 555.29 of this part require that the
storage of explosive materials by any
person must be in accordance with the
regulations in this part. Further, section 846 of this Act authorizes regulations to prevent the recurrence of accidental explosions in which explosive
materials were involved. The storage
standards prescribed by this subpart
confer no right or privileges to store
explosive materials in a manner contrary to State or local law.
(b) The Director may authorize alternate construction for explosives storage magazines when it is shown that
the alternate magazine construction is
substantially equivalent to the standards of safety and security contained in
this subpart. Any alternate explosive
magazine construction approved by the
Director prior to August 9, 1982, will
continue as approved unless notified in
writing by the Director. Any person intending to use alternate magazine construction shall submit a letter application to the Director, Industry Operations for transmittal to the Director,
specifically describing the proposed
magazine. Explosive materials may not
be stored in alternate magazines before

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
the applicant has been notified that
the application has been approved.
(c) A licensee or permittee who intends to make changes in his magazines, or who intends to construct or
acquire additional magazines, shall
comply with § 555.63.
(d) The regulations set forth in
§§ 555.221 through 555.224 pertain to the
storage of display fireworks, pyrotechnic compositions, and explosive
materials used in assembling fireworks
and articles pyrotechnic.
(e) The provisions of § 555.202(a)
classifying flash powder and bulk salutes as high explosives are mandatory
after March 7, 1990: Provided, that those
persons who hold licenses or permits
under this part on that date shall, with
respect to the premises covered by such
licenses or permits, comply with the
high explosives storage requirements
for flash powder and bulk salutes by
March 7, 1991.
(f) Any person who stores explosive
materials shall notify the authority
having jurisdiction for fire safety in
the locality in which the explosive materials are being stored of the type,
magazine capacity, and location of
each site where such explosive materials are stored. Such notification shall
be made orally before the end of the
day on which storage of the explosive
materials commenced and in writing
within 48 hours from the time such
storage commenced.
(Paragraph (f) approved by the Office of Management and Budget under control number
1140–0071)

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[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–293, 55 FR 3722, Feb. 5,
1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998;
T.D. ATF–11F, 73 FR 57242, Oct. 2, 2008; T.D.
ATF 2013R–9F, 79 FR 46694, Aug. 11, 2014]

§ 555.202 Classes of explosive materials.
For purposes of this part, there are
three classes of explosive materials.
These classes, together with the description of explosive materials comprising each class, are as follows:
(a) High explosives. Explosive materials which can be caused to detonate
by means of a blasting cap when
unconfined, (for example, dynamite,
flash powders, and bulk salutes). See
also § 555.201(e).

§ 555.203

(b) Low explosives. Explosive materials which can be caused to deflagrate
when confined (for example, black powder, safety fuses, igniters, igniter
cords, fuse lighters, and ‘‘display fireworks’’ classified as UN0333, UN0334, or
UN0335 by the U.S. Department of
Transportation regulations at 49 CFR
172.101, except for bulk salutes).
(c) Blasting agents. (For example, ammonium nitrate-fuel oil and certain
water-gels (see also § 555.11).
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–293, 55 FR 3722, Feb. 5,
1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998]

§ 555.203 Types of magazines.
For purposes of this part, there are
five types of magazines. These types,
together with the classes of explosive
materials, as defined in § 555.202, which
will be stored in them, are as follows:
(a) Type 1 magazines. Permanent magazines for the storage of high explosives, subject to the limitations prescribed by §§ 555.206 and 555.213. Other
classes of explosive materials may also
be stored in type 1 magazines.
(b) Type 2 magazines. Mobile and portable indoor and outdoor magazines for
the storage of high explosives, subject
to the limitations prescribed by
§§ 555.206, 555.208(b), and 555.213. Other
classes of explosive materials may also
be stored in type 2 magazines.
(c) Type 3 magazines. Portable outdoor magazines for the temporary storage of high explosives while attended
(for example, a ‘‘day-box’’), subject to
the limitations prescribed by §§ 555.206
and 555.213. Other classes of explosives
materials may also be stored in type 3
magazines.
(d) Type 4 magazines. Magazines for
the storage of low explosives, subject
to the limitations prescribed by
§§ 555.206(b), 555.210(b), and 555.213.
Blasting agents may be stored in type
4 magazines, subject to the limitations
prescribed by §§ 555.206(c), 555.211(b),
and 555.213. Detonators that will not
mass detonate may also be stored in
type 4 magazines, subject to the limitations
prescribed
by
§§ 555.206(a),
555.210(b), and 555.213.
(e) Type 5 magazines. Magazines for
the storage of blasting agents, subject
to the limitations prescribed by
§§ 555.206(c), 555.211(b), and 555.213.

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