EXPLOSIVES APPLICATIONS AND EXPLOSIVES STORAGE
Explosives licensees and permittees,
and others concerned:
The purpose of this Industry Circular is to advise you of an ATF
Procedure to be published soon in the ATF Bulletin. The procedure
reads substantially as follows:
ATF Proc. 75-4
Section 1. PURPOSE.
This ATF Procedure prescribes additional information required to
be submitted by applicants intending to store explosive materials.
Sec. 2. BACKGROUND.
.01 Title XI of Public Law 91-452 (18 U. S. C. Chapter 40) estab-
lishes Federal control over explosive materials. Part 181 of Title 27,
Code of Federal Regulations, contains the regulations which implement
Title XI. The Commerce in Explosives regulations were recodified
from 26 CFR Part 181 into 27 CFR Part 181 on April 15, 1975.
.02 The Director has determined that additional descriptive infor-
mation of explosives storage facilities is required in order to insure
compliance with law and regulations. Accordingly, Form 4705, Appli-
cation for License, and Form 4707, Application for Permit, have been
Sec. 3. LICENSES.
A person intending to engage in business as an importer, a manu-
facturer of, or a dealer in, explosive materials shall complete Form
4705, Application for License, in accordance with the instructions on
the form, and forward the forms with the license fee to the office
specified on the form. If approved, the Regional Director (ATF) will
issue a license and return a copy of the application to the applicant.
At the time of renewal of a license the Regional Director may require
the licensee to file a new or amended application, or additional
descriptive pages to be attached to the application, upon a determination
that the licensee's currently approved application is inaccurate or does
not fully describe the storage facilities. If the application is denied, the
applicant will be advised in writing of the reasons for the denial.
Sec. 4. PERMITS.
A person intending to acquire, transport, ship, import or receive
explosive materials in interstate or foreign commerce for his own use
and not for resale shall complete Form 4707, Application for Permit,
in accordance with the instructions on the form and forward the forms
with the permit fee to the office specified on the form. If approved
the Regional Director (ATF) will issue a permit and return a copy of
the application to the applicant. At the time of renewal of a permit
the Regional Director may require the permittee to file a new or
amended application, or additional descriptive pages to be attached to
the application, upon a determination that the permittee's currently
approved application is inaccurate or does not fully describe the storage
facilities. If the application is denied, the applicant will be advised in
writing of the reasons for the denial.
Sec. 5. STORAGE.
.01 If explosive materials are to be stored, the requirements of 27
CFR Part 181, Subpart J- Storage, must be complied with before the
application will be approved. An applicant for a license or permit who
intends to store explosive materials shall fully describe the intended
storage facilities to support the applicant's affirmation that the storage
facilities meet the requirements set forth in 27 CFR Part 181, Subpart
.02 The description should, as a minimum, include the following
(a) The type of magazine (building, igloo, tunnel, portable
box, portable trailer, etc. ).
(b) The location and distance from applicant's place of
(c) The distance to the next nearest storage magazine.
(d) A description of significant terrain features and physical
structures, such as buildings, roads, utilities and other
facilities which could be damaged if the magazine exploded.
Indicate the distance between the magazine and the feature.
(e) The materials (including dimensions and thicknesses) used
for the structure (e. g. concrete, corrugated iron over wood,
plywood, tin and earth, etc.).
(f) The security, physical safeguards, locks, safety equipment,
and anti-theft measures.
(g) The dimensions and capacity of each magazine.
(h) The class of explosive materials to be stored in each maga-
(i) The owner(s) of the magazine, if other than the applicant.
(j) The names and telephone numbers of individuals who could
open the magazines for inspection by ATF officers.
(k) Any special conditions, such as inaccessibility in winter, etc.
Sec. 6. EFFECTIVE DATE.
The effective date of this procedure is November 1, 1975.
Sec. 7. INQUIRIES.
Inquiries regarding this ATF Procedure should refer to its number
and be addressed to the office of your Regional Director.
Rex D. Davis