27 Cfr 555.128

§ 555.128
§ 555.128

27 CFR Ch. II (4–1–17 Edition)
Discontinuance of business.

§ 555.130

Where an explosive materials business or operations is discontinued and
succeeded by a new licensee or new permittee, the records prescribed by this
subpart shall appropriately reflect such
facts and shall be delivered to the successor. Where discontinuance of the
business or operations is absolute, the
records required by this subpart must
be delivered within 30 days following
the business or operations discontinuance to any ATF office located in the
region in which the business was located, or to the ATF Out-of-Business
Records Center, 244 Needy Road, Martinsburg, West Virginia 25405. Where
State law or local ordinance requires
the delivery of records to other responsible authority, the Chief, Federal Explosives Licensing Center may arrange
for the delivery of the records required
by this subpart to such authority. (See
also, § 555.61.)
[T.D. ATF–290, 54 FR 53054, Dec. 27, 1989, as
amended by T.D. ATF–446a, 66 FR 19089, Apr.
13, 2001; ATF No. 1, 68 FR 13792, Mar. 20, 2003;
T.D. ATF–11F, 73 FR 57242, Oct. 2, 2008; T.D.
ATF 2013R–9F, 79 FR 46694, Aug. 11, 2014]

§ 555.129

Exportation.

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Exportation of explosive materials is
to be in accordance with the applicable
provisions of section 38 of the Arms Export Control Act (22 U.S.C. 2778) and
implementing regulations. However, a
licensed importer, licensed manufacturer, or licensed dealer exporting explosive
materials
shall
maintain
records showing the manufacture or acquisition of explosive materials as required by this part and records showing
the quantity, the manufacturer’s name
or brand name of explosive materials,
the name and address of the foreign
consignee of the explosive materials,
and the date the explosive materials
were exported. See § 555.180 for regulations concerning the exportation of
plastic explosives.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–387, 62 FR 8377, Feb.
25, 1997]

[Reserved]

Subpart H—Exemptions
§ 555.141

Exemptions.

(a) General. Except for the provisions
of §§ 555.180 and 555.181, this part does
not apply to:
(1) Any aspect of the transportation
of explosive materials via railroad,
water, highway, or air which is regulated by the U.S. Department of Transportation and its agencies, and which
pertains to safety. For example, regulations issued by the Department of
Transportation addressing the security
risk of aliens transporting explosives
by commercial motor or railroad carrier from Canada preclude the enforcement of 18 U.S.C. 842(i)(5) against persons shipping, transporting, receiving,
or possessing explosives incident to and
in connection with the commercial
transportation of explosives by truck
or rail from Canada into the United
States. Questions concerning this exception should be directed to ATF’s Explosives Industry Program Branch in
Washington, DC.
(2) The use of explosive materials in
medicines and medicinal agents in the
forms prescribed by the official United
States Pharmacopeia or the National
Formulary. ‘‘The United States Pharmacopeia and The National Formulary,’’ USP and NF Compendia, are
available from the United States
Pharmacopeial Convention, Inc., 12601
Twinbrook Parkway, Rockville, Maryland 20852.
(3) The transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of
the United States or to any State or its
political subdivision.
(4) Small arms ammunition and components of small arms ammunition.
(5) The manufacture under the regulation of the military department of
the United States of explosive materials for, or their distribution to or
storage or possession by, the military
or naval services or other agencies of
the United States.
(6) Arsenals, navy yards, depots, or
other establishments owned by, or operated by or on behalf of, the United
States.

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