27 Cfr 555.61

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
right to carry on the same explosive
materials business or operations at the
same business premises for the remainder of the term of license or permit.
These persons are:
(1) The surviving spouse or child, or
executor, administrator, or other legal
representative of a deceased licensee or
permittee; and
(2) A receiver or trustee in bankruptcy, or an assignee for benefit of
creditors.
(b) In order to secure the right of succession, the person or persons continuing the business or operations shall
submit the license or permit and all
copies furnished with the license or
permit for endorsement of the succession to the Chief, Federal Explosives
Licensing Center, within 30 days from
the date on which the successor begins
to carry on the business or operations.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; T.D. ATF 2013R–9F, 79 FR 46693, Aug.
11, 2014]

§ 555.60 Certain continuances of business or operations.
A licensee or permittee who furnishes
his license or permit to the Chief, Federal Explosives Licensing Center, for
correction, amendment, or endorsement, as provided in this subpart, may
continue his business or operations
while awaiting its return.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; T.D. ATF 2013R–9F, 79 FR 46694, Aug.
11, 2014]

§ 555.61 Discontinuance of business or
operations.

pmangrum on DSK3GDR082PROD with CFR

Where an explosive materials business or operations is either discontinued or succeeded by a new owner,
the owner of the business or operations
discontinued or succeeded shall, within
30 days, furnish notification of the discontinuance or succession and submit
his license or permit and any copies
furnished with the license or permit to
the Chief, Federal Explosives Licensing
Center. (See also § 555.128.)
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; T.D. ATF 2013R–9F, 79 FR 46694, Aug.
11, 2014]

§ 555.63

§ 555.62 State or other law.
A license or permit issued under this
part confers no right or privilege to
conduct business or operations, including storage, contrary to State or other
law. The holder of a license or permit
issued under this part is not, by reason
of the rights and privileges granted by
that license or permit, immune from
punishment for conducting an explosive materials business or operations in
violation of the provisions of any State
or other law. Similarly, compliance
with the provisions of any State or
other law affords no immunity under
Federal law or regulations.
§ 555.63 Explosives magazine changes.
(a) General. (1) The requirements of
this section are applicable to magazines used for other than temporary
(under 24 hours) storage of explosives.
(2) A magazine is considered suitable
for the storage of explosives if the construction requirements of this part are
met during the time explosives are
stored in the magazine.
(3) A magazine is considered suitable
for the storage of explosives if positioned in accordance with the applicable table of distances as specified in
this part during the time explosives are
stored in the magazine.
(4) For the purposes of this section,
notification of the Director, Industry
Operations may be by telephone or in
writing. However, if notification of the
Director, Industry Operations is in
writing it must be at least three business days in advance of making
changes in construction to an existing
magazine or constructing a new magazine, and at least five business days in
advance of using any reconstructed
magazine or added magazine for the
storage of explosives.
(b) Exception. Mobile or portable type
5 magazines are exempt from the requirements of paragraphs (c) and (d) of
this section, but must otherwise be in
compliance with paragraphs (a) (2) and
(3) of this section during the time explosives are stored in such magazines.
(c) Changes in magazine construction.
A licensee or permittee who intends to
make changes in construction of an existing magazine shall notify the Director, Industry Operations describing the
proposed changes prior to making any

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