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U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
ATF EXPLOSIVES Industry Newsletter Published Bi-Annually What's in this Issue
Carson W. Carroll, Assistant
Carson W. Carroll, Assistant Director, Enforcement Director, Enforcement
Programs and Services, Retires2009 Institute of Makers of Explosives (IME) Spring Programs and Services,
2010 International Society of Explosives Engineers (ISEE) ConferenceType-1 Igloo or "Army-type Structure" Explosives MagazinesDay Boxes A fter more than 22 years of Government service,
Carson W. Carroll, the Assistant Director for Enforcement Programs and Services, retired on August 31, 2009. As Assistant Director, Mr. Carroll Table of Distances and Barricades directed the development of policy guidance and oversaw Recording Explosive Materials "Used" programs supporting ATF's explosives related mission Inspection Violations Black Powder Blanks Mr. Carroll joined the Bureau as a Criminal Investigator Deteriorated Explosives in 1987. During his career with ATF, he served as a U.S. Department of Defense Exemption Application Special Response Team Leader in the Los Angeles Field Division, the Special Agent in Charge for the Tactical Storage of Exempt Explosive Materials in Magazines Response Branch and Critical Incident Management Branch, and the Special Agent in Charge for the Seattle Orange Book Errata Field Division. Mr. Carroll became Chief of the Arson and Explosives Programs Division in 2002 before his appointment as Deputy Assistant Director for the Office of Field Operations in 2005. In June 2008, Carson W. Carroll was appointed Assistant Director for the Office Arson & Explosives Programs Division (AEPD)
of Enforcement Programs and Services. Joseph M. Riehl
During his tenure with ATF, Carson worked hard to Deputy Division Chief Gregory D. Plott
ensure that ATF fairly and consistently enforced the regu- Explosives Industry Programs Branch (EIPB)
lations, sought to increase public safety, and provided guidance to the industry whenever possible. Carson's knowledge and experience will be missed, and we thank Explosives Technology Branch
Branch Chief
Kenneth C. Coffey
him for his hard work and dedication to ATF.
Arson and Explosives Enforcement Branch (AEEB)
Branch Chief
Gilbert C. Bartosh
2009 IME Spring Meeting
Visit ATF on the Web!
Working for a Sound and
A rson and Explosives Programs Division (AEPD)
Chief, Joe Riehl, EIPB Chief Deb Satkowiak, and Industry Liaison Bill O'Brien participated in the Institute of Makers of Explosives (IME) Spring Meeting held in LaJolla, CA in May 2009. IME meetings afford ATF an opportunity to interact face-to-face with IME's and floors may be up to 12 inches thick, and the tops of individual industry members.
these magazines are often covered with up to 2 feet of compacted earth. ATF regulations address this specific Chris Ronay, IME President, presents an award to Joe magazine construction and refer to it as an igloo or Riehl following his presentation to IME members. The "Army-type structure" in sections 555.207, 555.210 and award was presented in appreciation of ATF's continued partnership with IME. Igloo or Army-type structure magazines must meet all construction, locking, housekeeping and table of distance requirements found in 27 CFR Part 555. Although the DOD rates these magazines for a maximum capacity of 500,000 pounds of explosive materials, ATF regulations at 27 CFR 555.213 allow for a maximum capacity of only 300,000 pounds. Therefore, any licensee or permit-tee storing in excess of the 300,000 pounds must apply for a variance from the regulation.
Further, per section 555.207, masonry wall construc-tion must be at least 6 inches thick and interior walls should be constructed of, or covered with, a nonsparking material. ATF has held in ATF Ruling 75-21 that smooth concrete in DOD magazines is nonsparking and therefore does not need to be painted over or covered with a nonsparking material. However, it is incumbent upon the licensee or permittee to ensure that the magazine meets all Federal construction requirements before storing 2010 Explosives and
Licensees or permittees who purchase or lease an igloo or Army-type structure magazine should be aware that magazines built to older military standards may not meet the security requirements of the current Federal T he International Society of Explosives Engineers
(ISEE) Explosives and Blasting Regulatory Conference will be co-sponsored by the Bureau explosives regulations, If a particular Type-1 igloo or of Alcohol, Tobacco, Firearms and Explosives in Army-type structure magazine does not meet Federal Washington, D.C. in July 2010. The ISEE conference is guidelines, licensees or permittees may request a vari- held to provide information to individuals responsible ance from the Explosives Industry Programs Branch for enforcing or developing laws and regulations govern- (EIPB), through the local ATF office.
ing explosives and blasting. In addition to updating regulatory bodies on the use of commercial explosives, related industry technology, and safety and security, the Day Boxes
conference provides a forum for regulators to interact with industry to discuss issues, concerns and common problems. A TF conducts an annual review of all explosive
materials thefts that have occurred throughout Type-1 Igloo or "Army-
the nation. Through ATF's evaluation, explosives type Structure" Explosives
licensees and permittees who were victims of such thefts have indicated that many of these crimes, and their ac- companying financial loss, could have been avoided by ensuring their adherence to Federal explosives storage regulations. For example, in 2007, 16 detonators were sto- he United States Department of Defense (DOD) len from a day box left unattended overnight in a vehicle. has sold and/or leased "igloo" style magazines Federal explosives regulations at 27 CFR 555.203 allow to numerous Federal explosives licensees and for the temporary, attended storage of high explosives
permittees. Many of these igloo style magazines are in a type 3 magazine, also known as a "day-box". These constructed using rebar reinforced concrete. The walls magazines must be fire-resistant, weather-resistant, and theft-resistant. However, while 27 CFR 555.209 provides cases offer the same level of protection as a separate details concerning construction and locking requirements, barricade. However, Explosives Industry Programs using a proper lock may only protect a day-box from Branch (EIPB) will evaluate variance requests to evalu- unwanted entry. A proper lock will not prevent theft of the ate earthen-covered magazines as barricaded based on day-box itself. During inspections, ATF has discovered specific criteria, to include: (1) overall magazine con- explosives that were left in unattended day-boxes for days struction, (2) amount and type of earth covering, (3) or weeks at a time. Explosive materials may not be stored class, type, and maximum weight of explosives stored; unattended in type 3 magazines but must be removed to and (4) actual distances from inhabited buildings, type 1 or type 2 magazines for unattended storage. The highways, passenger railways, and other magazine.
practice of storing explosives in an unattended day-box ATF also receives inquiries about what constitutes "any is not only a violation of Federal explosives regulations, other approved" artificial barricade in the definition but it also exposes the day-box and the explosives stored at 27 CFR 555.11. To obtain a determination whether therein to theft and illegal use.
your current or proposed artificial barricade meets the requirements of the regulations, please forward your Tables of Distances
specific request and construction of such barricade to EIPB to seek guidance or approval. EIPB may be and Barricades
contacted at (202) 648-7120, or you may contact your local ATF Field office. Telephone numbers to each ATF Field Office can be found at http://www.atf.gov/contact/field.htm.
T he Federal explosive regulations require explosives
storage magazines to be located certain minimum distances from other magazines, inhabited build- ings, passenger railways, and public highways based on Recording Explosive
the quantity of explosive materials stored in each maga- zine. These tables of distances were adopted to protect the public in the event of a magazine explosion. Individuals have expressed confusion whether the edge or center of the higway should be used to determine compliance with Federal regulations at 27 CFR 555.123(d) require
licensed manufacturers who manufacture explosive the table of distances at 27 CFR 555.218.
materials for their own use to enter in a separate When determining the lawful distance between a record, not later than the close of the next business magazine containing high explosives and a highway, an day following the date of use: (1) the date of use; (2) individual should measure from the nearest edge of the the quantity (in applicable quantity units); and (3) a magazine to the nearest edge of the highway. However, description of the explosive materials used. This record this should not be confused with the means to ensure is separate and distinct from the disposition record proper barricading of a magazine. When evaluating requirements for explosive materials under 555.123(c). whether a magazine is properly barricaded from a However, licensed manufacturers are exempt from the highway; an individual must determine that a straight 555.123(d) recordkeeping requirement if the explosive line, from the top of any sidewall of the magazine to a materials are manufactured for the licensee's own use point 12 feet above the center of a highway, will pass and are used within a 24 hour period at the same site.
through the barricade.
Similarly, regulations at 27 CFR 555.124(c) require Additionally, ATF frequently receives questions regard- licensed dealers to record in a separate record any ing whether earthen-covered magazines are considered explosive materials used by the dealer, not later than the barricaded (as receptors) for table of distance purposes. close of the next business day following the date of use The regulation at 27 CFR 555.11 defines artificial by the dealer. This record must include: (1) the date of barricade as: "An artificial mound or revetted wall of use; (2) the name or brand name of the manufacturer and earth of a minimum thickness of three feet, or any other name of importer (if any); (3) the manufacturer's marks approved barricade that offers equivalent protection." of identification; (4) the quantity (in applicable quantity ATF does not consider earth covering a magazine to units); and (5) a description of the explosive materials meet the definition of a barricade. Whether a mound used. Licensees with questions about their particular covering a receptor magazine offers a level of protection recordkeeping requirements should contact their local equivalent to that of a free-standing barricade likely depends upon several factors discussed below. ATF is not satisfied that a mound covering a magazine would in all Black Powder Blanks
The explosives industry's increased emphasis on
improving explosive materials security through R ecently, ATF received inquiries regarding
whether black powder blanks, and transactions regulatory compliance and improved internal involving black powder used in manufac turing controls has resulted in a decrease in the number of black powder blanks, are regulated under Federal explo- explosive materials thefts over the past 5 years. However, sives laws. Black powder "blanks"—such as blanks used explosive materials thefts still occur and a cooperative in cowboy reenactments—are made with black powder effort is required on the part of ATF and the explosives instead of smokeless powder to create more realistic industry to track and recover the explosive materials to smoke effects. The Federal explosives laws at 18 U.S.C. prevent their illegal use. While ATF strives to work and § 845(a)(5) and the regulations at 27 CFR 555.141(b) consult with the explosives industry and its associations state that commercially manufactured black powder (1) in to ensure the safety and security of the public, secure quantities that do not exceed fifty pounds, and (2) that is explosive materials storage and accurate recordkeeping used solely for sporting, recreational, or cultural purposes are responsibilities of every Federal explosives licensee in antique firearms, is exempt from the regulations. and permittee. An analysis of violations disclosed during Black powder blanks are designed for use in modern inspections for the 2009 fiscal year revealed that 50 firearms, typically .45 caliber cartridges, and therefore do percent of the violations cited were for failure to comply not qualify for this exemption.
with recordkeeping requirements. Over half of these re- Under 18 U.S.C. § 845(a)(4), small arms ammunition cordkeeping violations were cited for failure to properly and components thereof are exempt from the Chapter maintain the Daily Summary of Magazine Transaction 40. While black powder alone does not constitute (DSMT) record. Storage violations accounted for 37 ammunition, black powder blanks used in small arms percent of the violations cited. Nearly 40 percent of these are considered small arms ammunition under the Federal storage violations were cited for improper magazine explosives laws. Therefore, an ATF license or permit is construction, and an additional 17 percent were cited not required to purchase black powder blanks.
for failure to meet housekeeping requirements under 27 CFR 555.215. Please objectively examine your storage This exemption, however, does not pertain to the premises and recordkeeping process to ensure you are purchase of black powder for the purpose of manu- in compliance with all Federal explosives regulations, facturing black powder blanks. Therefore, the receipt and to aid the law enforcement community with tracing of black powder for the manufacture of black powder explosive materials recovered after a theft.
ammunition, including the manufacture of black powder blanks, is subject to the regulations of 27 CFR Part 555. Individuals or companies that wish to acquire black Explosives Violations During
powder to assemble black powder blank cartridges must possess an ATF explosives license or permit. Any black powder acquired must be stored in accordance with 27 CFR 555 Subpart K.
T he regulations at 27 CFR 555.215 require that,
"when any explosive material has deteriorated it is to be destroyed in accordance with the advice or instructions of the manufacturer." The term "dete-riorated" in this regulation refers to explosive materials that have become dangerous or unstable by virtue of the deterioration of the explosive materials or the immediate bag, cartridge, shell, or whatever is used to contain the explosive materials. Examples of deteriorated explosive materials include: • Dynamite that is leaking nitroglycerin or forming salt Proprietors must properly account for all stored explosive materials, including those in a deteriorated • The interior components of a fireworks shell or device condition and awaiting destruction, in the records of rendered unstable by moisture or the formation of salt acquisition and disposition and the daily summary of magazine transactions. ATF recommends that any pro-prietor storing deteriorated explosive materials package • A pyrotechnic item whose outer casing has deteriorated them in cartons or boxes, as appropriate, and note on the due to moisture or age and no longer has the physical container the explosive materials contained therein and characteristics necessary for proper functioning. the date on which they were placed in the container.
In contrast, a shell or device whose outer casing or lift package is leaking pyrotechnic material due to damage Keep in mind that the housekeeping regulations at 27 or a manufacturing defect is not considered dangerous if CFR 555.215 and this interpretation pertain to explosive properly stored for timely repair in a closed container and materials in storage under ATF's jurisdiction. State in such a manner that pyrotechnic material does not leak and local agencies and other Federal agencies—such from that container. as the U.S. Department of Transportation and the Environmental Protection Agency—may have separate Explosive material that has failed to ignite or detonate, requirements governing the transportation, storage, and and is placed in a secure container in a magazine for destruction of deteriorated explosive materials. storage until it can be destroyed, repaired, or refurbished, generally is not considered deteriorated unless it is also in Finally, if the manufacturer of the deteriorated explosive a dangerous or unstable state. Therefore, a proprietor may materials is no longer in business, or if a licensee or place a broken stick of emulsion (or other stable product) permittee cannot determine the origins of the deterio- in a closed, non-spark producing container in a magazine rated explosive materials, contact ATF or other local until he or she can safely destroy and dispose of it. authorities. Under no circumstances should a licensee Similarly, a "dud," defective, or damaged fireworks article or permittee attempt to destroy deteriorated explosive that poses no danger, may be stored in a closed container materials without first contacting the manufacturer or while awaiting destruction, repair, or refurbishing. In con- other knowledgeable authorities. ATF also encourages trast, a detonator that fails to function generally requires proprietors dealing with deteriorated explosive materi- expeditious destruction or return to the manufacturer, als to contact their industry associations for further and should be stored in a closed, non-spark producing container only as long as necessary before destroying or returning the detonator to the manufacturer.
U.S. Department of Defense
The Federal regulations do not provide specific time requirements for the destruction of deteriorated explosive Exemption Application to
materials. In general, a proprietor may take a reason- able amount of time to make arrangements for either the destruction of deteriorated explosive materials or retrieval of deteriorated explosive materials by a Federal explosives licensee or permittee contracted to dispose of A TF often receives inquiries regarding the
application of the Federal explosives regula- deteriorated explosive materials. Please note that some tions to operations involving the U.S. Depart- deteriorated explosive materials—such as the dynamite ment of Defense (DOD). Typically, the questions pertain described above—may present an extreme safety hazard to contracts at current or former DOD sites, e.g., demili- and should be destroyed as soon as possible. Such tarization of DOD munitions.
hazardous deteriorated explosive materials should only be moved or handled by qualified persons specifically The regulations at 27 CFR 555.141(a)(3) and 555.141(a) trained to handle such materials. When storing dete- (6) contain exemptions for certain explosives operations riorated explosive materials, the licensee or permittee as they pertain to U.S. Government agencies, including proprietor should be prepared to demonstrate to ATF that DOD components. ATF generally interprets the exemp- they are taking the appropriate steps to safely remove and tions to extend to work performed under the scope of destroy the materials. For example, the proprietor should DOD contracts, with some exceptions depending upon be able to show that he or she has contacted a contractor the nature and scope of the operations. This article will to properly destroy the deteriorated explosive materials, explore some examples of activities that may or may not or specify when the deteriorated explosive materials will be exempt under ATF regulations.
be destroyed at a blast site, if appropriate.
The U.S. Army Corps of Engineers (USACE) frequently To ensure that the tables of distances can be properly provides oversight of the remediation or clean-up of applied to ATF-regulated materials, regulated com- sites previously used for the manufacture, storage and mercial use explosive materials should be segregated testing of military explosive materials. The USACE often from unregulated DOD-owned or contracted explosive contracts with private companies to perform much of the materials to the greatest extent possible, and the weights explosives-oriented work in these efforts, e.g., soil reme- of the commercial explosive materials should be avail- diation, location and destruction of munitions from a test able for examination.
range, or removal and destruction of explosive materials The USACE generally requires as a condition of a from processing buildings. Generally, work performed remediation or demilitarization contract that a company pursuant to such a contract is exempt from ATF regula- obtain a Federal explosives license or permit from ATF tion provided that all work performed is on behalf of even if the contracted operations are exempt from the the USACE or another DOD component. However, the regulations at 27 CFR Part 555. It is common practice company performing the work on behalf of the USACE for ATF to issue such licenses or permits, provided the or DOD component may still need a Federal explosives company qualifies under the provisions found at 27 license or permit for activities performed outside of the CFR Part 555, Subpart D. The issuance of a Federal U.S. Government contract.
explosives license or permit in these contract situations DOD often contracts with companies to perform "de- does not necessarily affect the exemptions discussed militarization" operations on certain military munitions, above. Rather, the specific circumstances surrounding e.g., disassembling a certain type of exploding missile each contract situation determine whether a company's projectile. The contract may require that the company activities related to DOD remediation or demilitariza- remove the high explosive materials from each projectile. tion fall under ATF regulation. Individuals with ques- The contract may also stipulate that the explosive materi- tions regarding their specific situations may contact ATF als must be destroyed or stored for further use by DOD. Explosives Industry Programs Branch at (202) 648-7120 Since all work in this scenario is performed on behalf or [email protected].
of DOD, and ownership of the materials is retained by DOD, the work performed pursuant to the contract would be exempt from ATF regulation. Storage of Exempt Explosive
In contrast, some contracts may allow the contractor to Materials in Magazines
retain the extracted explosive materials for their own use, for use in further manufacture, or for sale in commerce. In such a case, ownership of the explosive materials typically passes from DOD to the private company. ATF A TF recently received inquiries regarding the
storage of exempted explosive materials in the generally considers this acquisition and any further ac- same magazine where regulated explosive tivities involving the explosive materials to be regulated materials are stored. by 27 CFR Part 555. Pursuant to 27 CFR 555.141, ATF exempts certain Similarly, companies contracting with DOD are explosive materials that include but are not limited to: regulated if they also perform separate commercial consumer fireworks, articles pyrotechnic, and other operations. For example, a company may contract with explosive materials under the control of the Federal, DOD to manufacture certain materials. Additionally, State and local government agencies, such as the the company manufactures explosive materials for the Department of Defense. Each specific exemption listed commercial market. The regulations at 27 CFR Part 555 at 27 CFR 555.141 identifies not only the exempted apply to the company's commercial explosive materials explosive materials, but also the related operations that activities. Moreover, storage of commercial explosive are exempt from the Federal explosive regulations. For materials not for use in conjunction with a DOD contract example, the importation, distribution, and storage of is subject to ATF regulation and inspection, even if the fireworks generally known as consumer fireworks and explosive materials are stored in the same magazine as, articles pyrotechnic are exempt from the ATF explosives and in close proximity to, DOD explosive materials that regulations. The transportation, shipment, receipt, or are not regulated by ATF. Explosive materials for use in importation of explosive materials for delivery to any conjunction with a DOD contract, when stored with ATF agency of the United States or to any State or its political regulated explosive materials, are not included in the subdivision is exempt. However, State and local entities total explosive weight within the magazine when deter- are still required to store their explosive materials in mining table of distance requirements under Subpart K. accordance with the Federal explosives regulations. Generally, when regulated explosive materials are stored in the same magazine with exempt explosive Orange Book Errata
materials, only the net explosive weight (NEW) of the regulated explosive materials is taken into account when determining compliance with the tables of distances specified in 27 CFR 555.206. For example, an indi- T he July 2009 printing of ATF Publication 5400.7,
ATF Federal Explosives Law and Regulations vidual storing display fireworks in the same magazine (the "Orange Book"), contained several misprints with exempted consumer fireworks is only required to concerning the locking requirements found in 27 CFR, determine the NEW of the regulated display fireworks.
Subpart K, on pages 49 through 52. The misprints affect the locking requirements found at 27 CFR 555.207(a) Explosive materials exempt from ATF storage regula- (9), 555.208(a)(4) and (b)(4), 555.209, 555.210(a)(4) tions are not required to be stored in an ATF approved and (b)(4), and 555.211(a)(4) and (b)(4). In all instances, magazine. However, ATF encourages individuals and the "a inch" shackle diameter requirement was errone- companies in possession of exempt explosive materials ously printed as "a-inch." Padlocks must have a case- to secure them inside an ATF approved magazine to hardened shackle of at least a″ diameter. We will correct better ensure their safety and security. the publication for future distributions. Anyone who has Further, although there are no regulatory requirements the misprinted edition should be aware of this error and to separate regulated and exempted explosive materials make corrections accordingly.
stored in the same magazine, ATF strongly recommends that exempted explosive materials be segregated and/or clearly marked to ensure no impediment during an ATF inspection and to provide the best accountability of regulated explosive materials. Explosive materials that are not exempt from Federal explosives regulations will be factored into the total NEW for a storage magazine. Finally, industry members shall continue to comply with the housekeeping requirements specified at 27 CFR 555.215 and ensure that magazines are kept clean, dry, free of grit, paper, empty packages and containers, and rubbish. Notice of Errata
T he Explosives Industry Newsletter, June 2009
edition, contained an error in the Change of Control article on page 7. The article stated that "renewal applications must contain an originally signed EPQ for all current employee possessors and responsible persons, otherwise they will be ‘deactivated' by the Federal Explosives Licensing Center." This statement is incorrect because responsible persons do not submit EPQs (Employee Possessor Questionnaires). An EPQ must be submitted for all employee possessors at each renewal. In addition, all responsible persons must be appropriately listed under item number 11–Responsible Person List on the renewal application because those responsible persons who are not listed—and those employee possessors for whom documents are not submitted with the renewal—will be deactivated by the Federal Explosives Licensing Center.
The Explosives Industry Newsletter is now available online and is no longer distributed to licensees and permittees in "hard copy" format unless specifically requested. Current and previous issues of the newsletter are available on-line at http://www.atf.gov/publications/newsletters/. Licensees and permittees are encouraged to use ATF's new email update subscription service to receive notice whenever a new newsletter is posted to the ATF site at www.atf.gov.
To receive email notices whenever new Explosives Industry Newsletters are posted to the ATF website, licensees and permittees should go to http://www.atf.gov/publications/newsletters/, click on the Receive Explosives Industry News-letter Updates link and complete the requested e-mail and preference information.
Licensees and permittees who do not have Internet access, or who otherwise wish to continue receiving the newsletter by mail, must write to the ATF Distribution Center, 1519 Cabin Branch Dr., Cheverly MD 20785 and ask to be placed on the mailing list for the ATF Explosives Industry Newsletter, ATF M 5400.3.
Phone No.: (optional) U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives Federal Explosives Licensing Center POSTAGE & FEES PAID ALCOHOL, TOBACCO AND Martinsburg, West Virginia 25405

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