(i) Samples of representative items purchased by the Center;

(ii) Current DSA invitations for bid and requests for proposals, arranged by two-digit FSC groups;

(iii) The "Commerce Business Daily";

(iv) Brochures and pamphlets related to doing business with DSA, and other Government agencies; and

(v) Other pertinent material of assistance to an inquiring businessman. [34 F.R. 17290, Oct. 24, 1969]

(a) The terms "act" or "Federal Explosives Act" mean that certain act of October 6, 1917 (40 Stat. 385), as amended by the act of December 26, 1941 (55 Stat. 863; 50 U.S.C. 121-142).

(b) The terms "explosive" and "explosives" mean any of the following chemical compounds or mechanical mixtures:

Amatol (mixture of ammonium nitrate and trinitrotoluene).

Ammonal (mixture of ammonium nitrate, trinitrotoluene, and powdered aluminum, with or without other ingredients).

Azides.

Black powder-all forms (except in completely assembled cartridges for small arms or shotguns).

Caps, blasting (fuse and electric types), detonating-all classes except percussion

caps and small arms primers.

Detonators.

Dynamites.

Fulminates.

Fuse of all varieties, used in connection with setting off explosives.

Guncotton (see "nitrocellulose"). Gunpowder and gunpowder mixtures (except in completely assembled cartridges for small arms or shotguns). Hexanitrodiphenylamine (dipicrylamine, hexamine).

Nitrocellulose exceeding 12.2 percent nitrogen. Nitroglucose.

Nitroglycerin (except in pharmacopoeia solution, or in form of pills, or granules, containing not more than one-fiftieth of a grain each, for pharmaceutical purposes). Nitroglycol (dinitroglycol, ethyleneglycol dinitrate).

Nitromannite (mannitolhexanitrate, except

in form of pills or granules containing not over three-fourths of a grain each of nitromannite, for pharmaceutical purposes). Nitrostarch.

Tetranitroaniline (TNA).

Tetranitronaphthalene.

Trimethylenetrinitramine (hexogen, T., cy

clonite).

Trinitroanisol (methyl picrate, trinitrophenylmethyl ether).

Trinitrocresol (crysylite).
Trinitrotoluene (triton, TNT).
Trinitroxylene (TNX).

(c) The terms "ingredient" and "ingredients" mean any of the following chemicals (except in tablet, capsule or liquid form for medicinal purposes): Chlorates:

Ammonium.
Barium.

Potassium.

Sodium. Liquid air.

Liquid oxygen.
Nitrates:

Ammonium.
Potassium.

Sodium.

Perchlorates:

Perchloric acid and salts. Phosphorus.

(d) The term "person" shall include executive departments, independent establishments, and other agencies of the United States, the District of Columbia, Territories, and insular possessions of the United States, States, and municipalities and other political subdivisions thereof; and individuals, partnerships, associations, societies, and corporations.

(e) The term "Director" means the Director of the Bureau of Mines.

(f) The term "Licensing Agent" means a person authorized to administer oaths who has been designated by the Director and authorized to issue certain licenses in accordance with the act and regulations.

(g) The term "Explosives Investigator" means an employee of the Bureau of Mines authorized by the Director to investigate compliance with the act and the causes of explosions and fires in all places in which explosives are manufactured, transported, stored or used or in which there is reason to believe explosives were involved.

(h) The term "regional officer" means any supervising engineer or any engineer in charge at any district or subdistrict office, respectively, of the Health and Safety Division of the Bureau of Mines.

(i) The term "foreman" means any employee whose duties include the sale or issuance of explosives or ingredients

for and on behalf of his employer to other employees, agents, or independent contractors of his employer.

[7 F.R. 305, Jan. 16, 1942 as amended at 9 FR. 4130, Apr. 19, 1944; 9 FR. 4384, Apr. 25, 1944; 9 F.R. 13835, Nov. 21, 1944. Redesignated at 14 F.R. 5021, Aug. 13, 1949]

§ 1301.3 Application of act and regulations; exceptions.

The act and regulations require the licensing of all persons and establishments for operations relating to explosives or ingredients, with the following exceptions:

(a) Persons and operations excepted— (1) Military and naval services and the Federal Bureau of Investigation. No license is required for the manufacture, distribution, storage, sale, purchase, possession, handling or use of explosives or ingredients by the military or naval services of the United States or the Federal Bureau of Investigation.

(2) Operations for military and related purposes. No license is required for arsenals, navy yards, depots, or other establishments owned by the United States and operated by or on behalf of the National Military Establishment. This exception includes all operations within such establishments and all purchases and shipments which are covered by Government bills of lading addressed to or shipped by officers of the military or naval services at such establishments. A license is required for private operators of such establishments who purchase explosives or ingredients for shipment or who ship on other than Government bills of lading. A license is also required for persons who manufacture explosives under the authority of the United States for, or sell explosives to, the military or naval services of the United States or the Federal Bureau of Investigation. However, no license applied for by such private operator or other person shall be denied or revoked in so far as the license is needed for the operations of arsenals, navy yards, depots or other establishments owned by the United States and operated by or on behalf of the National Military Establishment, or in so far as a license covers the manufacture under the authority of the United States of explosives for, or their sale to, the military or naval services or the Federal Bureau of Investigation. Applicants for licenses and licensees shall not be required to disclose information relating to the operations of the above-described estab

lishments or to the character and quantity of explosives manufactured under the authority of, or sold to, the military or naval services or the Federal Bureau of Investigation but shall comply with all other requirements of the act and regulations and shall be subject to the criminal penalties of the act for violations of the act or regulations.

(3) Employees dealing with foreman. Employees may purchase or accept explosives or ingredients for use in the operations of their employer from another employee of their employer licensed as a foreman, without themselves obtaining licenses.

(4) Exportation and importation. No license under the Federal Explosives Act is required for the exportation or importation of explosives or ingredients, license for which is required under the provisions of the following statutes, or under any proclamation or regulation issued pursuant thereto: Act of January 31, 1922 (42 Stat. 361), prohibiting unrestricted export of arms to certain countries where domestic violence occurs; the Neutrality Act of November 4, 1939 (54 Stat. 4); and the National Defense Act of July 2, 1940 (54 Stat. 712). However, persons who export or import explosives or ingredients under the above statutes must keep a record of such transactions, which shall include the quantity and description of the explosives and ingredients, the dates of shipment and delivery, the name of the vessel used, the name and address of the consignee, consignor, vendor, purchaser, carrier, and other interested parties. This record shall be retained by the exporter or importer until called for by the Director, or until one year after the termination of the present war, and shall be open for inspection at all times by the Director or his authorized representatives. No license under the Federal Explosives Act is required for the exportation of explosives or ingredients which constitute defense articles within the meaning of section 2 of the Lend-Lease Act of March 11, 1941 (55 Stat. 31), and which under the authority of section 3 (a) (2) of that act have been disposed of to the government of any country whose defense the President deems vital to the defense of the United States.

(b) Explosives and ingredients excepted (1) Ingredients in small quantities. Ingredients in small quantities and not used or intended to be used in the manufacture of explosives. The