underground transportation, but is not applicable to transportation of explosives or ingredients within the jurisdiction of the Interstate Commerce Commission.

(2) Provision for emergency storage. Every person who holds a manufacturer's, vendor's or purchaser's license and who engages in an occupation in which explosives are regularly handled or used (even though the licensee does not contemplate that the amount of explosives in his possession on any one day will exceed his requirements for that day) shall, in order to guard against emergencies requiring the immediate or overnight storage of explosives, provide or have readily available at or near the place where such operations are carried on, a magazine complying with the standards set forth in the regulations in this part.

(e) Access to magazines—(1) General requirements. Except as hereinafter provided:

(i) No person, as employee, agent, independent contractor or otherwise, shall enter a permanent magazine or open a box-type magazine in which explosives are stored unless such person is individually licensed under the act or is accompanied by a person so licensed;

(ii) No licensee shall permit any person, whether as employee, agent, independent contractor or otherwise, to enter a permanent magazine or open a box-type magazine in which the licensee's explosives are stored unless such person is individually licensed under the act or is accompanied by a person so licensed;

(iii) No person, as employee, agent, independent contractor or otherwise, shall have in his possession a key or a copy of the combination to a lock on a magazine in which explosives are stored unless such person is individually

licensed under the act;

(iv) No licensee shall permit any person, whether as employee, agent, independent contractor or otherwise, to have a key or knowledge of the combination to a lock on a magazine in which explosives are stored unless such person is individually licensed under the act. (2) Exceptions. The provisions this paragraph shall not apply:

of

(i) To containers which hold only the daily supply of explosives issued by a properly licensed person,

(ii) To magazines located at explosives manufacturing plants where the prem

ises on which the magazines are located are fenced or otherwise effectively guarded, or

(iii) To explosives investigators and other designated officers of the Bureau of Mines or Federal, State or local law enforcement officers or investigators, who are authorized to inspect places where explosives or explosives ingredients are stored.

[9 F. R. 3006, Mar. 21, 1944, as amended at 9 F. R. 4131, Apr. 19, 1944. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

§ 1301.25 Storage of high explosives.

(a) High explosives in amounts exceeding 125 pounds. All high explosives in amounts exceeding 125 pounds shall be stored in permanent magazines which are theft-resistant, fire-resistant and

bullet-resistant.

(1) Construction of permanent magazines. Permanent magazines shall be of a building type, an igloo or army type, a portable type, or a tunnel or dugout type, whether located on or exposed to the surface or underground.

(i) Walls of building-type magazines shall be substantially constructed of theft- and bullet-resistant materials. Walls shall meet the following standards or be constructed of other materials in a manner which will make them at least equally theft- and bullet-resistant:

(a) Solid construction, not less than 6 inches in thickness, of materials such as concrete, masonry, medium soft brick or wood; or

(b) Filled construction, such as concrete blocks with the cells filled with screened sand, weak concrete, cement mortar or other effective bullet-resistant filler; or exterior and interior wooden walls not less than 6 inches apart with the space between filled with screened sand, weak concrete, cement mortar or other effective bullet-resistant filler, and the exterior walls covered with sheet iron not lighter than No. 26 gauge, or other fireresistant material; or

(c) Lined construction, such as steel plate not lighter than No. 14 gauge, lined with weak concrete, cement mortar, brick, or screened sand not less than 6 inches in thickness, or with hard wood not less than 2 inches in thickness, or with soft wood not less than 3 inches in thickness.

(ii) The same standards shall govern the construction of any artificial enclosing wall for tunnel- or dugout-type magazines on or exposed to the surface

of the ground. Any artificial enclosing wall for permanent underground magazines shall be substantially constructed of wood not less than 2 inches in thickness or of other material of equivalent or greater strength.

(iii) Foundations of building-type magazines shall be substantially constructed, and any space between the floor and the ground shall be enclosed in such a manner as to prevent the entrance of persons, animals, sparks and firebrands.

(iv) Roofs of building-type magazines shall be fire resistant and substantially constructed to resist theft, as for example, by 34-inch sheathing covered with sheet iron or slate. Roofs not constructed of fireproof material shall be covered with sheet iron not lighter than No. 26 gauge or other fire-resistant material. The roofs of magazines so located that it is possible to fire bullets directly through the roof into the explosives shall be made bullet-resistant by material of construction, or by a ceiling that forms a tray containing not less than a 4-inch thickness of sand or other equally effective bullet-resistant filler erected in the interior of the magazine, or by other methods.

(v) Doors of magazines on or exposed to the surface of the ground shall be constructed of %-inch steel plate lined with a 2-inch thickness of wood; or of a thinner steel plate with a greater thickness of wood, at the rate of one additional inch of wood for each 1⁄4-inch decrease in the thickness of the steel plate; or of wooden walls at least 4 inches apart and filled with screened sand or other effective bullet-resistant filler, the exterior being covered with sheet iron not lighter than No. 26 gauge, or other fire-resistant material; or of wood not less than 6 inches in thickness; or of reinforced concrete not less than 4 inches in thickness. Doors of magazines located underground shall be substantially constructed of wood not less than 2 inches in thickness or of other material of equivalent or greater strength.

(vi) Doors of all permanent magazines shall be equipped with two mortise locks; or with two padlocks fastened in separate hasps and staples; or with a combination of a mortise lock and a padlock; or with a mortise lock that requires two keys to open; or with a 3-point lock. Padlocks and mortise locks shall be the equivalent of 5-tumbler jarproof locks. Doors shall be provided with strong hinges, hasps and staples attached by

welds, rivets, or by bolts fitted with lockwashers and nuts on the inside of the magazine and installed in such a manner that the fastening cannot be removed when the magazine is locked.

(vii) Magazines shall have no openings except for entrance and ventilation. Foundation vents shall be of an offset type construction, and all vents shall be effectively protected with metal screening or otherwise constructed to prevent the entrance of persons, animals, sparks, firebrands or the direct penetration of bullets which can detonate the explosives.

(2) Marking of premises. The premises on which a permanent magazine is located shall be conspicuously marked by signs containing the words "Explosives— Keep Off." Such signs shall adequately warn any person approaching the magazine of the presence of explosives but the signs shall not be so placed as to direct general public attention to the location of the magazine. No signs shall be placed on surface magazines or barricades or be so located that a bullet passing directly through the face of a sign will strike the magazine.

(b) High explosives in amounts not exceeding 125 pounds. High explosives in amounts of 125 pounds or less may be stored in permanent magazines complying with the standards set forth in paragraph (a) of this section, including subparagraphs (1) and (2). If not so stored, such high explosives shall be stored in box-type magazines which are theft-resistant.

(1) Construction of box-type magazines. Box-type magazines shall be strongly constructed of 2-inch hard wood or of 3-inch soft wood or other equally theft-resistant material. Any metal magazine shall be lined with a nonsparking material. Doors or lids shall be provided with strong hinges, hasps and staples attached by welds, rivets, or by bolts fitted with lockwashers and nuts on the interior of the magazine and installed in such a manner that the fastening cannot be removed when the magazine is locked. Box-type magazines shall be equipped with at least one lock equivalent to a 5-tumbler jarproof lock.

(2) Location of box-type magazines. Box-type magazines, when located outside a building, shall be securely anchored. No magazine shall be placed in a building containing oil, grease, gasoline, waste paper or other highly inflammable materials nor shall a magazine be placed less than 20 feet from a stove or

furnace or open fire or flame, or less than 5 feet from other sources of external heat.

(3) Marking of magazines. Box-type magazines shall be painted red or another distinctive color and clearly and conspicuously marked "Explosives."

[9 F. R. 3007, Mar. 21, 1944. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

§ 1301.26 Storage of low explosives.

(a) Low explosives in amounts exceeding 125 pounds. All low explosives in amounts exceeding 125 pounds shall be stored in permanent magazines complying with all of the standards set forth in § 1301.25 (a) including subparagraphs (1) and (2), except that permanent magazines for the storage of low explosives need not be bullet-resistant. Any metal magazine shall be lined with a nonsparking material.

(b) Low explosives in amounts not exceeding 125 pounds. All low explosives in amounts of 125 pounds or less may be stored in permanent magazines complying with the standards set forth in § 1301.25 (a) or paragraph (a) of this section. If not so stored, such low explosives shall be stored in box-type magazines complying with all of the standards set forth in § 1301.25 (b) including subparagraphs (1), (2) and (3). [9 F. R. 3008, Mar. 21, 1944. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

§ 1301.27 Storage of detonators.

(a) Detonators in numbers of 1,000 000 or more. All detonators in numbers of 1,000,000 or more shall be stored in permanent magazines complying with all of the standards set forth in § 1301.25 (a), including subparagraphs (1) and (2).

(b) Detonators in numbers of more than 5,000 and less than 1,000,000. All detonators in numbers of more than 5,000 but less than 1,000,000 shall be stored in permanent magazines complying with all of the standards set forth in § 1301.25 (a), including subparagraphs (1) and (2), except that permanent magazines for the storage of detonators need not be bullet-resistant. Any metal magazine shall be lined with a non-sparking material.

(c) Detonators in numbers of 5,000 or less. All detonators in numbers of 5,000 or less may be stored in permanent magazines as above indicated. If not so stored, such detonators shall be stored in box

36-078-70- -6

type magazines complying with all of the standards set forth in § 1301.25 (b), including subparagraphs (1), (2) and (3).

(d) Storage with other explosives. No detonator shall be stored in any magazine containing high or low explosives or blasting device heaters.

[9 F. R. 3008, Mar. 21, 1944. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

§ 1301.28 Storage of fuse.

Fuse may be stored in permanent magazines or in box-type magazines together with high or low explosives or detonators. If not so stored, fuse shall be stored in locked containers, locked rooms, or otherwise adequately protected against theft.

[9 F. R. 3008, Mar. 21, 1944. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

§ 1301.29 Storage of explosives ingredients.

(a) Explosives ingredients generally. Except as provided in paragraph (b) of this section, explosives ingredients shall be stored in permanent magazines, box-type magazines, locked containers, locked rooms, or locked buildings, or shall be otherwise adequately protected against theft.

(b) Blasting device heaters-(1) Blasting device heaters in total weights exceeding 125 pounds. All blasting device heaters containing ingredients of explosives, when the total weight of such heaters exceeds 125 pounds, shall be stored in permanent magazines complying with all of the standards set forth in § 1301.25 (a), including subparagraphs (1) and (2), except that permanent magazines for the storage of blasting device heaters need not be bullet-resistant. Any metal magazine shall be lined with a non-sparking material.

(2) Blasting device heaters in total weights not exceeding 125 pounds. All blasting device heaters containing ingredients of explosives, when the total weight of such heaters is 125 pounds or less, may be stored in permanent magazines, as above indicated. When not so stored, such blasting device heaters shall be stored in box-type magazines complying with all of the standards set forth in § 1301.25 (b), including subparagraphs (1), (2), and (3).

(3) Storage with explosives. No blasting device heaters shall be stored in any magazine containing high or low explosives or detonators.

[9 F. R. 3008, Mar. 21, 1944. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

§ 1301.30 Modification of storage and handling requirements.

In

(a) Grounds for modification. unusual circumstances when compliance with any requirement of §§ 1301.241301.29 is physically impractical, prohibitively expensive or for any reason not feasible, the requirement may be suspended or modified by the procedure set forth in paragraph (b) of this section:

(1) When the method of storing or handling explosives or explosives ingredients affords a measure of safety and protection to explosives or explosives ingredients equivalent to that provided by the standards described in the regulations in this part; or

(2) When the method of storing or handling explosives or explosives ingredients, in the particular circumstances, affords the greatest feasible measure of safety and protection to such explosives or explosives ingredients; or

(3) When, in the judgment of the Director, other good and sufficient reasons justify relaxation of any requirement and the safety or security of persons or of buildings, railroads, highways, underground workings, or other property is not thereby unduly threatened or impaired.

(b) Procedure for modification. Any licensee may request suspension or modification of any requirement of §§ 1301.241301.29. Such request should be made in writing, and should clearly indicate, in the light of the provisions of paragraph (a) of this section, the nature of the request and the reasons therefor. The request should be addressed to the Explosives Control Branch, Bureau of Mines, Washington 25, D. C. The licensee will be notified in writing if the request is granted in whole or in part. If any licenseee, after having possession of a copy of §§ 1301.24-1301.29 or notice of their provisions, fails to request suspension or modification of any requirement of such

regulations, or fails to make such a request within 5 days after being informed by a representative of the Bureau of Mines of his noncompliance with any requirement of §§ 1301.24-1301.29, he shall be subject to all of the penalties for the violation of the regulations in this part.

[9 F. R. 3008, Mar. 21, 1944. Redesignated at 14 F. R. 5021, Aug. 13, 1949]

PART 1302-GENERAL LICENSE
PERTAINING TO EXPLOSIVES

§ 1302.1 General License No. 8 pertaining to explosives and ingredients.

A general license is hereby granted under the Federal Explosives Act of December 26, 1941, as amended, to any person as defined in the act and regulations, who is not otherwise prohibited by law or by regulation or by proclamation of the Secretary of Defense, the Attorney General, or any other Federal agency from doing so, to manufacture, distribute, possess, purchase, accept, receive, acquire, store, sell, issue, or otherwise dispose of and use explosives and ingredients, as defined in the act and regulations.

This general license relieves persons covered by it from the duty of applying for and securing licenses under the Federal Explosives Act and the regulations.

The authority of licensing agents under the Federal Explosives Act and regulations to issue licenses is hereby suspended until this general license shall have expired.

This general license shall expire when revoked by the Director of the Bureau of Mines or when the Federal Explosives Act and the regulations are of no further force or effect, whichever happens first. (Sec. 18, 40 Stat. 388, as amended; 50 U. S. C. 140) [10 F. R. 12627, Oct. 9, 1945. Redesignated at 13 F. R. 6538, Nov. 5, 1948 and at 14 F. R. 5021, Aug. 13, 1949]