Overview of ATF Explosives Regulations - Directrouter.com

Things You Should Know AboutATF Inspections• Generally conducted during business hours• Usually unannounced• Can be during any time of year• May last from a couple of hours to a week ormore• Often involve more than one inspector

LICENSING• License vs. Permit• Manufacturer - License• Importer - License• Dealer - License• User - PermitLicense - $200/$100Permit - $100/$50Limited Permit - $25/$12• Employee Possessors and Responsible PersonsMust submit:EP QuestionnaireNo fingerprint cards or photosMust submit:Basic informationPhotographFingerprints

LICENSING• Employee possessor: An individual who:– (1) is employed by the licensee or permittee, and– (2) has actual or constructive possession of explosivematerials during the course of their employment• Responsible Person: An individual who:has the power to direct management and policies of– has the power to direct management and policies ofthe applicant pertaining to explosive materials.

KEEP IN MIND• EP status cannot be transferred betweencompanies.• EP must be a direct employee of the companyholding a license or permit.• EP’s should also include those supervisingemployees who are handling explosives(constructive possession).

KEEP IN MIND• An EP or RP must be physically present at theexplosives removal location; and• Must directly supervise any non-EP/RPs (e.g.subcontractors on site)• EIPB is currently establishing guidance on whoshould be considered an “employee”.

EXEMPTIONS• U.S. Military & Federal agencies (includescontractors and subcontractors under contract)• State agencies: transportation, shipment,receipt, and importation (does not includestorage)• Transportation regulated by U.S. DOT

•IDENTIFICATION•WALK THROUGH•WORKSPACE•RP PRESENT FORQUESTIONS?

INVENTORY•EXPECT A FULL INVENTORY•EVERY MAGAZINE•HELP WITH THE INVENTORY•PROVIDE A PRINTOUT OF YOURINVENTORY (if possible)

EXPLOSIVES MUST BE IN AMAGAZINE EXCEPT:ManufacturingPhysicallyhandled inoperatingprocessBeing usedBeingtransported

STORAGEAPPLIES TO ALL PERSONS•LOCKS• HINGES/HASPS• EXTERIOR• INTERIOR• CLEAN• VOLATILEMATERIAL• DRYGRASS/BRUSH• INHABITEDBUILDINGS• PUBLIC HIGHWAYS• PASSENGERRAILWAYS• MAGAZINESCONSTRUCTION HOUSEKEEPING DISTANCESNEW MAGAZINES?OFF SITE STORAGE?

RECORDSACQUISITION, IMPORTATIONOR MANUFACTUREDAILY SUMMARY ofMAGAZINE SUMMARY (DSMT)DISPOSITION OR USEDISPOSITION OR USE(INCLUDING EXPORT)

TRACEABILITY• Must account for each explosive product• Includes returns, misfires, duds, etc.• Daily summary of magazine transactions– Removed from magazine– Received into the magazine– Daily total of all products

THEFT OR LOSS OFEXPLOSIVES• Report theft or loss within 24 hours of discovery• Call ATF and submit Theft/Loss Report• Notify local authorities• Penalties for failure to report theft include a$10,000 fine, imprisonment for not more that 5years, or both

CONDUCT OF BUSINESS

CONDUCT OF BUSINESSMARKS OF IDENTIFICATION• Manufacturers• ImportersDELIVERY BY CONTRACT OR COMMONCARRIER• Name of carrier• Name of driver

CLOSING CONFERENCE•VIOLATIONSDOCUMENTED•CORRECTIVE ACTION•FOLLOW-UPVERIFICATION•REGULATIONS REVIEW

Safety and Security BookletATF P 5400.15• Tips, techniques, andtools for properlysecuring explosivematerials-voluntaryl t• Contact t information• Sample explosiverecords

SUGGESTIONS• Establish a contact within local ATF office.• Call ATF before you have a problem.• Frequent inventory verifications.• Educate your employees about theregulations and rulings.• Organize records in separate files.• Review security at premises.

Website Update Noticeswww.atf.gov• Updated d website-we are looking for feedback.• Receive email notices when new explosives information is postedto the ATF siteATF Explosives Industry NewsletterReceive FEL Newsletter UpdatesExplosives Industry NewsReceive Explosives Industry News UpdatesATF Open Letters and Important Interpretation LettersReceive Open Letter Updates

Newsletter InformationNo longer be distributed in “hard copy”format unless specifically requestedTo continue receiving a copy of thenewsletter by mail, write to the ATF Distribution ib ti Center,1519 Cabin Branch Drive, Landover, MD 20785-3816, andask for ATF M 5400.3, ATF Explosives Industry NewsletterCurrent and previous issues of the newsletter areavailable on-line athttp://www.atf.gov/explarson/newsletter/index.htm

Industry Resources• Local ATF field offices www.atf.gov/field/index.htm• Explosives Industry Programs Branch (EIPB)EIPB e-mail address: EIPB@atf.govEIPB phone number: (202) 648-7120• Mike O’Lena Bill O’BrienExplosives Program Manager Explosives Industry LiaisonEmail: michael.o’lena@atf.gov william.o’brien@atf.govPhone: 202-648-7112