Authority in any other capacity. The board shall conduct a full investigation and make findings of fact and recommendations to the Director with respect to the disposition of the request for reconsideration. During the course of such investigation, the applicant shall be given full opportunity to be heard before the board.

(c) The Director will thereupon consider the appeal, or request for reconsideration, as if it were a proper original application, and will issue instructions for the issuance or denial of leave, or the approval or disapproval of leave clearance, as the case may be, in accordance with the applicable provisions of this part. The Director will notify the project director of his disposition of the case, and the project director shall notify the applicant accordingly.

§ 5.5 Leave assistance; reports during leave. (a) The project director shall provide transportation for the applicant to whom a leave has been issued to the most convenient railroad or bus station. Assistance in meeting transportation costs to destination and initial subsistence expenses may be provided, in accordance with instructions issued by the Director from time to time, to persons to whom indefinite leave has been granted.

(b) Every seasonal work leave shall require the center resident to report his arrival and every change of address to the relocation officer. Each applicant for indefinite leave shall be required to agree to notify the Director promptly of his arrival at destination, his business or school and residential addresses, and all subsequent changes in school, employment, or residence.

§ 5.6 Modification of leave. (a) Any center resident to whom a short term leave has been issued may submit to the project director of the relocation center in which he resides a written application for an extension of such leave for a specified period. Any center resident absent from the center under a seasonal work leave may apply to the relocation officer for an extension of such leave for a specified period. Each such application must be submitted in due time for consideration before the original leave expires. Extensions of leave shall be issued or denied upon the same grounds as applications for original leave. No short term leave shall be prolonged beyond a total period of 60 days. A seasonal work

leave may be extended in recurring periods of not more than 60 days if the seasonal employment is not completed or if the applicant obtains other similar employment. There shall be no implied authorization to remain on leave pending disposition of an application for extension.

(b) Any center resident absent from the center under a seasonal work leave may apply to the relocation officer for a modification or change in the travel area specified in the leave.

(c) Any center resident may, while absent from a center under a short term leave, apply to the project director of the center for indefinite leave. Any center resident absent from a center under seasonal work.leave may apply for short term leave, indefinite leave, or leave clearance through the relocation officer. Within the limits prescribed by instructions issued by the Director from time to time. applications may be made and processed while the applicant is absent from the relocation center on leave.

$ 5.7 Restrictions on leave. (a) No short term leave or seasonal work leave issued under the provisions of this part shall authorize the person to whom the leave is issued to be present in any place except at, or en route to or from, a destination stated in the leave, within the dates stated therein. More than one destination may be stated in the leave where necessary. Such destination shall be defined in terms of towns or counties as accurately as practicable.

(b) An indefinite leave may permit travel unlimited except as to restrictions imposed by military authorities with reference to military areas or zones, or may permit only travel within designated states, counties, or comparable areas.

(c) Whenever the military authorities of the United States require a pass or other authorization to enter any designated area, no leave shall be issued under the provisions of this part to permit entry into such area until the required pass or authorization has been obtained for the applicant. Whenever such military authorities impose restrictions on movement or conduct within the area, the continuance of such leave shall be contingent upon the observance of any such restrictions in addition to the observance of the other conditions of such leave.

(d) When any alien of enemy nationality is issued a leave under the pro

visions of this part, the leave shall recite that travel to the first destination has been permitted by the Department of Justice, and the project director shall notify the United States Attorney of the judicial district in which the first destination is located concerning the name, description, last residence, destination, and date of departure of such alien. Any subsequent travel within the terms of the leave may take place only with the permission of the United States Attorney for the judicial district including the new point of departure. In addition, the project director shall arrange for the alien to notify the Immigration and Naturalization Service and the Federal Bureau of Investigation of his change of address, in accordance with Department of Justice regulations controlling the conduct of enemy aliens. If such alien has been paroled by order of the Attorney General or the War Department, or released under bond or on his own recognizance pending deportation, leave shall not issue until supervisory arrangements satisfactory to the Immigration and Naturalization Service have been completed.

§ 5.8 Expiration of leave. (a) Any leave issued under the provisions of this part shall expire:

(1) On the expiration date stated in the leave; or

(2) On the return to a relocation center, as a resident, of the person to whom the leave has been issued; or

(3) At any time that the person to whom the leave has been issued shall violate any of the conditions applicable to such leave; or

(4) On notice from the Director, the project director, or the relocation supervisor that the leave is revoked pursuant to the provisions of paragraph (b) of this section.

(b) The Director may revoke any leave when conditions are so far changed, or when such additional information has become available, that an original application by such person for leave would be denied under the provisions of this part. The project director may revoke any short term leave and the relocation supervisor may revoke any seasonal work leave on similar grounds. When the project director or relocation supervisor

revokes a leave he shall promptly notify the Director.

§ 5.9 Definitions. As used in this part:

(a) "Director" means the Director of the War Relocation Authority.

(b) "Project director" means the project director of the War Relocation Authority for the relocation center in which the particular applicant or person to whom a leave has been issued resides or resided at the time application was made.

(c) "Relocation supervisor" means the relocation supervisor of the War Relocation Authority for the area in which the particular person to whom a leave has been issued is to be found.

(d) "Relocation officer" means the relocation officer of the War Relocation Authority for the district in which the particular person to whom a leave has been issued is to be found. A relocation officer is under the immediate supervision of a relocation supervisor; his district comprises a territorial subdivision of the area that is within the jurisdiction of the relocation supervisor.

(e) "Relocation center" means a relocation community administered by the War Relocation Authority for occupancy by persons evacuated from military

areas.

(f) "Relocation area" means the entire area, administered by the War Relocation Authority, surrounding a relocation center.

(g) "Applicant" includes the applicant for a leave and every member of his family who seeks to accompany him on the leave.

(h) "Center resident" means a person to whom a short term leave or seasonal work leave has been issued under the provisions of this part.

§ 5.10 Effective date. The provisions of this part shall become effective on publication in the FEDERAL REGISTER.1

§ 5.11 Forms. Applications for leave or leave clearance, leaves, and notices provided for in this part shall be made and issued on the prescribed forms wherever such forms are issued by the Director and distributed to the appropriate offices.

Part 301

Control of explosives and their ingredients in time of war or national emergency. [Amended]

PART 301-CONTROL

OF EXPLO

SIVES AND THEIR INGREDIENTS IN TIME OF WAR OR NATIONAL EMERGENCY

Sec.

301.2 Definitions. [Amended]

301.3 Application of act and regulations; exceptions. [Amended]

301.9

Issuance of licenses. [Amended] 301.10 Copies of licenses. [Amended] 301.14 Licensees; duties and obligations. [Amended]

301.17 Storage of explosives and ingredients. [Revoked]

301.19 Special instructions for manufacturers. [Amended]

301.20 Special instructions for industries using explosives. [Amended] 301.23 Reissuance of expired licenses. [Amended]

STORAGE OF EXPLOSIVES (ADDED]

301.24 General requirements for storage and handling.

301.25 Storage of high explosives.

301.26 Storage of low explosives.

301.27 Storage of detonators.

301.28 Storage of fuse.

301.29 Storage of explosives ingredients. 301.30 Modification of storage and handling requirements.

§ 301.2 Definitions.

(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, trinitrotoluere, 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.

Part

303 General licenses pertaining to explosives. [Note]

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

cartridges for

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

Nitrocellulose exceeding 12.2 percent nitrogen. Nitroglucose.

Nitroglycerine (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.

[Paragraph (b) amended Apr. 10, 1944, 9 F.R. 4130, and Nov. 15, 1944, 9 F.R. 13835]

CODIFICATION: In § 301.2 (b) the item "Fireworks-all kinds" was deleted from the list of chemical compounds and mechanical mixtures, by Regulation, Director, Nov. 15, 1944, 9 F.R. 13835.

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

Industrial users.

Wholesalers, colleges, universities. Industrial research laboratories,

high schools, hospitals___ Others___.

140 lbs.

70 lbs.

10 lbs.

2 lbs.

1/4 lb.

50 lbs. 10 lbs.

2 lbs. 1/4 lb.

[Subparagraph (1) amended Apr. 10, 1944, 9 F.R. 4130]

*

§ 301.9 Issuance of licenses.

CODIFICATION: The words "or a duplicate" were deleted from the first and third sentences of the second paragraph of § 301.9 (a), by Regulation, Director, Apr. 21, 1944, 9 F.R. 4384.

301.10 Copies of licenses.

CODIFICATION: § 301.10 was amended in the following respects by Regulation, Director, Apr. 21, 1944, 9 F.R. 4384:

(1) Paragraph (a) was revoked and paragraphs (b), (c), and (d) were redesignated (a), (b), and (c) respectively.

(2) In paragraph (a), as redesignated, the sentence "If the original license has been lost, destroyed, or stolen, and the licensing agent who issued it has resigned, died or been removed, the application shall be addressed to his successor, or, if his successor does not have the original records, to the Director" was inserted between the first and the second sentences.

(3) The first sentence of paragraph (b), as redesignated, was amended to read as follows: "Copies of a license, clear and distinct, and of the same size as the license. may be made by licensees by any method of photographic reproduction and used by them in lieu of certified copies, without any application to or certification by any issuing officer."

$301.14 Licensees; duties and obligations.

*

(c) Inspections, investigations, and instructions.

CODIFICATION: The last two sentences of $301.14 (c) were revoked by Regulation, Director, Mar. 16, 1944, 9 F.R. 3006. The provisions of these sentences are now covered by §§ 301.24-301.30.

§ 301.17 Storage of explosives and ingredients. [Revoked]

§ 301.20 Special instructions for industries using explosives.

*

*

(d) Licensees' records and foremen's reports.

CODIFICATION: § 301.20 (d) was amended by changing the reference "§ 301.17 (a)" in the seventh sentence to "§ 301.24 (c)", by Regulation, Director, Apr. 10, 1944, 9 F.R. 4131.

(e) Posting regulations. Every licensed owner or operator of an industry using explosives shall keep posted upon the premises and available to his employees a copy of the regulations in this part. Free copies may be obtained from licensing agents, explosives investigators and district and subdistrict offices of the Bureau of Mines, or by writing to the Explosives Control Division, Bureau of Mines, Department of the Interior, Washington 25, D. C. [Paragraph (e) amended Feb. 2, 1944, 9 F.R. 1502]

be preserved as a part of the records of the licensee to whom issued or shall be preserved by the person to whom such copy is furnished by the licensee. [Paragraph (e) amended Feb. 2, 1944, 9 F.R. 1502]

STORAGE OF EXPLOSIVES

AUTHORITY: §§ 301.24 to 301.30, inclusive, issued under 55 Stat. 863; 50 U.S.C., Sup., 121-142.

SOURCE: §§ 301.24 to 301.30, inclusive, with exception noted in text, contained in Regulations, Mar. 16, 1944, 9 F.R. 3006.

§ 301.24 General requirements for storage and handling—(a) Applicability of regulations. Sections 301.24 to 301.30, inclusive, are applicable only to those explosives specifically enumerated in § 301.2 (b), beginning with "Amatol" and ending with "Trinitroxylene", and to those ingredients of explosives specifically enumerated in § 301.2 (c) beginning with "Chlorates" and ending with "Phosphorus."

For convenience in setting forth applicable storage requirements in §§ 301.25301.29, the explosives enumerated in § 301.2 (b) are here classified into (1) high explosives, including dynamites, permissible explosives and nitroglycerin, (2) low explosives, including blasting powder (black and pellet powder) and gunpowder, (3) detonators, including blasting, detonating caps and electric blasting caps, and (4) fuse of all varieties. Standards are also prescribed for the storage of explosives ingredients and blasting device heaters containing explosives ingredients.

CODIFICATION: In § 301.24 (a) (3) the words "and percussion" were deleted following "detonating" and preceding "caps", by Regulation, Director, Apr. 10, 1944, 9 F.R. 4131.

(b) Protection required. All explosives and ingredients of explosives must at all times be safely stored and handled and adequately protected against theft. The standards set forth in §§ 301.24301.29, inclusive, are minimum requirements only. Compliance with these standards does not relieve persons storing or handling explosives or ingredients of explosives, whether on the surface or underground, from the duty to take such additional measures as a reasonable man, acting with ordinary prudence, would take in the same or similar circumstances to safeguard and protect such explosives or ingredients, or from the duty to com