U.S Code last checked for updates: May 07, 2024
§ 488a.
Regulation of the sale and transfer of ammonium nitrate
(a)
In general
(b)
Ammonium nitrate mixtures
(c)
Registration of owners of ammonium nitrate facilities
(1)
Registration
The Secretary shall establish a process by which any person that—
(A)
owns an ammonium nitrate facility is required to register with the Department; and
(B)
registers under subparagraph (A) is issued a registration number for purposes of this part.
(2)
Registration information
Any person applying to register under paragraph (1) shall submit to the Secretary—
(A)
the name, address, and telephone number of each ammonium nitrate facility owned by that person;
(B)
the name of the person designated by that person as the point of contact for each such facility, for purposes of this part; and
(C)
such other information as the Secretary may determine is appropriate.
(d)
Registration of ammonium nitrate purchasers
(1)
Registration
The Secretary shall establish a process by which any person that—
(A)
intends to be an ammonium nitrate purchaser is required to register with the Department; and
(B)
registers under subparagraph (A) is issued a registration number for purposes of this part.
(2)
Registration information
Any person applying to register under paragraph (1) as an ammonium nitrate purchaser shall submit to the Secretary—
(A)
the name, address, and telephone number of the applicant; and
(B)
the intended use of ammonium nitrate to be purchased by the applicant.
(e)
Records
(1)
Maintenance of records
The owner of an ammonium nitrate facility shall—
(A)
maintain a record of each sale or transfer of ammonium nitrate, during the two-year period beginning on the date of that sale or transfer; and
(B)
include in such record the information described in paragraph (2).
(2)
Specific information required
For each sale or transfer of ammonium nitrate, the owner of an ammonium nitrate facility shall—
(A)
record the name, address, telephone number, and registration number issued under subsection (c) or (d) of each person that purchases ammonium nitrate, in a manner prescribed by the Secretary;
(B)
if applicable, record the name, address, and telephone number of an agent acting on behalf of the person described in subparagraph (A), at the point of sale;
(C)
record the date and quantity of ammonium nitrate sold or transferred; and
(D)
verify the identity of the persons described in subparagraphs (A) and (B), as applicable, in accordance with a procedure established by the Secretary.
(3)
Protection of information
(f)
Exemption for explosive purposes
(g)
Consultation
(h)
Data confidentiality
(1)
In general
(2)
Exception
The Secretary may disclose any information obtained by the Secretary under this part to—
(A)
an officer or employee of the United States, or a person that has entered into a contract with the United States, who has a need to know the information to perform the duties of the officer, employee, or person; or
(B)
to a State agency under section 488c of this title, under appropriate arrangements to ensure the protection of the information.
(i)
Registration procedures and check of terrorist screening database
(1)
Registration procedures
(A)
Generally
(B)
Initial six-month registration period
(2)
Check of terrorist screening database
(A)
Check required
(B)
Authority to deny registration number
(3)
Expedited review of applications
(A)
In general
(B)
Notice of application status
(4)
Expedited appeals process
(A)
Requirement
(i)
Appeals process
(ii)
Time period for resolution
(B)
Consultation
(C)
Guidance
(5)
Restrictions on use and maintenance of information
(A)
In general
(B)
Sharing of information
(6)
Registration information
(A)
Authority to require information
(B)
Requirement to update information
(7)
Re-checks against terrorist screening database
(A)
Re-checks
(B)
Notice of revocation
(Pub. L. 107–296, title VIII, § 899B, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2084; amended Pub. L. 115–278, § 2(g)(5)(B), Nov. 16, 2018, 132 Stat. 4179.)
cite as: 6 USC 488a