6 USC 488 - Regulation of the sale and transfer of ammonium nitrate

Collapse to view only § 488a. Regulation of the sale and transfer of ammonium nitrate

§ 488. Definitions
§ 488a. Regulation of the sale and transfer of ammonium nitrate
§ 488b. Inspection and auditing of records
§ 488c. Administrative provisions
§ 488d. Theft reporting requirement
§ 488e. Prohibitions and penalty
§ 488f. Protection from civil liability
§ 488g. Preemption of other laws
§ 488h. Deadlines for regulations
§ 488i. Authorization of appropriations

§ 488. Definitions

In this part:

(1) Ammonium nitrate

The term “ammonium nitrate” means—

(A) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 percent nitrogen by weight; and

(B) any mixture containing a percentage of ammonium nitrate that is equal to or greater than the percentage determined by the Secretary under section 488a(b) of this title.

(2) Ammonium nitrate facility

(3) Ammonium nitrate purchaser

(Pub. L. 107–296, title VIII, § 899A, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2083.)

§ 488a. Regulation of the sale and transfer of ammonium nitrate

(a) In general

(b) Ammonium nitrate mixtures

(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

(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;

(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

(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.)

§ 488b. Inspection and auditing of records

The Secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium nitrate facilities for the purpose of monitoring compliance with this part or for the purpose of deterring or preventing the misappropriation or use of ammonium nitrate in an act of terrorism.

(Pub. L. 107–296, title VIII, § 899C, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2087.)

§ 488c. Administrative provisions

(a) Cooperative agreementsThe Secretary—

(1) may enter into a cooperative agreement with the Secretary of Agriculture, or the head of any State department of agriculture or its designee involved in agricultural regulation, in consultation with the State agency responsible for homeland security, to carry out the provisions of this part; and

(2) wherever possible, shall seek to cooperate with State agencies or their designees that oversee ammonium nitrate facility operations when seeking cooperative agreements to implement the registration and enforcement provisions of this part.

(b) Delegation

(1) Authority

(2) Delegation required

(3) Funding

(1) GuidanceThe Secretary shall make available to each owner of an ammonium nitrate facility registered under section 488a(c)(1) of this title guidance on—

(A) the identification of suspicious ammonium nitrate purchases or transfers or attempted purchases or transfers;

(B) the appropriate course of action to be taken by the ammonium nitrate facility owner with respect to such a purchase or transfer or attempted purchase or transfer, including—

(i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium nitrate; and

(ii) notifying appropriate law enforcement entities; and

(C) additional subjects determined appropriate to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.

(2) Use of materials and programs

(3) Notification materials

(A) In general

(B) Design of materialsMaterials made available under subparagraph (A) shall be designed to notify prospective ammonium nitrate purchasers of—

(i) the record-keeping requirements under section 488a of this title; and

(ii) the penalties for violating such requirements.

(Pub. L. 107–296, title VIII, § 899D, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2087.)

§ 488d. Theft reporting requirement

Any person who is required to comply with section 488a(e) of this title who has knowledge of the theft or unexplained loss of ammonium nitrate shall report such theft or loss to the appropriate Federal law enforcement authorities not later than 1 calendar day of the date on which the person becomes aware of such theft or loss. Upon receipt of such report, the relevant Federal authorities shall inform State, local, and tribal law enforcement entities, as appropriate.

(Pub. L. 107–296, title VIII, § 899E, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2088.)

§ 488e. Prohibitions and penalty

(a) Prohibitions

(1) Taking possession

(2) Transferring possession

(3) Other prohibitions

No person shall—

(A) purchase ammonium nitrate without a registration number required under subsection (c) or (d) of section 488a of this title;

(B) own or operate an ammonium nitrate facility without a registration number required under section 488a(c) of this title; or

(b) Civil penalty

In determining the amount of a civil penalty under this section, the Secretary shall consider—

(1) the nature and circumstances of the violation;

(2) with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and

(3) any other matter that the Secretary determines that justice requires.

(d) Notice and opportunity for a hearing

(e) Delay in application of prohibition

(Pub. L. 107–296, title VIII, § 899F, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2088.)

§ 488f. Protection from civil liability

(a) In general

(b) Reasonable belief

(Pub. L. 107–296, title VIII, § 899G, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2089.)

§ 488g. Preemption of other laws

(a) Other Federal regulations

(b) State law

(Pub. L. 107–296, title VIII, § 899H, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2089.)

§ 488h. Deadlines for regulations

The Secretary—

(1) shall issue a proposed rule implementing this part not later than 6 months after December 26, 2007; and

(2) issue a final rule implementing this part not later than 1 year after December 26, 2007.

(Pub. L. 107–296, title VIII, § 899I, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2089.)

§ 488i. Authorization of appropriations

There are authorized to be appropriated to the Secretary—

(1) $2,000,000 for fiscal year 2008; and

(2) $10,750,000 for each of fiscal years 2009 through 2012.

(Pub. L. 107–296, title VIII, § 899J, as added Pub. L. 110–161, div. E, title V, § 563(a), Dec. 26, 2007, 121 Stat. 2090.)