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Section
[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR555.125]
[Page 192-193]
TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE
PART 555_COMMERCE IN EXPLOSIVES--Table of Contents
Subpart G_Records and Reports
Sec. 555.125 Records maintained by permittees.
(a) Records maintained by permittees prior to May 24, 2003. (1) Each
permittee must take true and accurate physical inventories that will
include all explosive materials on hand required to be accounted for in
the records kept under this part. The permittee must take a special
inventory--
(i) At the time of commencing business, which is the effective date
of the permit issued upon original qualification under this part;
(ii) At the time of changing the location of his premises to another
region;
(iii) At the time of discontinuing business; and
(iv) At any other time the regional director (compliance) may in
writing require. Each special inventory is to be prepared in duplicate,
the original of which is submitted to the regional director (compliance)
and the duplicate retained by the permittee. If a special inventory
required by paragraphs (a)(1)(i) through (iv) of this section has not
been taken during the calendar year, a permittee is required to take at
least one physical inventory. However, the record of the yearly
inventory, other than a special inventory required by paragraphs
(a)(1)(i) through (iv) of this section, will remain on file for
inspection instead of being sent to the regional director (compliance).
(See also Sec. 555.127.)
(2) Each permittee must, not later than the close of the next
business day following the date of acquisition of explosive materials,
enter the following information in a separate record:
(i) Date of acquisition;
(ii) Name or brand name of manufacturer;
(iii) Manufacturer's marks of identification;
(iv) Quantity (applicable quantity units, such as pounds of
explosives, number of detonators, number of display fireworks, etc.);
(v) Description (dynamite (dyn), blasting agents (ba), detonators
(det), display fireworks (df), etc., and size (length and diameter or
diameter only of display fireworks)); and
(vi) Name, address, and license number of the persons from whom the
explosive materials are received.
(3) Each permittee must, not later than the close of the next
business day following the date of disposition of surplus explosive
materials to another permittee or a licensee, enter in a separate record
the information prescribed in Sec. 555.124(c).
(4) Each permittee must maintain separate records of disposition of
surplus stocks of explosive materials to nonlicensees or nonpermittees
as prescribed in Sec. 555.126.
(5) The regional director (compliance) may authorize alternate
records to be maintained by a permittee to record his acquisition of
explosive materials, when it is shown by the permittee that alternate
records will accurately and readily disclose the required information. A
permittee who proposes to use alternate records must submit a letter
application to the regional director (compliance) and must describe the
proposed alternate records and the need for them. Alternate records are
not to be employed by the permittee until approval is received
[[Page 193]]
from the regional director (compliance).
(b) Records maintained by permittees on and after May 24, 2003. (1)
Each holder of a user permit must take true and accurate physical
inventories that will include all explosive materials on hand required
to be accounted for in the records kept under this part. The permittee
must take a special inventory--
(i) At the time of commencing business, which is the effective date
of the permit issued upon original qualification under this part;
(ii) At the time of changing the location of his premises;
(iii) At the time of discontinuing business; and
(iv) At any other time the regional director (compliance) may in
writing require. Each special inventory is to be prepared in duplicate,
the original of which is submitted to the regional director (compliance)
and the duplicate retained by the permittee. If a special inventory
required by paragraphs (b)(1)(i) through (iv) of this section has not
been taken during the calendar year, a permittee is required to take at
least one physical inventory. The record of the yearly inventory, other
than a special inventory required by paragraphs (b)(1)(i) through (iv)
of this section, will remain on file for inspection instead of being
sent to the regional director (compliance). (See also Sec. 555.127.)
(2) Each holder of a limited permit must take true and accurate
physical inventories, at least annually, that will include all explosive
materials on hand required to be accounted for in the records kept under
this part.
(3) Each holder of a user permit or a limited permit must, not later
than the close of the next business day following the date of
acquisition of explosive materials, enter the following information in a
separate record:
(i) Date of acquisition;
(ii) Name or brand name of manufacturer;
(iii) Manufacturer's marks of identification;
(iv) Quantity (applicable quantity units, such as pounds of
explosives, number of detonators, number of display fireworks, etc.);
(v) Description (dynamite (dyn), blasting agents (ba), detonators
(det), display fireworks (df), etc., and size (length and diameter or
diameter only of display fireworks)); and
(vi) Name, address, and license number of the persons from whom the
explosive materials are received.
(4) Each holder of a user permit or a limited permit must, not later
than the close of the next business day following the date of
disposition of surplus explosive materials to another permittee or a
licensee, enter in a separate record the information prescribed in Sec.
555.124(c).
(5) When a record book is used as a permittee's permanent record the
permittee may delay entry of the required information for a period not
to exceed seven days if the commercial record contains all of the
required information prescribed by paragraphs (b)(3) and (b)(4) of this
section. However, the commercial record may be used instead of a record
book as a permanent record provided that the record contains all of the
required information prescribed by paragraphs (b)(3) and (b)(4) of this
section.
(6) Each holder of a user permit or a limited permit must maintain
separate records of disposition of surplus stocks of explosive materials
to holders of a limited permit as prescribed in Sec. 555.126.
(7) The regional director (compliance) may authorize alternate
records to be maintained by a holder of a user permit or a limited
permit to record his acquisition of explosive materials, when it is
shown by the permittee that alternate records will accurately and
readily disclose the required information. A permittee who proposes to
use alternate records must submit a letter application to the regional
director (compliance) and must describe the proposed alternate records
and the need for them. Alternate records are not to be employed by the
permittee until approval is received from the regional director
(compliance).
(Approved by the Office of Management and Budget under control number
1140-0030)
[ATF No. 1, 68 FR 13790, Mar. 20, 2003]
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