27 Cfr 555.126

section 555.126.htm

Records & Supporting Data: Daily Summaries, Records of Production Storage, & Disposition, & Supporting Data by Licensed Explosives Manufacturers

27 CFR 555.126

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[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: 27CFR555.126]

[Page 194-195]
 
            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. 555.126   Explosives transaction record for distribution of explosive 

materials prior to May 24, 2003 and Limited Permittee Transaction Report 
for distribution of explosive materials on and after May 24, 2003.

    (a) Explosives transaction record for distribution of explosive 
materials prior to May 24, 2003. (1) A licensee or permittee shall not 
temporarily or permanently distribute explosive materials to any person, 
other than another licensee or permittee, unless he records the 
transaction on an explosives transaction record, ATF F 5400.4.
    (2) Before the distribution of explosive materials to a nonlicensee 
or nonpermittee who is a resident of the State in which the licensee or 
permittee maintains his business premises, or to a nonlicensee or 
nonpermittee who is not a resident of the State in which the licensee or 
permittee maintains his business premises and is acquiring explosive 
materials under Sec. 555.105(a)(3), the licensee or permittee 
distributing the explosive materials shall obtain an executed ATF F 
5400.4 from the distributee which contains all of the information 
required on the form and by the regulations in this part.
    (3) Completed ATF F 5400.4 is to be retained by the licensee or 
permittee as part of his permanent records in accordance with paragraph 
(a)(4) of this section.
    (4) Each ATF F 5400.4 is retained in numerical (by transaction 
serial number) order commencing with ``1'' and continuing in regular 
sequence. When the numbering of any series reaches ``1,000,000,'' the 
licensee or permittee may recommence the series. The recommenced series 
is to be given an alphabetical prefix or suffix. Where there is a change 
in proprietorship, or in the individual, firm, corporate name or trade 
name, the series in use at the time of the change may be continued.
    (5) The requirements of this section are in addition to any other 
recordkeeping requirement contained in this part.
    (6) A licensee or permittee may obtain, upon request, a supply of 
ATF F 5400.4 from the Director.
    (b) Limited Permittee Transaction Report for distribution of 
explosive materials on and after May 24, 2003. (1) A licensee or 
permittee may not distribute explosive materials to any person who is 
not a licensee or permittee. A licensee or permittee may not distribute 
explosive materials to a limited permittee unless the distributor 
records the transaction on ATF Form 5400.4, Limited Permittee 
Transaction Report.
    (2) Before distributing explosive materials to a limited permittee, 
the licensee or permittee must obtain an executed Form 5400.4 from the 
limited permittee with an original unaltered and unexpired Intrastate 
Purchase of Explosives Coupon (IPEC) affixed. Except when delivery of 
explosive materials is made by a common or contract carrier who is an 
agent of the limited permittee, the licensee, permittee, or an agent of 
the licensee or permittee, must verify the identity of the of the holder 
of the limited permit by examining an identification document (as 
defined in Sec. 555.11) and noting on the Form 5400.4 the type of 
document presented. The licensee or permittee must complete the 
appropriate section on Form 5400.4 to indicate the type and quantity of 
explosive materials distributed, the license or permit number of the 
seller, and the date of the transaction. The licensee or permittee must 
sign and date the form and include any other information required by the 
instructions on the form and the regulations in this part.
    (3) One copy of Form 5400.4 must be retained by the distributor as 
part of his permanent records in accordance with paragraph (b)(4) of 
this section and for the period specified in Sec. 555.121. The 
distributor must mail the other copy of Form 5400.4 to the Bureau of 
Alcohol, Tobacco, Firearms and Explosives in accordance with the 
instructions on the form.
    (4) Each Form 5400.4 must be retained in chronological order by date 
of disposition, or in alphabetical order by name of limited permittee. A 
licensee may not, however, use both methods in a single recordkeeping 
system. Where there is a change in proprietorship by a limited 
permittee, the forms may continue to be filed together after such 
change.

[[Page 195]]

    (5) The requirements of this section are in addition to any other 
recordkeeping requirement contained in this part.

(Approved by the Office of Management and Budget under control number 
1140-0078)

[T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-93, 46 
FR 50787, Oct. 15, 1981; T.D. ATF-172, 49 FR 14941, Apr. 16, 1984; T.D. 
ATF-446, 66 FR 16602, Mar. 27, 2001; ATF No. 1, 68 FR 13791, Mar. 20, 
2003]




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