27 Cfr 555.126

§ 555.126

27 CFR Ch. II (4–1–10 Edition)

(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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§ 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 § 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 § 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.

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
(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 § 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.
(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)

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[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]

§ 555.127 Daily summary of magazine
transactions.
In taking the inventory required by
§§ 555.122, 555.123, 555.124, and 555.125, a
licensee or permittee shall enter the
inventory in a record of daily summary
transactions to be kept at each magazine of an approved storage facility;
however, these records may be kept at
one central location on the business
premises if separate records of daily
transactions are kept for each magazine. Not later than the close of the
next business day, each licensee and
permittee shall record by manufacturer’s name or brand name, the total
quantity received in and removed from
each magazine during the day, and the
total remaining on hand at the end of
the day. Quantity entries for display
fireworks may be expressed as the
number and size of individual display
fireworks in a finished state or as the
number of packaged display segments
or packaged displays. Information as to
the number and size of display fireworks contained in any one packaged

§ 555.129

display segment or packaged display
shall be provided to any ATF officer on
request. Any discrepancy which might
indicate a theft or loss of explosive materials is to be reported in accordance
with § 555.30.
[T.D. ATF–293, 55 FR 3722, Feb. 5, 1990, as
amended by T.D. ATF–400, 63 FR 45003, Aug.
24, 1998]

§ 555.128

Discontinuance of business.

Where an explosive materials business or operations is discontinued and
succeeded by a new licensee or new permittee, the records prescribed by this
subpart shall appropriately reflect such
facts and shall be delivered to the successor. Where discontinuance of the
business or operations is absolute, the
records required by this subpart must
be delivered within 30 days following
the business or operations discontinuance to any ATF office located in the
region in which the business was located, or to the ATF Out-of-Business
Records Center, 244 Needy Road, Martinsburg, West Virginia 25405. Where
State law or local ordinance requires
the delivery of records to other responsible authority, the Chief, Firearms
and Explosives Licensing Center may
arrange for the delivery of the records
required by this subpart to such authority. (See also, § 555.61.)
[T.D. ATF–290, 54 FR 53054, Dec. 27, 1989, as
amended by T.D. ATF–446a, 66 FR 19089, Apr.
13, 2001; ATF No. 1, 68 FR 13792, Mar. 20, 2003;
ATF–11F, 73 FR 57242, Oct. 2, 2008]

§ 555.129

Exportation.

Exportation of explosive materials is
to be in accordance with the applicable
provisions of section 38 of the Arms Export Control Act (22 U.S.C. 2778) and
implementing regulations. However, a
licensed importer, licensed manufacturer, or licensed dealer exporting explosive
materials
shall
maintain
records showing the manufacture or acquisition of explosive materials as required by this part and records showing
the quantity, the manufacturer’s name
or brand name of explosive materials,
the name and address of the foreign
consignee of the explosive materials,
and the date the explosive materials

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