27 Cfr 555.126

pmangrum on DSK3GDR082PROD with CFR

§ 555.126

27 CFR Ch. II (4–1–17 Edition)

(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
§ 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 § 555.126.
(7) The Chief, Explosives Industry
Programs Branch 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
Chief, Explosives Industry Programs
Branch and must describe the proposed
alternate records and the need for
them. Alternate records are not to be
employed by the permittee until ap-

proval is received from the Chief, Explosives Industry Programs Branch.
(Approved by the Office of Management and
Budget under control number 1140–0030)
[ATF No. 1, 68 FR 13790, Mar. 20, 2003, as
amended by T.D. ATF 2013R–9F, 79 FR 46694,
Aug. 11, 2014]

§ 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.

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pmangrum on DSK3GDR082PROD with CFR

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

§ 555.127

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)
[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; T.D.
ATF 2013R–9F, 79 FR 46694, Aug. 11, 2014]

§ 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
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]

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