27 CFR 555.34 Replacement of Stolen or Lost ATF F 5400.30

pmangrum on DSK3GDR082PROD with CFR

§ 555.34

27 CFR Ch. II (4–1–17 Edition)

if the employer has listed the employee
as a person authorized to accept delivery of explosive materials, as specified
in § 555.103 or § 555.105, the employer
must remove the employee from such
list and immediately, and in no event
later than the second business day
after such change, notify distributors
of such change.
(b) Appeals and correction of erroneous
system information—(1) In general. A responsible person or employee may
challenge the adverse determination
set out in the letter of denial, in writing and within 45 days of issuance of
the determination, by directing his or
her challenge to the basis for the adverse determination, or to the accuracy of the record upon which the adverse determination is based, to the Director. The appeal request must include appropriate documentation or
record(s) establishing the legal and/or
factual basis for the challenge. Any
record or document of a court or other
government entity or official furnished
in support of an appeal must be certified by the court or other government
entity or official as a true copy. In the
case of an employee, or responsible person who did not submit fingerprints,
such appeal must be accompanied by
two properly completed FBI Forms
FD–258 (fingerprint card). The Director
will advise the individual in writing of
his decision and the reasons for the decision.
(2) Employees. The letter of denial,
among other things, will advise an employee who elects to challenge an adverse determination to submit the fingerprint cards as described above. The
employee also will be advised of the
agency name and address that originated the record containing the information causing the adverse determination (‘‘originating agency’’). At that
time, and where appropriate, an employee is encouraged to apply to the
originating agency to challenge the accuracy of the record(s) upon which the
denial is based. The originating agency
may respond to the individual’s application by addressing the individual’s
specific reasons for the challenge, and
by indicating whether additional information or documents are required. If
the record is corrected as a result of
the application to the originating

agency, the individual may so notify
ATF which will, in turn, verify the
record correction with the originating
agency and take all necessary steps to
contact the agency responsible for the
record system and correct the record.
The employee may provide to ATF additional and appropriate documentation or record(s) establishing the legal
and/or factual basis for the challenge
to ATF’s decision to uphold the initial
denial. If ATF does not receive such additional documentation or record(s)
within 45 days of the date of the decision upholding the initial denial, ATF
will close the appeal.
(3) Responsible persons. The letter of
denial, among other things, will advise
a responsible person of the agency
name and address which originated the
record containing the information
causing the adverse determination
(‘‘originating agency’’). A responsible
person who elects to challenge the adverse determination, where appropriate, is encouraged to apply to the
originating agency to challenge the accuracy of the record(s) upon which the
denial is based. The originating agency
may respond to the individual’s application by addressing the individual’s
specific reasons for the challenge, and
by indicating whether additional information or documents are required. If
the record is corrected as a result of
the application to the originating
agency, the individual may so notify
ATF which will, in turn, verify the
record correction with the originating
agency and take all necessary steps to
contact the agency responsible for the
record system and correct the record.
A responsible person may provide additional documentation or records as
specified for employees in paragraph
(b)(2) of this section.
(Approved by the Office of Management and
Budget under control number 1140–0081)
[ATF No. 1, 68 FR 13783, Mar. 20, 2003]

§ 555.34 Replacement of stolen or lost
ATF Form 5400.30 (Intrastate Purchase
of
Explosives
Coupon
(IPEC)).
When any Form 5400.30 is stolen, lost,
or destroyed, the person losing possession will, upon discovery of the theft,
loss, or destruction, immediately, but
in all cases before 24 hours have

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
elapsed since discovery, report the
matter to the Director by telephoning
1–888–ATF-BOMB (nationwide toll free
number). The report will explain in detail the circumstances of the theft,
loss, or destruction and will include all
known facts that may serve to identify
the document. Upon receipt of the report, the Director will make such investigation as appears appropriate and
may issue a duplicate document upon
such conditions as the circumstances
warrant.
(Approved by the Office of Management and
Budget under control number 1140–0077)
[ATF No. 1, 68 FR 13783, Mar. 20, 2003]

pmangrum on DSK3GDR082PROD with CFR

Subpart D—Licenses and Permits
§ 555.41 General.
(a) Licenses and permits issued prior to
May 24, 2003. (1) Each person intending
to engage in business as an importer or
manufacturer of, or a dealer in, explosive materials, including black powder,
must, before commencing business, obtain the license required by this subpart for the business to be operated.
Each person who intends to acquire for
use explosive materials from a licensee
in a State other than the State in
which he resides, or from a foreign
country, or who intends to transport
explosive materials in interstate or
foreign commerce, must obtain a permit under this subpart; except that it
is not necessary to obtain a permit if
the user intends to lawfully purchase:
(i) Explosive materials from a licensee in a State contiguous to the
user’s State of residence and the user’s
State of residence has enacted legislation, currently in force, specifically authorizing a resident of that State to
purchase explosive materials in a contiguous State; or
(ii)
Commercially
manufactured
black powder in quantities not to exceed 50 pounds, intended to be used
solely for sporting, recreational, or cultural purposes in antique firearms or in
antique devices.
(2) Each person intending to engage
in business as an explosive materials
importer, manufacturer, or dealer must
file an application, with the required
fee (see § 555.42), with ATF in accordance with the instructions on the form

§ 555.41

(see § 555.45). A license will, subject to
law, entitle the licensee to transport,
ship, and receive explosive materials in
interstate or foreign commerce, and to
engage in the business specified by the
license, at the location described on
the license. A separate license must be
obtained for each business premises at
which the applicant is to manufacture,
import, or distribute explosive materials except under the following circumstances:
(i) A separate license will not be required for storage facilities operated
by the licensee as an integral part of
one business premises or to cover a location used by the licensee solely for
maintaining the records required by
this part.
(ii) A separate license will not be required of a licensed manufacturer with
respect to his on-site manufacturing.
(iii) It will not be necessary for a licensed importer or a licensed manufacturer (for purposes of sale or distribution) to also obtain a dealer’s license in
order to engage in business on his licensed premises as a dealer in explosive materials.
(iv) A separate license will not be required of licensed manufacturers with
respect to their on-site manufacture of
theatrical flash powder.
(3) Except as provided in paragraph
(a)(1) of this section, each person intending to acquire explosive materials
from a licensee in a State other than a
State in which he resides, or from a
foreign country, or who intends to
transport explosive materials in interstate or foreign commerce, must file an
application, with the required fee (see
§ 555.43), with ATF in accordance with
the instructions on the form (see
§ 555.45). A permit will, subject to law,
entitle the permittee to acquire, transport, ship, and receive in interstate or
foreign commerce explosive materials.
Only one permit is required under this
part.
(b) Licenses and permits issued on and
after May 24, 2003—(1) In general. (i)
Each person intending to engage in
business as an importer or manufacturer of, or a dealer in, explosive materials, including black powder, must, before commencing business, obtain the
license required by this subpart for the
business to be operated.

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