27 CFR Part 555.33 Background Checks and Clearances

§ 555.32

27 CFR Ch. II (4–1–20 Edition)

reason to believe that explosive materials were involved. Any ATF officer
may enter into or upon any property
where explosive materials have been
used, are suspected of having been
used, or have been found in an otherwise unauthorized location.

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§ 555.32 Special explosive devices.
The Director may exempt certain explosive actuated devices, explosive actuated tools, or similar devices from
the requirements of this part. A person
who desires to obtain an exemption
under this section for any special explosive device, which as designed does
not constitute a public safety or security hazard, shall submit a written request to the Director. Each request
shall be executed under the penalties of
perjury and contain a complete and accurate description of the device, the
name and address of the manufacturer
or importer, the purpose of and use for
which it is intended, and any photographs, diagrams, or drawings as may
be necessary to enable the Director to
make a determination. The Director
may require that a sample of the device be submitted for examination and
evaluation. If it is not possible to submit the device, the person requesting
the exemption shall advise the Director
and designate the place where the device will be available for examination
and evaluation.
§ 555.33 Background checks and clearances.
(a) Background checks. (1) If the Director receives from a licensee or permittee the names and appropriate identifying information of responsible persons and employees who will be authorized by the employer to possess explosive materials in the course of employment with the employer, the Director
will conduct a background check in accordance with this section.
(2) The Director will determine
whether the responsible person or employee is one of the persons described
in any paragraph of section 842(i) of the
Act (see § 555.26). In making such determination, the Director may take into
account a letter or document issued
under paragraph (a)(3) of this section.
(3)(i) If the Director determines that
the responsible person or the employee

is not one of the persons described in
any paragraph of section 842(i) of the
Act (see § 555.26), the Director will notify the employer in writing or electronically of the determination and
issue, to the responsible person or employee, as the case may be, a letter of
clearance which confirms the determination.
(ii) If the Director determines that
the responsible person or employee is
one of the persons described in any
paragraph of section 842(i) of the Act
(see § 555.26), ATF will notify the employer in writing or electronically of
the determination and issue to the responsible person or the employee, as
the case may be, a document that confirms the determination; explains the
grounds for the determination; provides information on how the disability
may be relieved; and explains how the
determination may be appealed. The
employer will retain the notification
as part of his permanent records in accordance with § 555.121. The employer
will take immediate steps to remove
the responsible person from his position directing the management or policies of the business or operations as
they relate to explosive materials or,
as the case may be, to remove the employee from a position requiring the
possession of explosive materials. Also,
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

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
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 appro-

priate, 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, as
amended by ATF 2017R–21, 84 FR 13799, Apr.
8, 2019]

§ 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
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]

Subpart D—Licenses and Permits
§ 555.41

General.

(a) [Reserved]

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