27 CFR 555.45 Original License or Permit

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
the number of locations relating to explosive materials operated by the holder of the user permit.
(Approved by the Office of Management and
Budget under control number 1140–0083)
[ATF No. 1, 68 FR 13783, Mar. 20, 2003, as
amended by ATF 5F, 70 FR 30633, May 27,
2005; ATF 2017R–21, 84 FR 13799, Apr. 8, 2019]

§ 555.42 License fees.
(a) Each applicant shall pay a fee for
obtaining a three year license, a separate fee being required for each business premises, as follows:
(1) Manufacturer—$200.
(2) Importer—$200.
(3) Dealer—$200.
(b) Each applicant for a renewal of a
license shall pay a fee for a three year
license as follows:
(1) Manufacturer—$100.
(2) Importer—$100.
(3) Dealer—$100.
[T.D. ATF–400, 63 FR 45002, Aug. 24, 1998]

§ 555.43 Permit fees.
(a) Each applicant must pay a fee for
obtaining a permit as follows:
(1) User—$100 for a three-year period.
(2) User-limited (nonrenewable)—$75.
(3) Limited—$25 for a one-year period.
(b)(1) Each applicant for renewal of a
user permit must pay a fee of $50 for a
three-year period.
(2) Each applicant for renewal of a
limited permit must pay a fee of $12 for
a one-year period.
[ATF No. 1, 68 FR 13785, Mar. 20, 2003]

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§ 555.44 License or permit fee not refundable.
No refund of any part of the amount
paid as a license or permit fee will be
made where the operations of the licensee or permittee are, for any reason,
discontinued during the period of an
issued license or permit. However, the
license or permit fee submitted with an
application for a license or permit will
be refunded if that application is denied, withdrawn, or abandoned, or if a
license is cancelled subsequent to having been issued through administrative
error.
§ 555.45 Original license or permit.
(a)–(b) [Reserved]

(c) Licenses and permits issued on and
after May 24, 2003—(1) License. Any person who intends to engage in the business as an importer of, manufacturer
of, or dealer in explosive materials, or
who has not timely submitted an application for renewal of a previous license
issued under this part, must file an application for License, Explosives, ATF
F 5400.13, with ATF in accordance with
the instructions on the form. ATF
Form 5400.13 may be obtained by contacting any ATF office. The application must:
(i) Be executed under the penalties of
perjury and the penalties imposed by 18
U.S.C. 844(a);
(ii) Include appropriate identifying
information concerning each responsible person;
(iii) Include a photograph and fingerprints for each responsible person;
(iv) Include the names of and appropriate identifying information regarding all employees who will be authorized by the applicant to possess explosive materials by submitting ATF F
5400.28 for each employee; and
(v) Include the appropriate fee in the
form of money order or check made
payable to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
(2) User permit and limited permit. Except as provided in § 555.41(b)(1)(iv), any
person who intends to acquire explosive materials in the State in which
that person resides or acquire explosive
materials from a licensee or holder of a
user permit in a State other than the
State in which that person resides, or
from a foreign country, or who intends
to transport explosive materials in
interstate or foreign commerce, or who
has not timely submitted an application for renewal of a previous permit
issued under this part, must file an application for Permit, Explosives, ATF
F 5400.16 or Permit, User Limited Display Fireworks, ATF F 5400.21 with
ATF in accordance with the instructions on the form. ATF Form 5400.16
and ATF Form 5400.21 may be obtained
by contacting any ATF office. The application must:
(i) Be executed under the penalties of
perjury and the penalties imposed by 18
U.S.C. 844(a);

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§ 555.46

27 CFR Ch. II (4–1–20 Edition)

(ii) Include a photograph, fingerprints, and appropriate identifying information for each responsible person;
(iii) Include the names of and appropriate identifying information regarding all employees who will be authorized by the applicant to possess explosive materials by submitting ATF F
5400.28 for each employee; and
(iv) Include the appropriate fee in the
form of money order or check made
payable to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
(3) The Chief, Federal Explosives Licensing Center, will conduct background checks on responsible persons
and employees authorized by the applicant to possess explosive materials in
accordance with § 555.33. If it is determined that any responsible person or
employee is described in any paragraph
of section 842(i) of the Act, the applicant must submit an amended application indicating removal or reassignment of that person before the license
or permit will be issued.
(Approved by the Office of Management and
Budget under control number 1140–0083)
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82
Stat. 1226))
[T.D. ATF–200, 50 FR 10497, Mar. 15, 1985, as
amended by T.D. ATF–400, 63 FR 45002, Aug.
24, 1998; ATF No. 1, 68 FR 13785, Mar. 20, 2003;
ATF 2013R–9F, 79 FR 46693, Aug. 11, 2014; ATF
2017R–21, 84 FR 13799, Apr. 8, 2019]

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§ 555.46

Renewal of license or permit.

(a) If a licensee or permittee intends
to continue the business or operation
described on a license or permit issued
under this part after the expiration
date of the license or permit, he shall,
unless otherwise notified in writing by
the Chief, Federal Explosives Licensing
Center, execute and file prior to the expiration of his license or permit an application for license renewal, ATF F
5400.14 (Part III), or an application for
permit renewal, ATF F 5400.15 (Part
III), accompanied by the required fee,
with ATF in accordance with the instructions on the form. In the event
the licensee or permittee does not
timely file a renewal application, he
shall file an original application as required by § 555.45, and obtain the required license or permit in order to
continue business or operations.

(b) A user-limited permit is not renewable and is valid for a single purchase transaction. Applications for all
user-limited permits must be filed on
ATF F 5400.16 or ATF F 5400.21, as required by § 555.45.
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82
Stat. 1226))
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–200, 50 FR 10497, Mar.
15, 1985; T.D. ATF–290, 54 FR 53054, Dec. 27,
1989; T.D. ATF–400, 63 FR 45002, Aug. 24, 1998;
ATF 2013R–9F, 79 FR 46693, Aug. 11, 2014]

§ 555.47

Insufficient fee.

If an application is filed with an insufficient fee, the application and fee
submitted will be returned to the applicant.
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82
Stat. 1226))
[T.D. ATF–200, 50 FR 10498, Mar. 15, 1985]

§ 555.48

Abandoned application.

Upon receipt of an incomplete or improperly executed application, the applicant will be notified of the deficiency in the application. If the application is not corrected and returned
within 30 days following the date of notification, the application will be considered as having been abandoned and
the license or permit fee returned.
§ 555.49

Issuance of license or permit.

(a) [Reserved]
(b) Issuance of license or permit on and
after May 24, 2003. (1) The Chief, Federal
Explosives Licensing Center, will issue
a license or permit if:
(i) A properly executed application
for the license or permit is received;
and
(ii) Through further inquiry or investigation, or otherwise, it is found that
the applicant is entitled to the license
or permit.
(2) The Chief, Federal Explosives Licensing Center, will approve a properly
executed application for a license or
permit, if:
(i) The applicant (or, if the applicant
is a corporation, partnership, or association, each responsible person with
respect to the applicant) is not a person described in any paragraph of section 842(i) of the Act;

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