27 CFR 555.54 Change of Address

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
error. The Chief, Federal Explosives Licensing Center, shall correct the error,
if the error was made in his office, and
return the license or permit. However,
if the error resulted from information
contained in the licensee’s or permittee’s application for the license or permit, the Chief, Federal Explosives Licensing Center, shall require the licensee or permittee to file an amended
application setting forth the correct
information and a statement explaining the error contained in the application. Upon receipt of the amended application and a satisfactory explanation of the error, the Chief, Federal
Explosives Licensing Center, shall
make the correction on the license or
permit and return it to the licensee or
permittee.
(b) When the Chief, Federal Explosives Licensing Center, finds through
any means other than notice from the
licensee or permittee that an incorrect
license or permit has been issued, (1)
the Chief, Federal Explosives Licensing
Center, may require the holder of the
incorrect license or permit to return
the license or permit for correction,
and (2) if the error resulted from information contained in the licensee’s or
permittee’s application for the license
or permit, the Chief, Federal Explosives Licensing Center, shall require
the licensee or permittee to file an
amended application setting forth the
correct information, and a statement
satisfactorily explaining the error contained in the application. The Chief,
Federal Explosives Licensing Center,
then shall make the correction on the
license or permit and return it to the
licensee or permittee.

kpayne on VMOFRWIN702 with $$_JOB

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; ATF 2013R–9F, 79 FR 46693, Aug. 11,
2014]

§ 555.51 Duration of license or permit.
(a) Prior to May 24, 2003. An original
license or permit is issued for a period
of three years. A renewal license or
permit is issued for a period of three
years. However, a user-limited permit
is valid only for a single purchase
transaction.
(b) On and after May 24, 2003. (1) An
original license or user permit is issued
for a period of three years. A renewal

§ 555.54

license or user permit is also issued for
a period of three years. However, a
user-limited permit is valid only for a
single purchase transaction.
(2) A limited permit is issued for a
period of one year. A renewal limited
permit is also issued for a period of one
year.
[ATF No. 1, 68 FR 13786, Mar. 20, 2003]

§ 555.52 Limitations on license or permit.
(a) The license covers the business of
explosive materials specified in the license at the licensee’s business premises (see § 555.41(b)).
(b) The permit is valid with respect
to the type of operations of explosive
materials specified in the permit.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–387, 62 FR 8376, Feb.
25, 1997; ATF 5F, 70 FR 30633, May 27, 2005]

§ 555.53 License and permit not transferable.
Licenses and permits issued under
this part are not transferable to another person. In the event of the lease,
sale, or other transfer of the business
or operations covered by the license or
permit, the successor must obtain the
license or permit required by this part
before commencing business or operations. However, for rules on right of
succession, see § 555.59.
§ 555.54

Change of address.

(a) During the term of a license or
permit, a licensee or permittee may
move his business or operations to a
new address at which he intends to regularly carry on his business or operations, without procuring a new license
or permit. However, in every case, the
licensee or permittee shall—
(1) Give notification of the new location of the business or operations to
the Chief, Federal Explosives Licensing
Center at least 10 days before the
move; and
(2) Submit the license or permit to
the Chief, Federal Explosives Licensing
Center. The Chief, Federal Explosives
Licensing Center will issue an amended
license or permit, which will contain
the new address (and new license or
permit number, if any).

133

VerDate Sep<11>2014

16:06 May 30, 2019

Jkt 247113

PO 00000

Frm 00143

Fmt 8010

Sfmt 8010

Q:\27\27V3.TXT

PC31

§ 555.56

27 CFR Ch. II (4–1–19 Edition)

(b) Licensees and permittees whose
mailing address will change must notify the Chief, Federal Explosives Licensing Center, at least 10 days before
the change.
(Paragraph (b) approved by the Office of
Management and Budget under control number 1140–0080)
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; ATF No. 1, 68 FR 13786, Mar. 20, 2003;
ATF 2013R–9F, 79 FR 46693, Aug. 11, 2014]

§ 555.56

Change in trade name.

A licensee or permittee continuing to
conduct business or operations at the
location shown on his license or permit
is not required to obtain a new license
or permit by reason of a mere change
in trade name under which he conducts
his business or operations. However,
the licensee or permittee shall furnish
his license or permit and any copies
furnished with the license or permit for
endorsement of the change to the
Chief, Federal Explosives Licensing
Center, within 30 days from the date
the licensee or permittee begins his
business or operations under the new
trade name.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; ATF 2013R–9F, 79 FR 46693, Aug. 11,
2014]

kpayne on VMOFRWIN702 with $$_JOB

§ 555.57 Change of control, change in
responsible persons, and change of
employees.
(a) In the case of a corporation or association holding a license or permit
under this part, if actual or legal control of the corporation or association
changes, directly or indirectly, whether by reason of change in stock ownership or control (in the corporation
holding a license or permit or in any
other corporation), by operation of law,
or in any other manner, the licensee or
permittee shall, within 30 days of the
change, give written notification executed under the penalties of perjury, to
the Chief, Federal Explosives Licensing
Center. Upon expiration of the license
or permit, the corporation or association shall file an ATF F 5400.13 or an
ATF F 5400.16 as required by § 555.45,
and pay the fee prescribed in § 555.42(b)
or § 555.43(b).

(b) For all licenses or permits issued
on and after May 24, 2003, each person
holding the license or permit must report to the Chief, Federal Explosives
Licensing Center, any change in responsible persons or employees authorized to possess explosive materials.
Such report must be submitted within
30 days of the change and must include
appropriate identifying information for
each responsible person. Reports relating to newly hired employees authorized to possess explosive materials
must be submitted on ATF F 5400.28 for
each employee.
(c) Upon receipt of a report, the
Chief, Federal Explosives Licensing
Center, will conduct a background
check, if appropriate, in accordance
with § 555.33.
(d) The reports required by paragraph
(b) of this section must be retained as
part of a licensee’s or permittee’s permanent records for the period specified
in § 555.121.
(Approved by the Office of Management and
Budget under control number 1140–0074)
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; ATF No. 1, 68 FR 13786, Mar. 20, 2003;
ATF 2013R–9F, 79 FR 46693, Aug. 11, 2014]

§ 555.58 Continuing partnerships.
Where, under the laws of the particular State, the partnership is not
terminated on death or insolvency of a
partner, but continues until the winding up of the partnership affairs is
completed, and the surviving partner
has the exclusive right to the control
and possession of the partnership assets for the purpose of liquidation and
settlement, the surviving partner may
continue to conduct the business or operations under the license or permit of
the partnership. If the surviving partner acquires the business or operations
on completion of settlement of the
partnership, he shall obtain a license
or permit in his own name from the
date of acquisition, as provided in
§ 555.45. The rule set forth in this section will also apply where there is
more than one surviving partner.
§ 555.59 Right of succession by certain
persons.
(a) Certain persons other than the licensee or permittee may secure the

134

VerDate Sep<11>2014

16:06 May 30, 2019

Jkt 247113

PO 00000

Frm 00144

Fmt 8010

Sfmt 8010

Q:\27\27V3.TXT

PC31