27 CFR 555.30 - Reporting Theft or Loss of Explosive Materials

§ 555.27

27 CFR Ch. II (4–1–17 Edition)

the shipping, transporting, possession,
or receipt of explosive materials is in
furtherance of this official law enforcement business;
(B) Is a person having the power to
direct or cause the direction of the
management and policies of a corporation, partnership, or association licensed pursuant to section 843(a) of the
Act, and the shipping, transporting,
possession, or receipt of explosive materials is in furtherance of such power;
(C) Is a member of a North Atlantic
Treaty Organization (NATO) or other
friendly foreign military force, as determined by the Attorney General in
consultation with the Secretary of Defense, (whether or not admitted in a
nonimmigrant status) who is present in
the United States under military orders for training or other military purpose authorized by the United States,
and the shipping, transporting, possession, or receipt of explosive materials
is in furtherance of the military purpose; or
(D) Is lawfully present in the United
States in cooperation with the Director
of Central Intelligence, and the shipment, transportation, receipt, or possession of the explosive materials is in
furtherance of such cooperation;
(7) Has been discharged from the
armed forces under dishonorable conditions; or
(8) Having been a citizen of the
United States, has renounced citizenship.
(e) See § 555.180 for regulations concerning the prohibited manufacture,
importation, exportation, shipment,
transportation, receipt, transfer, or
possession of plastic explosives that do
not contain a detection agent.
[ATF No. 1, 68 FR 13781, Mar. 20, 2003]

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§ 555.27 Out-of-State disposition of explosive materials.
(a) No nonlicensee or nonpermittee
may distribute any explosive materials
to any other nonlicensee or nonpermittee who the distributor knows or
who has reasonable cause to believe
does not reside in the State in which
the distributor resides.
(b) The provisions of this section do
not apply on and after May 24, 2003.
[ATF No. 1, 68 FR 13782, Mar. 20, 2003]

§ 555.28 Stolen explosive materials.
No person shall receive, conceal,
transport, ship, store, barter, sell, or
dispose of any stolen explosive materials knowing or having reasonable
cause to believe that the explosive materials were stolen.
§ 555.29 Unlawful storage.
No person shall store any explosive
materials in a manner not in conformity with this part.
§ 555.30 Reporting theft or loss of explosive materials.
(a) Any licensee or permittee who has
knowledge of the theft or loss of any
explosive materials from his stock
shall, within 24 hours of discovery, report the theft or loss by telephoning 1–
800–800–3855 (nationwide toll free number) and on ATF F 5400.5 (formerly
Form 4712) in accordance with the instructions on the form. Theft or loss of
any explosive materials shall also be
reported to appropriate local authorities.
(b) Any other person, except a carrier
of explosive materials, who has knowledge of the theft or loss of any explosive materials from his stock shall,
within 24 hours of discovery, report the
theft or loss by telephoning 1–800–800–
3855 (nationwide toll free number) and
in writing to the nearest ATF office.
Theft or loss shall be reported to appropriate local authorities.
(c) Reports of theft or loss of explosive materials under paragraphs (a) and
(b) of this section must include the following information, if known:
(1) The manufacturer or brand name.
(2) The manufacturer’s marks of
identification (date and shift code).
(3) Quantity (applicable quantity
units, such as pounds of explosives,
number of detonators, etc.).
(4) Description (dynamite, blasting
agents, detonators, etc.) and United
Nations (UN) identification number,
hazard division number, and classification letter, e.g., 1.1D, as classified by
the U.S. Department of Transportation
at 49 CFR 172.101 and 173.52.
(5) Size (length and diameter).
(d) A carrier of explosive materials
who has knowledge of the theft or loss
of any explosive materials shall, within
24 hours of discovery, report the theft

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
or loss by telephoning 1–800–800–3855
(nationwide toll free number). Theft or
loss shall also be reported to appropriate local authorities. Reports of
theft or loss of explosive materials by
carriers shall include the following information, if known:
(1) The manufacturer or brand name.
(2) Quantity (applicable quantity
units, such as pounds of explosives,
number of detonators, etc.).
(3) Description (United Nations (UN)
identification number, hazard division
number, and classification letter, e.g.,
1.1D) as classified by the U.S. Department of Transportation at 49 CFR
172.101 and 173.52.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–400, 63 FR 45002, Aug.
24, 1998]

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§ 555.31 Inspection of site accidents or
fires; right of entry.
Any ATF officer may inspect the site
of any accident or fire in which there is
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.
§ 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 de-

§ 555.33

vice will be available for examination
and evaluation.
§ 555.33 Background checks and clearances (effective May 24, 2003).
(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,

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