[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR178.22]

[Page 1141-1142]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE 
                                TREASURY
 
PART 178--COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents
 
         Subpart C--Administrative and Miscellaneous Provisions
 
Sec. 178.22  Alternate methods or procedures; emergency variations from requirements.

    (a) Alternate methods or procedures. The licensee, on specific 
approval by the Director as provided in this paragraph, may use an 
alternate method or procedure in lieu of a method or procedure 
specifically prescribed in this part. The Director may approve an 
alternate method or procedure, subject to stated conditions, when it is 
found that:
    (1) Good cause is shown for the use of the alternate method or 
procedure;
    (2) The alternate method or procedure is within the purpose of, and 
consistent with the effect intended by, the specifically prescribed 
method or procedure and that the alternate method or procedure is 
substantially equivalent to that specifically prescribed method or 
procedure; and
    (3) The alternate method or procedure will not be contrary to any 
provision of law and will not result in an increase in cost to the 
Government or hinder the effective administration of this part. Where 
the licensee desires to

[[Page 1142]]

employ an alternate method or procedure, a written application shall be 
submitted to the appropriate Director of Industry Operations, for 
transmittal to the Director. The application shall specifically describe 
the proposed alternate method or procedure and shall set forth the 
reasons for it. Alternate methods or procedures may not be employed 
until the application is approved by the Director. The licensee shall, 
during the period of authorization of an alternate method or procedure, 
comply with the terms of the approved application. Authorization of any 
alternate method or procedure may be withdrawn whenever, in the judgment 
of the Director, the effective administration of this part is hindered 
by the continuation of the authorization.
    (b) Emergency variations from requirements. The Director may approve 
a method of operation other than as specified in this part, where it is 
found that an emergency exists and the proposed variation from the 
specified requirements are necessary and the proposed variations (1) 
will not hinder the effective administration of this part, and (2) will 
not be contrary to any provisions of law. Variations from requirements 
granted under this paragraph are conditioned on compliance with the 
procedures, conditions, and limitations set forth in the approval of the 
application. Failure to comply in good faith with the procedures, 
conditions, and limitations shall automatically terminate the authority 
for the variations, and the licensee shall fully comply with the 
prescribed requirements of regulations from which the variations were 
authorized. Authority for any variation may be withdrawn whenever, in 
the judgment of the Director, the effective administration of this part 
is hindered by the continuation of the variation. Where the licensee 
desires to employ an emergency variation, a written application shall be 
submitted to the appropriate Director of Industry Operations for 
transmittal to the Director. The application shall describe the proposed 
variation and set forth the reasons for it. Variations may not be 
employed until the application is approved.
    (c) Retention of approved variations. The licensee shall retain, as 
part of the licensee's records, available for examination by ATF 
officers, any application approved by the Director under this section.

[T.D. ATF-270, 53 FR 10492, Mar. 31, 1988]