[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: 27CFR179.26]

[Page 1205-1206]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE 
                                TREASURY
 
PART 179--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS--Table of Contents
 
         Subpart C--Administrative and Miscellaneous Provisions
 
Sec. 179.26  Alternate methods or procedures; emergency variations from requirements.

    (a) Alternate methods or procedures. Any person subject to the 
provisions of this part, 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 
such person desires to employ an alternate method or procedure, a 
written application shall be submitted to the appropriate regional 
director (compliance), 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. 
Such person 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Authorization of any alternate method or procedure may be withdrawn 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 person granted the variance 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 a 
person desires to employ an emergency variation, a written application 
shall be submitted to the appropriate regional director (compliance) for 
transmittal to the Director. The application shall describe the proposed 
variation

[[Page 1206]]

and set forth the reasons for it. Variations may not be employed until 
the application is approved.
    (c) Retention of approved variations. The person granted the 
variance shall retain and make available for examination by ATF officers 
any application approved by the Director under this section.

[T.D. ATF-270, 53 FR 10508 Mar. 31, 1988]