[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR20.22]

[Page 438-439]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 20--DISTRIBUTION AND USE OF DENATURED ALCOHOL AND RUM--Table of Contents
 
                  Subpart C--Administrative Provisions
 
Sec. 20.22  Alternate methods or procedures; and emergency variations from requirements.

    (a) Alternate methods or procedures--(1) Application. A permittee, 
after receiving approval from the appropriate ATF officer, may use an 
alternate method or procedure (including alternate construction or 
equipment) in lieu of a method or procedure prescribed by this part. A 
permittee wishing to use an alternate method or procedure may

[[Page 439]]

apply to the appropriate ATF officer. The permittee shall describe the 
proposed alternate method or procedure and shall set forth the reasons 
for its use.
    (2) Approval by appropriate ATF officer. The appropriate ATF officer 
may approve the use of an alternate method or procedure if:
    (i) The applicant shows good cause for its use;
    (ii) It is consistent with the purpose and effect of the procedure 
prescribed by this part, and provides equal security to the revenue;
    (iii) It is not contrary to law; and
    (iv) It will not cause an increase in cost to the Government and 
will not hinder the effective administration of this part.
    (3) Conditions of approval. A permittee may not employ an alternate 
method or procedure until the appropriate ATF officer has approved its 
use. The permittee shall, during the terms of the authorization of an 
alternate method or procedure, comply with terms of the approved 
application.
    (b) Emergency variations from requirements--(1) Application. When an 
emergency exists, a permittee may apply to the appropriate ATF officer 
for a variation from the requirements of this part relating to 
construction, equipment, and methods of operation. The permittee shall 
describe the proposed variation and set forth the reasons for using it.
    (2) Approval by appropriate ATF officer. The appropriate ATF officer 
may approve an emergency variation from requirements if:
    (i) An emergency exists;
    (ii) The variation from the requirements is necessary;
    (iii) It will afford the same security and protection to the revenue 
as intended by the specific regulations;
    (iv) It will not hinder the effective administration of this part; 
and
    (v) It is not contrary to law.
    (3) Conditions of approval. A permittee may not employ an emergency 
variation from the requirements until the appropriate ATF officer has 
approved its use. Approval of variations from requirements are 
conditioned upon compliance with the conditions and limitations set 
forth in the approval.
    (4) Automatic termination of approval. If the permittee fails to 
comply in good faith with the procedures, conditions or limitations set 
forth in the approval, authority for the variation from requirements is 
automatically terminated and the permittee is required to comply with 
prescribed requirements of regulations from which those variations were 
authorized.
    (c) Withdrawal of approval. The appropriate ATF officer may withdraw 
approval for an alternate method or procedure, may withdraw approval for 
an emergency variation from requirements, approved under paragraph (a) 
or (b) of this section, if the appropriate ATF officer finds that the 
revenue is jeopardized or the effective administration of this part is 
hindered by the approval.

(Approved by the Office of Management and Budget under control number 
1512-0336)

(Act of August 16, 1954, Ch. 736, 68A Stat. 917 (26 U.S.C. 7805); sec. 
201, Pub. L. 85-859, 72 Stat. 1395, as amended (26 U.S.C. 5552))

[T.D. ATF-199, 50 FR 9162, Mar. 6, 1985, as amended by T.D. ATF-235, 66 
FR 5474, Jan. 19, 2001; T.D. ATF-476, 67 FR 17938, Apr. 12, 2002]