[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: 27CFR24.25]

[Page 534-535]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 24--WINE--Table of Contents
 
         Subpart C--Administrative and Miscellaneous Provisions
 
Sec. 24.25  Emergency variations from requirements.

    (a) General. The appropriate ATF officer may approve construction, 
equipment, and methods of operation other than as specified in this 
part, when in the judgment of such officer an emergency exists, the 
proposed variations from the specified requirements are necessary, and 
the proposed variations:

[[Page 535]]

    (1) Will afford the security and protection to the revenue intended 
by the prescribed specifications;
    (2) Will not hinder the effective administration of this part; and
    (3) Will not be contrary to any provisions of law.
    (b) Application. The proprietor must submit a written application to 
the appropriate ATF officer within 24 hours of any temporary approval 
granted under paragraph (c) of this section, which describes the 
proposed variation, and sets forth the reasons therefor.
    (c) Temporary approval. The proprietor who desires to employ an 
emergency variation from requirements must contact the appropriate ATF 
officer and request temporary approval until the written application, 
required by paragraph (b) of this section, is acted upon. The 
appropriate ATF officer will be a subordinate of the ATF officer 
designated in paragraph (a) of this section. Where the emergency 
threatens life or property, the proprietor may take immediate action to 
correct the situation without prior notification; however, the 
proprietor must promptly contact the appropriate ATF officer and file 
with that officer a report concerning the emergency and the action taken 
to correct the situation.
    (d) Conditions. The proprietor must, during the period of variation 
from requirements granted under this section, comply with the terms of 
the approved application. A failure to comply in good faith with any 
procedures, conditions, and limitations will automatically terminate the 
authority for a variation. Upon termination of the variation, the 
proprietor must fully comply with requirements of regulations for which 
the variation was authorized. Authority for any variation may be 
withdrawn whenever in the judgment of the appropriate ATF officer the 
revenue is jeopardized or the effective administration of this part is 
hindered by the continuation of the variation.

[T.D. ATF-409, 64 FR 13684, Mar. 22, 1999]