[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Rules and Regulations]
[Pages 52018-52021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21901]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Parts 6, 8, 10 and 11
[T.D. ATF-428]
RIN 1512-AC01
Delegation of Authority (99R-282P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
ACTION: Treasury Decision; Final rule.
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SUMMARY: This final rule places most ATF authorities contained in
certain ATF regulations with the ``appropriate ATF officer'' and
requires that persons file documents required by those regulations with
the ``appropriate ATF officer''. Also, this final rule removes the
definitions of, and references to, specific officers subordinate to the
Director. Concurrently with this Treasury Decision, ATF Order 1130.7 is
being published elsewhere in this issue of the Federal Register.
Through this order, the Director has delegated most of the authorities
in the affected regulations to the appropriate ATF officers and
specified the ATF officers with whom applications, notices and other
reports, which are not ATF forms, are filed.
EFFECTIVE DATE: August 28, 2000.
FOR FURTHER INFORMATION CONTACT: Robert Ruhf, Regulations Division,
Bureau of Alcohol, Tobacco and
[[Page 52019]]
Firearms, 650 Massachusetts Avenue NW, Washington, DC 20226, (202-927-
8220).
SUPPLEMENTARY INFORMATION:
Background
Pursuant to Treasury Order 120-01 (formerly 221), dated June 6,
1972, the Secretary of the Treasury delegated to the Director of the
Bureau of Alcohol, Tobacco and Firearms (ATF), the authority to
enforce, among other laws, the provisions of the Federal Alcohol
Administration (FAA) Act. The Director has subsequently redelegated
certain of these authorities to appropriate subordinate officers by way
of various means, including by regulation, ATF delegation orders,
regional directives, or similar delegation documents. As a result, to
ascertain what particular officer is authorized to perform a particular
function under the FAA Act, each of these various delegation
instruments must be consulted. Similarly, each time a delegation of
authority is revoked or redelegated, each of the delegation documents
must be reviewed and amended as necessary.
ATF has determined that this multiplicity of delegation instruments
complicates and hinders the task of determining which ATF officer is
authorized to perform a particular function. ATF also believes these
multiple delegation instruments exacerbate the administrative burden
associated with maintaining up-to-date delegations, resulting in an
undue delay in reflecting current authorities.
Accordingly, this final rule rescinds all authorities of the
Director in parts 6, 8, 10 and 11 that were previously delegated and
places those authorities with the ``appropriate ATF officer.'' Most of
the authorities of the Director that were not previously delegated are
also placed with the ``appropriate ATF officer.'' Along with this final
rule, ATF is publishing ATF Order 1130.7, Delegation Order--Delegation
of the Director's Authorities in Parts 6, 8, 10 and 11, which delegates
certain of these authorities to the appropriate organizational level.
The effect of these changes is to consolidate all delegations of
authority in parts 6, 8, 10 and 11 into one delegation instrument. This
action both simplifies the process for determining what ATF officer is
authorized to perform a particular function and facilitates the
updating of delegations in the future. As a result, delegations of
authority will be reflected in a more timely and user-friendly manner.
In addition, this final rule also amends parts 6, 8, 10 and 11 to
provide that the submission of documents other than ATF forms (such as
letterhead applications, notices and reports) must be filed with the
``appropriate ATF officer'' identified in ATF Order 1130.7. These
changes will facilitate the identification of the officer with whom
forms and other required submissions are filed.
This final rule also makes various technical amendments to 27 CFR
parts 6, 8, 10 and 11. New sections are added in each part to recognize
the authority of the Director to delegate regulatory authorities and to
identify ATF Order 1130.7 as the instrument reflecting such
delegations.
ATF has begun to make similar changes in delegations to other parts
of Title 27 of the Code of Federal Regulations through separate
rulemakings. By amending the regulations part by part, rather than in
one large rulemaking document and ATF Order, ATF minimizes the time
expended in notifying interested parties of current delegations of
authority.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR
part 1320, do not apply to this final rule because there are no new or
revised recordkeeping or reporting requirements.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for this rule,
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
do not apply.
Executive Order 12866
It has been determined that this rule is not a significant
regulatory action because it will not: (1) Have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866.
Administrative Procedure Act
Because this final rule merely makes technical amendments and
conforming changes to improve the clarity of the regulations, it is
unnecessary to issue this final rule with notice and public procedure
under 5 U.S.C. 553(b). Similarly it is unnecessary to subject this
final rule to the effective date limitation of 5 U.S.C. 553(d).
Drafting Information
The principal author of this document is Robert Ruhf, Regulations
Division, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects
27 CFR Part 6
Advertising, Alcohol and alcoholic beverages, Antitrust, Credit,
Trade agreements and Trade practices.
27 CFR Part 8
Alcohol and alcoholic beverages, Antitrust, Trade agreements and
Trade practices.
27 CFR Part 10
Alcohol and alcoholic beverages, Antitrust, Trade agreements and
Trade practices.
27 CFR Part 11
Alcohol and alcoholic beverages, Antitrust, Trade agreements and
Trade practices.
Authority and Issuance
Title 27, Code of Federal Regulations is amended to read as
follows:
PART 6--TIED HOUSE
Paragraph 1. The authority citation for part 6 continues to read as
follows:
Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C.
3504(h).
Par. 2. Section 6.5 is redesignated as Sec. 6.6.
Par. 3. A new section 6.5 is added and reads as follows:
Sec. 6.5 Delegations of the Director.
Most of the regulatory authorities of the Director contained in
this part 6 are delegated to appropriate ATF officers. These ATF
officers are specified in ATF Order 1130.7, Delegation Order--
Delegation of the Director's Authorities in 27 CFR Parts 6, 8, 10 and
11. ATF delegation orders, such as ATF Order 1130.7, are available to
any interested person by mailing a request to the ATF Distribution
Center, P.O. Box 5950, Springfield, Virginia 22150-5190, or by
accessing the ATF web site (http://www.atf.treas.gov/).
Par. 4. In newly designated Sec. 6.6, paragraph (c) is amended by
removing the words ``Deputy Associate Director
[[Page 52020]]
(Regulatory Enforcement Programs)'' each time it appears and adding in
its place the words ``appropriate ATF officer'' and by revising
paragraph (b) to read as follows:
Sec. 6.6 Administrative provisions.
* * * * *
(b) Examination and subpoena. Any appropriate ATF officer shall at
all reasonable times have access to, for the purpose of examination,
and the right to copy any documentary evidence of any person,
partnership, or corporation being investigated or proceeded against. An
appropriate ATF officer shall also have the power to require by
subpoena the attendance and testimony of witnesses and the production
of all such documentary evidence relating to any matter under
investigation, upon a satisfactory showing the requested evidence may
reasonably be expected to yield information relevant to any matter
being investigated under the Act.
* * * * *
Par. 5-6. Section 6.11 is amended by removing the definitions of
``ATF officer'' and ``Deputy Associate Director (Regulatory Enforcement
Programs)'' and by adding in alphabetically order a new definition of
``appropriate ATF officer'' to read as follows:
Sec. 6.11 Meaning of terms.
* * * * *
Appropriate ATF Officer. An officer or employee of the Bureau of
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions
relating to the administration or enforcement of this part by ATF Order
1130.7, Delegation Order--Delegation of the Director's Authorities in
27 CFR Parts 6, 8, 10 and 11.
* * * * *
PART 8--EXCLUSIVE OUTLETS
Par. 7. The authority citation for part 8 continues to read as
follows:
Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C.
3504(h).
Par. 8. Section 8.5 is redesignated as Sec. 8.6.
Par. 9. A new section 8.5 is added and reads as follows:
Sec. 8.5 Delegations of the Director.
Most of the regulatory authorities of the Director contained in
this part 8 are delegated to appropriate ATF officers. These ATF
officers are specified in ATF Order 1130.7, Delegation Order--
Delegation of the Director's Authorities in 27 CFR Parts 6, 8, 10 and
11. ATF delegation orders, such as ATF Order 1130.7, are available to
any interested person by mailing a request to the ATF Distribution
Center, P.O. Box 5950, Springfield, Virginia 22150-5190, or by
accessing the ATF web site (http://www.atf.treas.gov/).
Par. 10. Paragraph (c) of newly designated Sec. 8.6 is amended by
removing the words ``Deputy Associate Director (Regulatory Enforcement
Programs)'' each place it appears and adding, in place thereof, the
words ``appropriate ATF officer'' and revising paragraph (b) to read as
follows:
Sec. 8.6 Administrative provisions.
* * * * *
(b) Examination and subpoena. Any appropriate ATF officer shall at
all reasonable times have access to, for the purpose of examination,
and the right to copy any documentary evidence of any person,
partnership, or corporation being investigated or proceeded against. An
appropriate ATF officer shall also have the power to require by
subpoena the attendance and testimony of witnesses and the production
of all such documentary evidence relating to any matter under
investigation, upon a satisfactory showing the requested evidence may
reasonably be expected to yield information relevant to any matter
being investigated under the Act.
* * * * *
Par. 11.-12. Section 8.11 is amended by removing the definitions of
``ATF officer'' and ``Deputy Associate Director (Regulatory Enforcement
Programs)'' and by adding in alphabeltical order a new definition of
``appropriate ATF officer'' to read as follows:
Sec. 8.11 Meaning of terms.
* * * * *
Appropriate ATF Officer. An officer or employee of the Bureau of
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions
relating to the administration or enforcement of this part by ATF Order
1130.7, Delegation Order--Delegation of the Director's Authorities in
27 CFR Parts 6, 8, 10 and 11.
* * * * *
PART 10--COMMERCIAL BRIBERY
Par. 13. The authority citation for part 10 continues to read as
follows:
Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C.
3504(h).
Par. 14. Section 10.5 is redesignated as Sec. 10.6.
Par. 15. A new section 10.5 is added and reads as follows:
Sec. 10.5 Delegations of the Director.
Most of the regulatory authorities of the Director contained in
this part 10 are delegated to appropriate ATF officers. These ATF
officers are specified in ATF Order 1130.7, Delegation Order--
Delegation of the Director's Authorities in 27 CFR Parts 6, 8, 10 and
11. ATF delegation orders, such as ATF Order 1130.7, are available to
any interested person by mailing a request to the ATF Distribution
Center, P.O. Box 5950, Springfield, Virginia 22150-5190, or by
accessing the ATF web site (http://www.atf.treas.gov/).
Par. 16. Paragraph (c) of newly designated Sec. 10.6 is amended by
removing the words ``Deputy Associate Director (Regulatory Enforcement
Programs)'' each time it appears and adding in its place the words
``appropriate ATF officer,'' and paragraph (b) is revised to read as
follows:
Sec. 10.6 Administrative Provisions.
* * * * *
(b) Examination and subpoena. Any appropriate ATF officer shall at
all reasonable times have access to, for the purpose of examination,
and the right to copy any documentary evidence of any person,
partnership, or corporation being investigated or proceeded against. An
appropriate ATF officer shall also have the power to require by
subpoena the attendance and testimony of witnesses and the production
of all such documentary evidence relating to any matter under
investigation, upon a satisfactory showing the requested evidence may
reasonably be expected to yield information relevant to any matter
being investigated under the Act.
* * * * *
Par. 17-18. Section 10.11 is amended by removing the definitions of
``ATF officer'' and ``Deputy Associate Director (Regulatory Enforcement
Programs)'' and by adding in alphabetical order a new definition of
``appropriate ATF officer'' to read as follows:
Sec. 10.11 Meaning of terms.
* * * * *
Appropriate ATF Officer. An officer or employee of the Bureau of
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions
relating to the administration or enforcement of this part by ATF Order
1130.7, Delegation Order--Delegation of the Director's Authorities in
27 CFR parts 6, 8, 10 and 11.
[[Page 52021]]
PART 11--CONSIGNMENT SALES
Par. 19. The authority citation for part 11 continues to read as
follows:
Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205.
Par. 20. Section 11.5 is redesignated as Sec. 11.6.
Par. 21. A new section 11.5 is added and reads as follows:
Sec. 11.5 Delegations of the Director.
Most of the regulatory authorities of the Director contained in
this part 11 are delegated to appropriate ATF officers. These ATF
officers are specified in ATF Order 1130.7, Delegation Order--
Delegation of the Director's Authorities in 27 CFR Parts 6, 8, 10 and
11. ATF delegation orders, such as ATF Order 1130.7, are available to
any interested person by mailing a request to the ATF Distribution
Center, P.O. Box 5950, Springfield, Virginia 22150-5190, or by
accessing the ATF web site (http://www.atf.treas.gov/).
Par. 22. Paragraph (b) of newly designated Sec. 11.6 is revised to
read as follows:
Sec. 11.6 Administrative provisions.
* * * * *
(b) Examination and subpoena. Any appropriate ATF officer shall at
all reasonable times have access to, for the purpose of examination,
and the right to copy any documentary evidence of any person,
partnership, or corporation being investigated or proceeded against. An
appropriate ATF officer shall also have the power to require by
subpoena the attendance and testimony of witnesses and the production
of all such documentary evidence relating to any matter under
investigation, upon a satisfactory showing the requested evidence may
reasonably be expected to yield information relevant to any matter
being investigated under the Act.
* * * * *
Par. 23. Section 11.11 is amended by removing the definition of
``ATF officer'' and by adding in alphabetical order a new definition of
``appropriate ATF officer'' to read as follows:
Sec. 11.11 Meaning of terms.
* * * * *
Appropriate ATF Officer. An officer or employee of the Bureau of
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions
relating to the administration or enforcement of this part by ATF Order
1130.7, Delegation Order--Delegation of the Director's Authorities in
27 CFR parts 6, 8, 10 and 11.
* * * * *
Signed: May 18, 2000.
Bradley A. Buckles,
Director.
Approved: June 21, 2000.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 00-21901 Filed 8-25-00; 8:45 am]
BILLING CODE 4810-31-P