[Federal Register Volume 66, Number 23 (Friday, February 2, 2001)]
[Rules and Regulations]
[Pages 8768-8770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2782]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 170
[T.D. ATF-439]
RIN 1512-AC23
Delegation of Authority in Part 170
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
ACTION: Treasury decision, final rule.
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SUMMARY: This final rule places all ATF authorities contained in part
170, title 27 Code of Federal Regulations (CFR), with the ``appropriate
ATF officer'' and requires that persons file documents required by 27
CFR part 170, 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 1130.20 is being published. Through this Order, the Director
has delegated the authorities in 27 CFR part 170 to the appropriate ATF
officers and specified the ATF officers with whom applications,
notices, and reports that are not ATF forms are filed.
EFFECTIVE DATE: February 2, 2001.
FOR FURTHER INFORMATION CONTACT: Lisa M. Gesser, Regulations Division,
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue NW,
Washington, DC 20226, (202-927-9347) or e-mail at
[email protected].
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 chapter 51 of the Internal
Revenue Code of 1986 (IRC). The Director has subsequently redelegated
certain of these authorities
[[Page 8769]]
to appropriate subordinate officers by way of various means, including
by regulation, ATF delegation orders, regional directives, or other
delegation documents. As a result, to ascertain what particular officer
is authorized to perform a particular function under chapter 51, 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 27 CFR part 170 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 1130.20, Delegation Order--Delegation
of the Director's Authorities in Part 170, Miscellaneous Regulations
Relating To Liquor, which delegates certain of these authorities to the
appropriate organizational level. The effect of these changes is to
consolidate all delegations of authority in part 170 into one
delegation instrument. This action both simplifies the process for
determining which 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 amends part 170 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 1130.20. 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 Subpart
C of 27 CFR part 170. Specifically, the authority citation for part 170
has been removed and the authority citation for Subpart C has been
revised. In addition, a new Sec. 170.42 is added to recognize the
authority of the Director to delegate regulatory authorities in part
170 and to identify ATF Order 1130.20 as the instrument reflecting such
delegations. Also, Sec. 170.43 is amended to provide that the
instructions for an ATF form identify the ATF officer with whom it must
be filed. In addition, Sec. 170.43 is amended to correct the address to
which requests for forms should be mailed.
ATF intends to make similar changes in delegations to all other
parts of 27 CFR 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
under the Administrative Procedures Act (5 U.S.C. 553), the provisions
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.
We sent a copy of this final rule to the Chief Counsel for Advocacy of
the Small Business Administration in accordance with 26 U.S.C. 7805(f).
We received a comment about specifying the reason why the Regulatory
Flexibility Act does not apply and have addressed their concern.
Executive Order 12866
It has been determined that this final rule is not a significant
regulatory action as defined in Executive Order 12866. Accordingly,
this proposal is not subject to the analysis required by this Executive
Order.
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, because of the nature of this final
rule, good cause is found that 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 Lisa M. Gesser,
Regulations Division, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects in 27 CFR Part 170
Alcohol and alcoholic beverages, Authority delegations, Distilled
spirits, Liquors, Packaging and containers, Penalties, Reporting and
recordkeeping requirements, Seizures and forfeitures, Stills.
Authority and Issuance
Title 27, Chapter I, of the Code of Federal Regulations is amended
as follows:
PART 170--MISCELLANEOUS REGULATIONS RELATING TO LIQUOR
Paragraph 1. Remove the authority citation for part 170 and revise
the authority citation for Subpart C to read as follows:
Authority: 26 U.S.C. 5002, 5101, 5102, 5179, 5291, 5601, 5615,
5687, 7805.
Sec. 170.42 [Added]
Par. 2. Add a new Sec. 170.42 in Subpart C to read as follows:
Sec. 170.42 Delegations of the Director.
All of the regulatory authorities of the Director contained in this
part are delegated to appropriate ATF officers. These ATF officers are
specified in ATF Order 1130.20, Delegation Order--Delegation of the
Director's Authorities in 27 CFR Part 170--Miscellaneous Regulations
Relating to Liquor. ATF delegation orders, such as ATF Order 1130.20,
are available to any interested person by mailing a request to the ATF
Distribution Center, P.O. Box 5950, Springfield, Virginia 22150-5950,
or by accessing the ATF web site
(http://www.atf.treas.gov/).
Secs. 170.43, 170.47, 170.49 [Amended]
Par. 3. Amend part 170 by removing the word ``Director'' or the
words ``regional director (compliance)'' each place they appear and
add, in their place, the words ``appropriate ATF officer'' in the
following places:
a. Section 170.43(a);
b. Section 170.47(a) and (c); and
c. Section 170.49(a), (b) and (c).
Sec. 170.43 [Amended]
Par. 4. Amend Sec. 170.43 as follows:
a. Add the sentence ``The form will be filed in accordance with the
instructions for the form.'' at the end of paragraph (a);
b. Remove paragraph (b); and
c. Redesignate paragraph (c) as paragraph (b) and revise it to read
as follows:
Sec. 170.43 Forms prescribed.
* * * * *
[[Page 8770]]
(b) Forms may be requested from the ATF Distribution Center, P.O.
Box 5950, Springfield, Virginia 22150-5950, or by accessing the ATF web
site (http://www.atf.treas.gov/).
* * * * *
Sec. 170.45 [Amended]
Par. 5. Amend Sec. 170.45 by removing the definitions of ``ATF
officer'' and ``Regional director (compliance)'' and by adding and
listing alphabetically, the new definition, ``Appropriate ATF
officer,'' to read as follows:
Sec. 170.45 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
1130.20, Delegation Order--Delegation of the Director's Authorities in
27 CFR Part 170 `` Miscellaneous Regulations Relating to Liquor.
* * * * *
Sec. 170.55 [Amended]
Par. 6. In Sec. 170.55, revise paragraph (a) and the first sentence
of paragraph (c) to read as follows:
Sec. 170.55 Registry of stills and distilling apparatus.
(a) General. Every person having possession, custody, or control of
any still or distilling apparatus set up shall, immediately on its
being set up, register the still or distilling apparatus, except that a
still or distilling apparatus not used or intended for use in the
distillation, redistillation, or recovery of distilled spirits is not
required to be registered. Registration may be accomplished by
describing the still or distilling apparatus on the registration or
permit application prescribed in this chapter for qualification under
26 U.S.C. chapter 51 or, if qualification is not required under 26
U.S.C. chapter 51, on a letter application, and filing the application
with the appropriate ATF officer. Approval of the application by the
appropriate ATF officer will constitute registration of the still or
distilling apparatus.
* * * * *
(c) Change in location or ownership. Where any distilling apparatus
registered under this section is to be removed to another location,
sold or otherwise disposed of, the registrant shall, prior to the
removal or disposition, file a letter notice with the appropriate ATF
officer. * * *
Sec. 170.59 [Amended]
Par. 7. Amend the last sentence of Sec. 170.59 by adding the word
``appropriate'' in front of the words ``ATF officer.''
Signed: October 30, 2000.
Bradley A. Buckles,
Director.
Approved: December 14, 2000.
Helen B. Belt,
Acting Deputy Assistant Secretary (Regulatory, Tariff and Trade
Enforcement).
[FR Doc. 01-2782 Filed 2-1-01; 8:45 am]
BILLING CODE 4810-31-P