[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Rules and Regulations]
[Pages 49984-49985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23618]



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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 1

[T.D. ATF-416]
RIN 1512-AB94


Delegation of Authority (99R-159P)

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 part 
1, title 27 Code of Federal Regulations (CFR), with the ``appropriate 
ATF officer'' and requires that persons file documents required by part 
1, title 27 Code of Federal Regulations (CFR), with the ``appropriate 
ATF officer'' or in accordance with the instructions on the ATF form. 
Also, this final rule removes the definitions of, and references to, 
specific officers subordinate to the Director. Concurrently with this 
Treasury Decision, ATF Order 1130.6 is being published. Through this 
order, the Director has delegated most of the authorities in 27 CFR 
part 1 to the appropriate ATF officers and specified the ATF officers 
with whom applications, notices and other reports that are not ATF 
forms are filed.

DATES: This rule is effective September 15, 1999.

FOR FURTHER INFORMATION CONTACT: Robert Ruhf, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue NW, 
Washington, DC 20226 (202-927-8210).

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 part 1 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 1130.6, Delegation Order--Delegation 
of the Director's Authorities in Part 1, Basic Permit Requirements 
Under the Federal Alcohol Administration Act, Nonindustrial Use of 
Distilled Spirits and Wine, Bulk Sales and Bottling of Distilled 
Spirits, 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 1 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 eliminates all references in the 
regulations that identify the ATF officer with whom an ATF form is 
filed. This is because ATF forms will indicate the officer with whom 
they must be filed. Similarly, this final rule also amends part 1 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 1130.6. These 
changes will facilitate the identification of the officer with whom 
forms and other required submissions are filed.
    This final rule also makes three various technical amendments to 
Subpart A--Scope of 27 CFR part 1. First, a new section is added to 
recognize the authority of the Director to delegate regulatory 
authorities in part 1 and to identify ATF Order 1130.6 as the 
instrument reflecting such delegations. Second, Sec. 1.3 is amended to 
provide that the instructions for an ATF form identify the ATF officer 
with whom it must be filed. Third, references to ATF Form 5100.18 are 
amended to remove its previous form number cited in parentheses.
    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. A copy of this final rule was submitted to the Chief 
Counsel for Advocacy of the Small Business Administration in accordance 
with 26 U.S.C. 7805(f). No comments were received.

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).

[[Page 49985]]

    Drafting information. The principal author of this document is 
Robert Ruhf, Regulations Division, Bureau of Alcohol, Tobacco and 
Firearms.

List of Subjects in 27 CFR Part 1

    Administrative practices and procedures, Alcohol and alcoholic 
beverages, Authority delegations, Imports, Liquors, Warehouses, Wine.

Authority and Issuance

    Title 27, part 1 of the Code of Federal Regulations is amended as 
follows:

PART 1--BASIC PERMIT REQUIREMENTS UNDER THE FEDERAL ALCOHOL 
ADMINISTRATION ACT, NONINDUSTRIAL USE OF DISTILLED SPIRITS AND 
WINE, AND BULK SALES AND BOTTLING OF DISTILLED SPIRITS

    1. The authority citation for part 1 continues to read as follows:

    Authority: 27 U.S.C. 203, 204, 206, and 211 unless otherwise 
noted.

    2. In Section 1.3 paragraph (a) is amended by removing the word 
``Director'' and adding, in substitution, the phrase ``appropriate ATF 
officer'', and by adding a sentence at the end of paragraph (a) and 
paragraph (b) is revised to read as follows:


Sec. 1.3  Forms prescribed.

    (a)* * * The form will be filed in accordance with the instructions 
for the form.
    (b) Forms may be requested from the ATF Distribution Center, P.O. 
Box 5950, Springfield, Virginia 22153-5190, or by accessing the ATF web 
site (http://www.atf.treas.gov/).
    3-4. Redesignate Sec. 1.4 as Sec. 1.10.
    5. A new Sec. 1.4 is added to Subpart A and reads as follows:


Sec. 1.4  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in 
this part 1 are delegated to appropriate ATF officers. These ATF 
officers are specified in ATF Order 1130.6, Delegation Order--
Delegation of the Director's Authorities in Part 1, Basic Permit 
Requirements Under the Federal Alcohol Administration Act, 
Nonindustrial Use of Distilled Spirits and Wine, Bulk Sales and 
Bottling of Distilled Spirits. ATF delegation orders, such as ATF Order 
1130.6, 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/
).
    6. Section 1.10 is amended by removing the definitions of ``ATF 
officer'' and ``Regional director (compliance)'', by revising the 
definitions of ``Applicant'' and ``Basic permit'', and by adding a new 
definition of ``Appropriate ATF officer'' to read as follows:


Sec. 1.10  Meaning of terms.

* * * * *
    Applicant. Any person who has filed an application for a basic 
permit under the Federal Alcohol Administration Act with the 
appropriate ATF officer.
    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 
1130.6, Delegation Order--Delegation of the Director's Authorities in 
27 CFR Part 1, Basic Permit Requirements Under the Federal Alcohol 
Administration Act, Nonindustrial Use of Distilled Spirits and Wine, 
Bulk Sales and Bottling of Distilled Spirits.
* * * * *
    Basic permit. A document issued under the Act authorizing a person 
to engage in activities at a particular location.
* * * * *
    Secs. 1.24, 1.27, 1.31, 1.42, 1.50, 1.51, 1.52, and 1.55
    7. In part 1 remove the words ``regional director (compliance)'' 
each place it appears and add, in substitution, the words ``appropriate 
ATF officer'' in the following places:
    (a) Section 1.24 introductory text;
    (b) Section 1.27;
    (c) Section 1.31;
    (d) Section 1.42;
    (f) Section 1.50;
    (g) Section 1.51;
    (h) Section 1.52; and
    (i) Section 1.55.
    8. Section 1.25 is revised to read as follows:


Sec. 1.25  General.

    Applications for basic permits to engage in any of the operations 
set forth in Secs. 1.20 to 1.22 must be made on ATF Form 5100.24, 
5170.4 or 5100.18, verified as required by Sec. 1.56, and will be 
accompanied by such affidavits, documents, and other supporting data, 
as the appropriate ATF officer may require. The application will 
include all data, written statements, affidavits, documents, or other 
evidence submitted in support of the application, or upon a hearing.
    9. Section 1.29 is revised to read as follows:


Sec. 1.29  Individual plant or premises.

    An application for a basic permit must be filed, and permit issued, 
to cover each individual plant or premises where any of the businesses 
specified in section 103 of the Act is engaged in.
    10. The last sentence of Sec. 1.30 is amended by removing the comma 
after ``(1534)'' and ``in triplicate, and submitted to the regional 
director (compliance)'' and by adding in its place a period.
    11. Section 1.35 is revised to read as follows:


Sec. 1.35  Authority to issue, amend, deny, suspend, revoke, or annul 
basic permits.

    The authority and power of issuing, amending, or denying basic 
permits, or amendments thereof, is conferred upon the appropriate ATF 
officer except as to agency initiated curtailment. The Director, upon 
consideration of appeals on petitions for review in part 200 of this 
chapter, may order the appropriate ATF officer to issue, deny, suspend, 
revoke, or annul basic permits.


Secs. 1.40, 1.41  Amended

    12. Part 1 is further amended by removing ``(1643), with the 
regional director (compliance),'' each place it appears in the 
following places:
    (a) Section 1.40; and
    (b) Section 1.41.
    13. Section 1.56 is revised to read as follows:


Sec. 1.56  Oaths and affirmations.

    A document must be verified by an oath or affirmation taken before 
a person authorized by the laws of the United States or by State or 
local law to administer oaths or affirmations in the jurisdiction where 
the document is executed when required by:
    (a) Regulation; or
    (b) An appropriate ATF officer.
    14. Section 1.58 is amended by adding the word ``appropriate'' 
before the words ``ATF officers.''
    15. The introductory text and paragraph (c) of Sec. 1.59 are 
amended by removing the words ``regional director (compliance)'' and 
``regional director's (compliance)'' each place they appear and adding, 
in substitution, the words ``appropriate ATF officer'' and 
``appropriate ATF officer's'', respectively.

    Signed: July 7, 1999.
John W. Magaw,
Director.
    Approved: August 13, 1999.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 99-23618 Filed 9-14-99; 8:45 am]
BILLING CODE 4810-31-P