[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Rules and Regulations]
[Pages 11889-11892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5360]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 4, 5, 7 and 16

[T.D. ATF-425]
RIN 1512-AB98


Delegation of Authority (99R-247P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.

ACTION: Treasury Decision, Final rule.

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SUMMARY: Authority delegation. This final rule places most ATF 
authorities contained in parts 4, 5, and 7, title 27 Code of Federal 
Regulations (CFR), with the ``appropriate ATF officer'' and requires 
that persons file documents required by parts 4, 5, and 7, title 27 
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 1130.2A 
is being published. Through this order, the Director has delegated most 
of the authorities in 27 CFR parts 4, 5 and 7 to the appropriate ATF 
officers and specified the ATF officers with whom applications, notices 
and other reports that are not ATF forms are filed. Finally, this final 
rule removes the definition of, and a reference to, the Director in 
part 16, title 27 CFR.

DATES: Effective March 7, 2000.

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 parts 4, 5, and 7 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 1130.2A, Delegation Order--Delegation 
of the Director's Authorities in 27 CFR parts 4, 5 and 7, Labeling and 
Advertising of Wine, Distilled Spirits and Malt Beverages, 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 4, 5 and 7 into one delegation 
instrument. This action both

[[Page 11890]]

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.
    To conform to these changes, this final rule removes the definition 
of ``Director'' and the one reference to the Director in part 16. The 
reference to the Director is found in 27 CFR 16.30. This section states 
that certificates of label/bottle approval or exemption from label 
approval are issued pursuant to parts 4, 5, and 7.
    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 parts 4, 5 
and 7 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 1130.2A. 
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 subparts 
A of 27 CFR parts 4, 5 and 7. First, new sections are added in each 
part to recognize the authority of the Director to delegate regulatory 
authorities and to identify ATF Order 1130.2A as the instrument 
reflecting such delegations. Second, various sections are amended in 
each part to provide that the instructions for an ATF form identify the 
ATF officer with whom it must be filed.
    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 4

    Advertising, Authority delegations, Consumer protection, Customs 
duties and inspection, Imports, Labeling, Packaging and Containers, 
Reporting and recordkeeping requirements, Wine.

27 CFR Part 5

    Advertising, Authority delegations, Consumer protection, Customs 
duties and inspection, Imports, Labeling, Liquors, Packaging and 
Containers, Reporting and recordkeeping requirements.

27 CFR Part 7

    Advertising, Authority delegations, Beer, Consumer protection, 
Customs duties and inspection, Imports, Labeling, Packaging and 
Containers, Reporting and recordkeeping requirements.

27 CFR Part 16

    Alcohol and alcoholic beverages, Consumer protection, Customs 
duties and inspection, Health, Imports.

Authority and Issuance

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

PART 4--LABELING AND ADVERTISING OF WINE

    Paragraph 1. The authority citation for part 4 continues to read as 
follows:

    Authority: 27 U.S.C. 205, unless otherwise noted. Secs. 4.3, 
4.21, 4.23, 4.24, 4.33, 4.37, 4.38, 4.39, 4.40, 4.50, 4.52, and 4.64 
[Amended]


    Par. 2. In part 4 remove the word ``Director'' each place it 
appears and add, in substitution, the words ``appropriate ATF officer'' 
in the following places:
    (a) Section 4.3(a);
    (b) Section 4.21(b)(3)(iii);
    (c) Section 4.23(c)(2);
    (d) Section 4.24(a)(1) and (c)(1);
    (e) Section 4.33(b);
    (f) Section 4.37(c);
    (g) Section 4.38(h);
    (h) Section 4.39(a)(4) and (5), (d), (g), (i)(2)(iii) and (3), and 
(j);
    (i) Section 4.40(c);
    (j) Section 4.50(b);
    (k) Section 4.52; and
    (l) Section 4.64(a)(4) and (5).
    Par. 3. Section 4.3 is amended by adding a sentence at the end of 
paragraph (a) and revising paragraph (b) to read as follows:


Sec. 4.3  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, PO Box 
5950, Springfield, Virginia 22153-5190, or by accessing the ATF web 
site (http://www.atf.treas.gov/).
* * * * *
    Par. 4. A new Sec. 4.4 is added to Subpart A to read as follows:


Sec. 4.4  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in 
this Part 4 are delegated to appropriate ATF officers. These ATF 
officers are specified in ATF Order 1130.2A, Delegation Order--
Delegation of the Director's Authorities in 27 CFR parts 4, 5 and 7, 
Labeling and Advertising of Wine, Distilled Spirits and Malt Beverages. 
ATF delegation orders, such as ATF Order 1130.2A, are available to any 
interested person by mailing a request to the ATF Distribution Center, 
PO Box 5950,

[[Page 11891]]

Springfield, Virginia 22150-5190, or by accessing the ATF web site 
(http://www.atf.treas.gov/).
    Par. 5. Section 4.10 is amended by removing the definition 
``Regional director (compliance)'', and by adding a new definition of 
``Appropriate ATF officer'' to read as follows:


Sec. 4.10  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 
1130.2A, Delegation Order--Delegation of the Director's Authorities in 
27 CFR part 4, 5 and 7, Labeling and Advertising of Wine, Distilled 
Spirits and Malt Beverages.
* * * * *
    Par. 6. The first and last sentences of paragraph (b)(1) of 
Sec. 4.24 are amended to remove the words ``Director'' and 
``Director's'', respectively, and by adding, in substitution, the 
phrases ``appropriate ATF officer'' and ``appropriate ATF officer's''.
    Par. 7. Paragraph (b)(1) of Sec. 4.30 is amended to remove the 
words ``Regional director (compliance)'' and adding, in substitution, 
the words ``appropriate ATF officer''.
    Par. 8. Paragraph (a) of Sec. 4.50 is amended by removing the words 
``application is made to the Director and'' and adding to the end of 
the sentence the phrase ``by the appropriate ATF officer''.

PART 5--LABELING AND ADVERTISING OF DISTILLED SPIRITS

    Par. 9. The authority citation for part 5 continues to read as 
follows:

    Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 205. Secs. 5.3, 5.22, 
5.23, 5.26, 5.28, 5.34, 5.35, 5.36, 5.38, 5.42, 5.46, 5.51, 5.55 and 
5.65 [Amended]

    Par. 10. In part 5 remove the word ``Director'' each place it 
appears and add, in substitution, the words ``appropriate ATF officer'' 
in the following places:
    (a) Section 5.3(a);
    (b) Section 5.22(k)(1) and (2), and (l)(2);
    (c) Section 5.26(b);
    (d) Section 5.28, introductory text;
    (e) Section 5.34(a);
    (f) Section 5.35(a);
    (g) Section 5.36(d);
    (h) Section 5.38(c);
    (i) Section 5.42(a)(4) and (5), and (b)(7);
    (j) Section 5.46(d)(1);
    (k) Section 5.51(c);
    (l) Section 5.55(a), (b) and (c); and
    (m) Section 5.65(a)(4) and (5), and (g).
    Par. 11. Section 5.3 is amended by adding a sentence at the end of 
paragraph (a) and revising paragraph (b) to read as follows:


Sec. 5.3  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, PO Box 
5950, Springfield, Virginia 22153-5190, or by accessing the ATF web 
site (http://www.atf.treas.gov/).
* * * * *
    Par. 12. A new Sec. 5.4 is added to Subpart A to read as follows:


Sec. 5.4  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in 
this part 5 are delegated to appropriate ATF officers. These ATF 
officers are specified in ATF Order 1130.2A, Delegation Order--
Delegation of the Director's Authorities in 27 CFR parts 4, 5 and 7, 
Labeling and Advertising of Wine, Distilled Spirits and Malt Beverages. 
ATF delegation orders, such as ATF Order 1130.2A, are available to any 
interested person by mailing a request to the ATF Distribution Center, 
PO Box 5950, Springfield, Virginia 22150-5190, or by accessing the ATF 
web site (http://www.atf.treas.gov/).
    Par. 13. Section 5.11 is amended by removing the definition ``Area 
supervisor'', and by adding a new definition of ``Appropriate ATF 
officer'' to read as follows:


Sec. 5.11  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 
1130.2A, Delegation Order--Delegation of the Director's Authorities in 
27 CFR part 4, 5 and 7, Labeling and Advertising of Wine, Distilled 
Spirits and Malt Beverages.
* * * * *
    Par. 14. The first sentence of paragraph (a) of Sec. 5.26 is 
amended by removing the phrase ``with the Director''.
    Par. 15. Paragraph (c) of Sec. 5.32 is amended by removing the 
phrase ``by the Director''.
    Par. 16. Paragraph (g) of Sec. 5.33 is amended by removing the 
words ``Director or regional director (compliance)'' and adding, in 
substitution, the words ``appropriate ATF officer''.
    Par. 17. Paragraph (f) of Sec. 5.36 is revised as follows:


Sec. 5.36  Name and address.

* * * * *
    (f) Trade names. The trade name of any permittee appearing on any 
label must be identical to the trade name listed on the permittee's 
basic permit.
* * * * *

PART 7--LABELING AND ADVERTISING OF MALT BEVERAGES

    Par. 18. The authority citation for part 7 continues to read as 
follows:

    Authority: 27 U.S.C. 205. Secs. 7.3, 7.23, 7.24, 7.25, 7.29, 
7.31, 7.54 [Amended]

    Par. 19. In part 7 remove the word ``Director'' each place it 
appears and add, in substitution, the words ``appropriate ATF officer'' 
in the following places:
    (a) Section 7.3(a);
    (b) Section 7.23(b);
    (c) Section 7.24(g);
    (d) Section 7.25(a);
    (e) Section 7.29(a)
    (4) and (5), and (d);
    (f) Section 7.31(c); and
    (g) Section 7.54(a)(4) and (5).
    Par. 20. Section 7.3 is amended by adding a sentence at the end of 
paragraph (a) and revising paragraph (b) to read as follows:


Sec. 7.3  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/).
* * * * *
    Par. 21. A new Sec. 7.5 is added to subpart A to read as follows:


Sec. 7.5  Delegations of the Director.

    Most of the regulatory authorities of the Director contained in 
this Part 7 are delegated to appropriate ATF officers. These ATF 
officers are specified in ATF Order 1130.2A, Delegation Order--
Delegation of the Director's Authorities in 27 CFR parts 4, 5 and 7, 
Labeling and Advertising of Wine, Distilled Spirits and Malt Beverages. 
ATF delegation orders, such as ATF Order 1130.2A, are available to any 
interested person by mailing a request to the ATF Distribution Center, 
PO Box 5950, Springfield, Virginia 22150-5190, or by accessing the ATF 
web site (http://www.atf.treas.gov/).
    Par. 22. Section 7.10 is amended by removing the definition 
``Regional director (compliance)'', and by adding a

[[Page 11892]]

new definition of ``Appropriate ATF officer'' to read as follows:


Sec. 7.10  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 
1130.2A, Delegation Order--Delegation of the Director's Authorities in 
27 CFR part 4, 5 and 7, Labeling and Advertising of Wine, Distilled 
Spirits and Malt Beverages.
* * * * *
    Par. 23. The second sentence of paragraph (c)(1) of Sec. 7.20 is 
amended by removing the words ``regional director (compliance)'' and 
adding, in substitution, the words ``appropriate ATF officer''.
    Par. 24. The first sentence of paragraph (f) of Sec. 7.24 is 
amended by removing the phrase ``by the Director''.
    Par. 25. Paragraph (a) of Sec. 7.41 is revised to read as follows:


Sec. 7.41  Certificates of label approval.

    (a) Requirement. No person may bottle or pack malt beverages, or 
remove malt beverages from the plant where bottled or packed unless an 
approved certificate of label approval, ATF Form 5100.31, is issued.
* * * * *

PART 16--ALCOHOLIC BEVERAGE HEALTH WARNING STATEMENT

    Par. 26. The authority citation for Part 16 continues to read as 
follows:

    Authority: 27 U.S.C. 205, 215, 218; 28 U.S.C. 2461 note.

    Par. 27. Section 16.10 is amended by removing the definition of 
``Director.''
    Par. 28.  Section 16.30 is amended by removing the phrase ``by the 
Director''.

    Signed: August 12, 1999.
John W. Magaw,
Director.
    Approved: January 3, 2000.
Dennis M. O'Connell,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 00-5360 Filed 3-6-00; 8:45 am]
BILLING CODE 4810-31-P