[Federal Register Volume 66, Number 13 (Friday, January 19, 2001)]
[Rules and Regulations]
[Pages 5472-5476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1163]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 20, 21 and 22

[T.D. ATF-435]
RIN 1512-AC13


Delegation of Authority for Parts 20, 21 and 22

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 parts 
20, 21 and 22, title 27 Code of Federal Regulations (CFR), with the 
``appropriate ATF officer'' and requires that persons file documents 
required by such parts, with the ``appropriate ATF officer'' or in 
accordance with the instructions for the ATF form. Also, this final 
rule removes the definitions of, and references to, specific officers 
subordinate to the Director and the word ``region.'' Concurrently with 
this Treasury Decision, ATF Order 1130.9 is being published. Through 
this order, the Director has delegated all of the authorities in 27 CFR 
parts 20, 21 and 22 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: This rule is effective January 19, 2001.

FOR FURTHER INFORMATION CONTACT: Robert Ruhf, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW., 
Washington, DC 20226 (telephone 202-927-8210 or e-mail to 
[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 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 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 parts 20, 21 and 22 that were previously delegated and 
places those authorities with the ``appropriate ATF officer.'' All 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 1130.9, Delegation Order--Delegation 
of the Director's Authorities in 27 CFR Parts 20, 21 and 22, Distilled 
Spirits Plants, 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 20, 21 and 22 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 parts 20, 21 
and 22 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 1130.9. 
These changes will facilitate the

[[Page 5473]]

identification of the officer with whom forms and other required 
submissions are filed.
    This final rule also makes various technical amendments to parts 
20, 21 and 22 of Title 27 of the Code of Federal Regulations. First, 
new sections are added in each part to recognize the authority of the 
Director to delegate regulatory authorities and to identify ATF Order 
1130.9 as the instrument reflecting such delegations. Second, 
Sec. 20.21, 21.2, 22.21 of Title 27 of the Code of Federal Regulations 
are amended to provide that the instructions for an ATF form identify 
the ATF officer with whom it must be filed. Third, this rule removes 
from part 22 of Title 27 of the Code of Federal Regulations the 
definition of the term ``delegate.'' This term is used only in the 
definition of Secretary in part 22 of Title 27 of the Code of Federal 
Regulations. We have removed the definition of ``delegate'' to be 
consistent with most other parts of Title 27 of the Code of Federal 
Regulations and to minimize potential confusion and misunderstanding 
with the appropriate ATF officers to whom the Director has delegated 
authority.
    ATF has begun to make similar changes in delegations to all 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, Pub. L. 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, we can 
issue this final rule without the notice and public procedure under 5 
U.S.C. 553(b). For these same reasons, we are issuing this final rule 
effective on the same date of its publication in the Federal Register. 
This final rule is not subject 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 20

    Administrative practice and procedure, Advertising, Alcohol and 
alcoholic beverages, Authority delegations (Government agencies), 
Chemicals, Claims, Cosmetics, Excise taxes, Packaging and containers, 
Reporting and recordkeeping requirements, Security measures, Surety 
bonds, Transportation.

27 CFR Part 21

    Administrative practice and procedure, Alcohol and alcoholic 
beverages, Authority delegations (Government agencies), Chemicals, 
Packaging and containers, Transportation.

27 CFR Part 22

    Administrative practice and procedure, Alcohol and alcoholic 
beverages, Authority delegations (Government agencies), Claims, Excise 
taxes, Packaging and containers, Reporting and recordkeeping 
requirements, Security measures, Science and technology, Surety bonds, 
Transportation.

Authority and Issuance

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

PART 20--DISTRIBUTION AND USE OF DENATURED ALCOHOL AND RUM

    Paragraph 1. The authority citation for part 20 continues to read 
as follows:


    Authority: 20 U.S.C. 5001, 5206, 5214, 5271-5275, 5311, 5552, 
5555, 5607, 6065, 7805.

    Par. 2. Section 20.11 is amended by removing the definitions of 
``Area supervisor'', ``ATF Officer'', ``Region'', and ``Regional 
director (compliance)'', by adding a new definition of ``Appropriate 
ATF officer'', and by revising the definition of ``Bulk conveyance'' to 
read as follows:


Sec. 20.11  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 
1130.9, Delegation Order--Delegation of the Director's Authorities in 
27 CFR Parts 20, 21 and 22.
* * * * *
    Bulk conveyance. Any tank car, tank truck, tank ship, or tank 
barge, or a compartment of any such conveyance, or any other container 
approved by the appropriate ATF officer for the conveyance of 
comparable quantities of denatured spirits or articles.
* * * * *

    Par. 3. In Subpart C--Administrative and Miscellaneous Provisions 
after the undesignated center heading ``Authorities'', a new Sec. 20.20 
is added as follows:


Sec. 20.20  Delegations of the Director.

    All of the regulatory authorities of the Director contained in this 
Part 20 are delegated to appropriate ATF officers. These ATF officers 
are specified in ATF Order 1130.9, Delegation Order--Delegation of the 
Director's Authorities in 27 CFR Parts 20, 21 and 22. ATF delegation 
orders, such as ATF Order 1130.9, 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. 20.21, 20.22, 20.23, 20.48, 20.91, 20.92, 20.100, 20.103, 20.111, 
20.144, 20.177, 20.211, 20.245 and 20.246  [Amended]

    Par. 4. Part 20 is further amended by removing the word 
``Director'' each place it appears and adding, in its place, the words 
``appropriate ATF officer'' in the following places:
    (a) Section 20.21(a);

[[Page 5474]]

    (b) Section 20.22(a)(2), (3) and (4), and (c);
    (c) Section 20.23;
    (d) Section 20.48(b) and (c);
    (e) Section 20.91(a) and (c);
    (f) Section 20.92(a) and (b);
    (g) Section 20.100(a) introductory text;
    (h) Section 20.103;
    (i) Section 20.111;
    (j) Section 20.144;
    (k) Section 20.178(c)(1);
    (l) Section 20.211(b);
    (m) Section 20.245; and
    (n) Section 20.246.

    Par. 5. Section 20.21 is further amended by adding a sentence at 
the end of paragraph (a) and revising paragraph (b) to read as follows:


Sec. 20.21  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 22150-5950, or by accessing the ATF web 
site (http://www.atf.treas.gov/).
    Par. 6. The first and second sentences of Sec. 20.22(a)(1) are 
revised to read as follows:


Sec. 20.22  Alternate methods or procedures; and emergency variations 
from requirements.

    (a) Alternate methods or procedures--(1) Application. A permittee, 
after receiving approval from the appropriate ATF officer, may use an 
alternate method or procedure (including alternate construction or 
equipment) in lieu of a method or procedure prescribed by this part. A 
permittee wishing to use an alternate method or procedure may apply to 
the appropriate ATF officer. * * *
* * * * *


Sec. 20.22; 20.24, 20.26, 20.28, 20.41, 20.42, 20.43, 20.44, 20.48, 
20.50, 20.51, 20.56, 20.57, 20.60, 20.61, 20.62, 20.63, 20.64, 20.68, 
20.72, 20.74, 20.79, 20.80, 20.82, 20.132, 20.133, 20.134, 20.161, 
20.163, 20.164, 20.181, 20.202, 20.204, 20.205, 20.213, 20.234, 20.235, 
20.252, 20.261, 20.262, 20.263 and 20.265  [Amended]

    Par. 7. Part 20 is further amended by removing the words ``regional 
director (compliance)'' each place it appears and adding, in 
substitution, the words ``appropriate ATF officer'' in the following 
places:
    (a) Section 20.22(b)(1), (2) and (3);
    (b) Section 20.24;
    (c) Section 20.26;
    (d) Section 20.28(b);
    (e) Section 20.41(c) introductory text;
    (f) Section 20.42(a)(11) and (b);
    (g) Section 20.43(a) introductory text;
    (h) Section 20.44 introductory text;
    (i) Section 20.48(b);
    (j) Section 20.50;
    (k) Section 20.51 introductory text;
    (l) Section 20.56(a)(1), (b) and (c)(1) and (3);
    (m) Section 20.57(b)(1) and (2);
    (n) Section 20.60;
    (o) Section 20.61;
    (p) Section 20.62(a);
    (q) Section 20.63(a);
    (r) Section 20.64;
    (s) Section 20.68(a) introductory text;
    (t) Section 20.72(b);
    (u) Section 20.74;
    (v) Section 20.79;
    (w) Section 20.80;
    (x) Section 20.82;
    (y) Section 20.132(c);
    (z) Section 20.133(a) introductory text and (b);
    (aa) Section 20.134(c);
    (bb) Section 20.161(c)(3);
    (cc) Section 20.163(c)(2);
    (dd) Section 20.164(e);
    (ee) Section 20.181(a);
    (ff) Section 20.202(a);
    (gg) Section 20.204(b);
    (hh) Section 20.205(f);
    (ii) Section 20.213(a) and (b);
    (jj) Section 20.234(b)(3);
    (kk) Section 20.235(c);
    (ll) Section 20.252(a);
    (mm) Section 20.261;
    (nn) Section 20.262(d);
    (oo) Section 20.263(d); and
    (pp) Section 20.265(b).

    Par. 8. Section 20.22(c) is amended by removing the phrase ``or the 
regional director (compliance)'' each place it appears.

    Par. 9. Section 20.25 is revised to read as follows:


Sec. 20.25  Permits.

    The appropriate ATF officer must issue permits for the United 
States or a Governmental agency as provided in Sec. 20.241 and 
industrial alcohol user permits, Form 5150.9, required under this part.


Sec. 20.27, 20.28, 20.37, 20.117, 20.166, 20.170, 20.213, 20.261, 
20.262, 20.263 and 20.265  [Amended].

    Par. 10. Part 20 is further amended by adding the word 
``appropriate'' before the words ``ATF officer'' or ``ATF officers'' 
each place it appears in the following places:
    (a) Section 20.27;
    (b) Section 20.28(a);
    (c) Section 20.37;
    (d) Section 20.117(d)(2)(iv);
    (e) Section 20.166;
    (f) Section 20.170;
    (g) Section 20.213(b);
    (h) Section 20.261;
    (i) Section 20.262(c);
    (j) Section 20.263(c); and
    (k) Section 20.265(a) introductory text.

    Par. 11. The last sentence of Sec. 20.45(c)(1) is revised to read 
as follows:


Sec. 20.45  Organizational Documents.

* * * * *
    (c) Statement of interest. (1) * * * If a corporation is wholly 
owned or controlled by another corporation, persons owning 10% or more 
of each of the classes of stock of the parent corporation are 
considered to be the persons interested in the business of the 
subsidiary, and the names and addresses of such persons must be 
submitted to the appropriate ATF officer if specifically requested.
* * * * *


Secs. 20.53 and 20.205  [Amended]

    Par. 12. Part 20 is further amended by removing the phrase ``with 
the regional director (compliance)'' each place it appears in the 
following places:
    (a) Section 20.53; and
    (b) Section 20.205 introductory text.

    Par. 13. The first sentence of Sec. 20.62(a) is amended to remove 
the phrase ``within the same region''.

    Par. 14. Paragraph (c) of Sec. 20.92 is revised to read as follows:


Sec. 20.92  Samples.

* * * * *
    (c) The appropriate ATF officer may, at any time, require 
submission of samples of:
    (1) Any ingredient used in the manufacture of an article, or;
    (2) Any article.
* * * * *

    Par. 15. Paragraph (a) of Sec. 20.95 is amended to remove the 
phrase ``on request by the Director''.

    Par. 16. Paragraph (b) of Sec. 20.100 is revised to read as 
follows:


Sec. 20.100  General.

* * * * *
    (b) Approval by the appropriate ATF officer of formulas, samples, 
or statements of process means only that they meet the standards of the 
Bureau of Alcohol, Tobacco and Firearms. The approval does not require 
the issuance of a permit under subpart D of this part to withdraw and 
use specially denatured spirits in those formulas, articles, or 
statements of process.
* * * * *

    Par. 17. Paragraph (d)(2)(v) of Sec. 20.117 is amended by removing 
the phrase ``which may be conditions of approval by the regional 
director (compliance)''.

[[Page 5475]]


    Par. 18. Paragraph (b)(1)(ii) of Sec. 20.134 is amended by removing 
the phrase ``regional director (compliance) of the region where the 
manufacturing site is located'' and adding in substitution, the words 
``appropriate ATF officer''.
    Par. 19. Paragraph (b) of Sec. 20.147 is amended by removing the 
word ``Director's'' and adding, in substitution, the words 
``appropriate ATF officer's.''

    Par. 20. Paragraph (e) of Sec. 20.189 is amended by removing the 
phrase ``by the Director'' and adding, in substitution, the phrase ``in 
accordance with subpart F of this part''.

    Par. 21. Section 20.190 is revised to read as follows:


Sec. 20.190  Diversion of articles for internal human use or beverage 
use.

    An appropriate ATF officer who has reason to believe that the 
spirits in any article are being reclaimed or diverted to beverage or 
internal human use may direct the permittee to modify an approved 
formula to prevent the reclamation or diversion. The appropriate ATF 
officer may require the permittee to discontinue the use of the formula 
until it has been modified and again approved.

    Par. 22. The second sentence of Sec. 20.241 is amended to remove 
the phrase ``from the Director'' and adding, in substitution, the 
phrase ``as provided in Sec. 20.25''.

    Par. 23. The first sentence of Sec. 20.242(b) is amended by 
removing the phrase ``to the Director'' and the preceding comma.


Secs. 20.244 and 20.252  [Amended]

    Par. 24. Part 20 is further amended by removing the phrase 
``regional director (compliance) of the region'' and adding in 
substitution, the words ``appropriate ATF officer'' each place it 
appears in the following places:
    (a) Section 20.244; and (b) Section 20.252(b).

    Par. 25. The first sentence of Sec. 20.251 is amended by removing 
the phrase ``for submission on request by the Director'' and adding, in 
substitution, the phrase ``as required by Sec. 20.92''.

    Par. 26. The first sentence of paragraph (a) of Sec. 20.267 is 
amended by removing the phrase ``submitted to the regional director 
(compliance)'' and adding, in substitution, the phrase ``as required by 
this part''.

    Par. 27. The second sentence of paragraph (a) of Sec. 20.267 is 
amended by removing the words ``regional director (compliance)'' and 
adding, in substitution, the words ``appropriate ATF officer''.

PART 21--FORMULAS FOR DENATURED ALCOHOL AND RUM

    Par. 28. The authority citation for part 21 continues to read as 
follows:


    Authority: 5 U.S.C. 552(a); 26 U.S.C. 5242, 7805.


Secs. 21.2, 21.3, 21.5, 21.31 and 21.91  [Amended]

    Par. 29. Part 21 is further amended by removing the word 
``Director'' each place it appears and adding, in its place, the words 
``appropriate ATF officer'' in the following places:
    (a) Section 21.2(a);
    (b) Section 21.3(d);
    (c) Section 21.5 introductory text;
    (d) Section 21.31(b); and
    (e) Section 21.91.

    Par. 30. Section 21.2 is further amended by adding a sentence at 
the end of paragraph (a) and revising paragraph (b) to read as follows:


Sec. 21.2  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 22150-5950, or by accessing the ATF web 
site (http://www.atf.treas.gov/).


21.3, 21.21, 21.31, 21.33, 21.34, 21.56 and 21.65  [Amended]

    Par. 31. Part 21 is further amended by removing the words ``Chief, 
Chemical Branch'' each place it appears and, in substitution, adding 
the words ``appropriate ATF officer'' in the following places:
    (a) Section 21.3(b);
    (b) Section 21.21(b) and (c);
    (c) Section 21.31(c);
    (d) Section 21.33(c);
    (e) Section 21.34(c);
    (f) Section 21.56(a);
    (g) Section 21.65(a);

    Par. 32. Paragraph (c) of Sec. 21.3 is revised to read as follows:


Sec. 21.3  Stocks of discontinued formulas.

* * * * *
    (c) On approval of an application, filed with the appropriate ATF 
officer and approved by such officer, destroy those stocks under 
whatever supervision the appropriate ATF officer requires; or
* * * * *

    Par. 33. Paragraph (d) of Sec. 21.3 is further amended by removing 
the phrases ``to be filed with the regional director (compliance) for 
transmittal to the Director'' and the parentheses at the beginning and 
ending of these phrases.

    Par. 34. In Subpart A--General Provisions, a new Sec. 21.7 is added 
as follows:


Sec. 21.7  Delegations of the Director.

    All of the regulatory authorities of the Director contained Part 21 
of the regulations are delegated to appropriate ATF officers. These ATF 
officers are specified in ATF Order 1130.9, Delegation Order--
Delegation of the Director's Authorities in 27 CFR Parts 20, 21 and 22. 
ATF delegation orders, such as ATF Order 1130.9, are available to any 
interested person by mailing a request to the ATF Distribution Center, 
PO Box 5950, Springfield, Virginia 22150-5950, or by accessing the ATF 
web site ((http://www.atf.treas.gov/).

    Par. 35. Section 21.11 is amended by removing the definitions of 
``Chief, Chemical Branch'' and ``Regional director (compliance)'' and 
adding a new definition of ``Appropriate ATF officer'' to read as 
follows:


Sec. 21.11  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 
1130.9, Delegation Order--Delegation of the Director's Authorities in 
27 CFR Parts 20, 21 and 22.
* * * * *

    Par. 36. Footnote 1 of Sec. 21.141 is amended by removing the 
phrase ``by the Chief, Chemical Branch''.

PART 22--DISTRIBUTION AND USE OF TAX-FREE ALCOHOL

    Par. 37. The authority citation continues to read as follows:


    Authority: 26 U.S.C. 5001, 5121,5142, 5143, 5146, 5206, 5214, 
5271-5276, 5311, 5552, 5555, 6056, 6061, 6065, 6109, 6151, 6806, 
7011, 7805; 31 U.S.C. 9304, 9306.


    Par. 38. Section 22.11 is amended by removing the definitions of 
``Area supervisor'', ``ATF officer'', ``Delegate'', ``Region'' and 
``Regional director (compliance)'' and adding a new definition of 
``Appropriate ATF officer'' as to read as follows:


Sec. 22.11  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 
1130.9, Delegation Order--Delegation of the Director's

[[Page 5476]]

Authorities in 27 CFR Parts 20, 21 and 22.
* * * * *

    Par. 39. In Subpart C--Administrative Provisions after the 
undesignated center heading ``Authorities'', a new Sec. 22.20 is added 
as follows:


Sec. 22.20  Delegations of the Director.

    All of the regulatory authorities of the Director contained in this 
Part 22 are delegated to appropriate ATF officers. These ATF officers 
are specified in ATF Order 1130.9, Delegation Order--Delegation of the 
Director's Authorities in 27 CFR Parts 20, 21 and 22. ATF delegation 
orders, such as ATF Order 1130.9, are available to any interested 
person by mailing a request to the ATF Distribution Center, PO Box 
5950, Springfield, Virginia 22150-5950, or by accessing the ATF web 
site ((http://www.atf.treas.gov/).


Sec. 22.21, 22.22, 22.24, 22.171, 22.175 and 22.176  [Amended]

    Par. 40. Part 22 is further amended by removing the word 
``Director'' each place it appears and adding, in its place, the words 
``appropriate ATF officer'' in the following places:
    (a) Section 22.21(a);
    (b) Section 22.22(a)(2),(3) and (4);
    (c) Section 22.24(a);
    (d) Section 22.171(a);
    (e) Section 22.175; and
    (f) Section 22.176(c).

    Par. 41. Section 22.21 is further amended by adding a sentence at 
the end of paragraph (a) and revising paragraph (b) to read as follows:


Sec. 22.21  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 22150-5950, or by accessing the ATF web 
site (http://www.atf.treas.gov/).

    Par. 42. The first two sentences of Sec. 22.22(a)(1) and paragraph 
(c) of Sec. 22.22 are revised to read as follows:


Sec. 22.22  Alternate methods or procedures; and emergency variations 
from requirements.

    (a) Alternate methods or procedures--(1) Application. A permittee, 
after receiving approval from the appropriate ATF officer, may use an 
alternate method or procedure (including alternate construction or 
equipment) in lieu of a method or procedure prescribed by this part. A 
permittee wishing to use an alternate method or procedure may apply to 
the appropriate ATF officer. * * *
* * * * *
    (c) Withdrawal of approval. The appropriate ATF officer may 
withdraw approval for an alternate method or procedure or an emergency 
variation from requirements, approved under paragraph (a) or (b) of 
this section, if the appropriate ATF officer finds that the revenue is 
jeopardized or the effective administration of this part is hindered by 
the approval.
* * * * *


Secs. 22.22, 22.23, 22.24, 22.25, 22.27, 22.41, 22.42, 22.42, 22.43, 
22.44, 22.45, 22.50, 22.51, 22.57, 22.58, 22.61, 22.62, 22.63, 22.64, 
22.68, 22.72, 22.74, 22.79, 22.80, 22.82, 22.102, 22.103, 22.111, 
22.113, 22.122, 22.124, 22.125, 22.154, 22.162 and 22.164   [Amended]

    Par. 43. Part 22 is further amended by removing the words 
``regional director (compliance)'' each place it appears and adding, in 
substitution, the words ``appropriate ATF officer'' in the following 
places:
    (a) Section 22.22(b)(1), (2) and (3);
    (b) Section 22.23;
    (c) Section 22.24(b);
    (d) Section 22.25;
    (e) Section 22.27(b);
    (f) Section 22.41(b);
    (g) Section 22.42(a)(11);
    (h) Section 22.42(b);
    (i) Section 22.43(a) introductory text;
    (j) Section 22.44 introductory text;
    (k) Section 22.45(c)(1);
    (l) Section 22.50;
    (m) Section 22.51 introductory text;
    (n) Section 22.57(a)(1), (b) and (c)(1) and (3);
    (o) Section 22.58(b)(1) and (2);
    (p) Section 22.61;
    (q) Section 22.62;
    (r) Section 22.63(a);
    (s) Section 22.64;
    (t) Section 22.68(a);
    (u) Section 22.72(b);
    (v) Section 22.74;
    (w) Section 22.79;
    (x) Section 22.80;
    (y) Section 22.82;
    (z) Section 22.102(c) introductory text;
    (aa) Section 22.103;
    (bb) Section 22.111(c)(3);
    (cc) Section 22.113(a)(1);
    (dd) Section 22.122(a);
    (ee) Section 22.124(b);
    (ff) Section 22.125(c);
    (gg) Section 22.154(b)(3);
    (hh) Section 22.162; and
    (ii) Section 22.164(a).


Secs. 22.26, 22.27, 22.36, 22.39, 22.113, 22.142 and 22.161  [Amended]

    Par. 44. Part 22 is further amended by adding the word 
``appropriate'' before the words ``ATF officer'' or ``ATF officers'' 
each place it appears in the following places:
    (a) Section 22.26;
    (b) Section 22.27(a);
    (c) Section 22.36;
    (d) Section 22.39(c);
    (e) Section 22.113(c);
    (f) Section 22.142(a) and (c); and
    (g) Section 22.161(a) and (d).

    Par. 45. The last sentence of Sec. 22.45(c)(1) is revised to read 
as follows:


Sec. 22.45  Organizational Documents.

* * * * *
    (c) Statement of interest. (1) * *  * If a corporation is wholly 
owned or controlled by another corporation, persons owning 10% or more 
of each of the classes of stock of the parent corporation are 
considered to be the persons interested in the business of the 
subsidiary, and the names and addresses of such persons must be 
submitted to the appropriate ATF officer if specifically requested.
* * * * *


Secs. 22.53 and 22.125  [Amended]

    Par. 46. Part 22 is further amended by removing the phrase ``with 
the regional director (compliance)'' each place it appears in the 
following places:
    (a) Section 22.53; and
    (b) Section 22.125(a) introductory text.


Sec. 22.142  [Amended]

    Par. 47. Part 22 is further amended by removing the words ``area 
supervisor'' each place it appears and adding, in substitution, the 
words ``appropriate ATF officer'' in the following places:
    (a) Section 22.142(a), (c) and (d).
    Par. 48. The first sentence of Sec. 22.63(a) is amended by removing 
the phrase ``within the same region'.

    Par. 49. The first sentence of Sec. 22.172(b) is amended by 
removing the phrase ``to the Director'.
    Par. 50. The second sentence of Sec. 22.174 is amended by removing 
the words ``regional director (compliance) of the region from which the 
shipment was consigned'' and adding, in substitution, the words 
``appropriate ATF officer.''

    Signed: July 13, 2000.
Bradley A, Buckles,
Director.
    Approved: August 1, 2000.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 01-1163 Filed 1-18-01; 8:45 am]
BILLING CODE 4810-31-P