[Federal Register Volume 66, Number 13 (Friday, January 19, 2001)]
[Rules and Regulations]
[Pages 5480-5481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1165]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 30

[T.D. ATF-438]
RIN 1512-AC16


Delegation of Authority in 27 CFR Part 30

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 all ATF 
authorities contained in part 30, title 27 Code of Federal Regulations 
(CFR), 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 1130.17 is being published. Through this order, the Director 
has delegated the authorities in 27 CFR part 30 to the appropriate ATF 
officers.

EFFECTIVE DATE: January 19, 2001.

FOR FURTHER INFORMATION CONTACT: Lisa 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 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

[[Page 5481]]

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 30 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 1130.17, Delegation Order--Delegation 
of the Director's Authorities in part 30, Gauging Manual, 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 30 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.

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).

Drafting Information

    The principal author of this document is Lisa Gesser, Regulations 
Division, Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 30

    Alcohol and alcoholic beverages, Measurement standards, Scientific 
equipment.

Authority and Issuance

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

PART 30--GAUGING MANUAL

    Paragraph 1. The authority citation for part 30 continues to read 
as follows:


    Authority: 26 U.S.C. 7805.


    Par. 2. Section 30.11 is amended by removing the definitions of 
``ATF officer'' and ``Regional director'' and by adding a new 
definition of ``Appropriate ATF officer'' to read as follows:


Sec. 30.11  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 
1130.17, Delegation Order--Delegation of the Director's Authorities in 
27 CFR Part 30--Gauging Manual.
* * * * *


Secs. 30.11, 30.31, 30.36, 30.43, and 30.51  [Amended]

    Par. 3. Part 30 is further amended by removing the words 
``Director'' each place it appears and adding, in substitution, the 
words ``appropriate ATF officer'' in the following places:
    (a) The definition of ``Bulk conveyance'' in Sec. 30.11;
    (b) Section 30.31(b);
    (c) Section 30.36;
    (d) The last sentence of Sec. 30.43; and
    (e) The first sentence of Sec. 30.51.

    Par. 4. Section 30.21(c) is revised to read as follows:


Sec. 30.21  Requirements.

* * * * *
    (c) Appropriate ATF Officers. Appropriate ATF officers shall use 
only hydrometers and thermometers furnished by the Government. However, 
where this part requires the use of a specific gravity hydrometer, ATF 
officers shall use precision grade specific gravity hydrometers 
conforming to the provisions of Sec. 30.24, furnished by the 
proprietor. However, the appropriate ATF officer may authorize the use 
of other instruments approved by the appropriate ATF officer as being 
equally satisfactory for determination of specific gravity and for 
gauging. From time to time appropriate ATF officers shall verify the 
accuracy of hydrometers and thermometers used by proprietors.
* * * * *

    Par. 5. Section 30.24(a) is amended by adding the word 
``appropriate'' before the words ``ATF officers.''

    Par. 6. Section 30.24(b) is amended by adding the word 
``appropriate'' before the words ``ATF officer.''

Bradley A. Buckles,
Director.
    Approved: August 11, 2001.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 01-1165 Filed 1-18-01; 8:45 am]
BILLING CODE 4810-31-P