[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