[Federal Register Volume 67, Number 203 (Monday, October 21, 2002)]
[Rules and Regulations]
[Pages 64525-64526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26680]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 47

[T.D. ATF--484]
RIN 1512-AC86


Delegation of Authority

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 its 
Importation of Arms, Ammunition and Implements of War regulations with 
the ``appropriate ATF officer.'' Consequently, this final rule removes 
the definitions of, and references to, specific officers subordinate to 
the Director. This final rule also requires that persons file documents 
required by these regulations with the ``appropriate ATF officer'' or 
in accordance with the instructions on the ATF form. Concurrently with 
this Treasury Decision, ATF is issuing ATF Order 1130.34, which will be 
made available as specified in this rule. Through this order, the 
Director delegates all of the authorities to the appropriate ATF 
officers and specifies the ATF officers with whom applications, 
notices, and other reports, which are not ATF forms, are filed.

EFFECTIVE DATE: This rule is effective October 21, 2002.

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 
[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 52 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 such provisions, 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 Title 27, Code of Federal Regulations, Part 47, Importation 
of Arms, Ammunition and Implements of War, that were previously 
delegated and places those authorities with the ``appropriate ATF 
officer.'' Also, all of the authorities of the Director that were not 
previously delegated are placed with the ``appropriate ATF officer.'' 
Along with this final rule, ATF is publishing ATF Order 1130.34, 
Delegation of the Director's Authorities in 27 CFR Part 47, Importation 
of Arms, Ammunition and Implements of War, which delegates certain of 
these authorities to the appropriate organizational level. The effect 
of these changes is to consolidate the Director's delegations of 
authority for part 47 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.
    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 47 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 1130.34. These changes will 
facilitate the identification of the officer with whom forms and other 
required submissions are filed.
    In addition, this final rule makes the following conforming changes 
in 27 CFR part 47:

    [sbull] In Subpart D--Administrative Provisions, section 47.41 is 
amended to provide that the instructions for an ATF form identify the 
ATF officer with whom it must be filed.
    [sbull] In Subpart F--Miscellaneous Provisions, section 45.58 is 
added to recognize the authority of the Director to delegate regulatory 
authorities in part 47 and to identify ATF Order 1130.34 as the 
instrument making such delegations.

    ATF has made or will make similar changes in delegations of 
authority to all other parts of Title 27 of the Code of Federal 
Regulations through separate rulemakings.

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 64526]]

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 47

    Administrative practice and procedure, Arms and munitions, Imports, 
Penalties, Reporting and recordkeeping requirements, Seizures and 
forfeitures.

Authority and Issuance

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

PART 47--IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR

    Paragraph 1. The authority citation for part 47 continues to read 
as follows:

    Authority: 22 U.S.C. 2778.

    Par. 2. Amend Sec.  47.11 by removing the definitions of ``ATF 
officer'' and ``Regional director (compliance)'' and adding the 
definition of ``Appropriate ATF officer'' to read as follows:


Sec.  47.11  Meaning of Terms.

* * * * *
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) specified by ATF Order 1130.34, 
Delegation of the Director's Authorities in 27 CFR Part 47, Importation 
of Arms, Ammunition and Implements of War.
* * * * *

    Par. 3. Section 47.31 is revised to read as follows:


Sec.  47.31  Registration requirement.

    Persons engaged in the business, in the United States, of importing 
articles enumerated on the U.S. Munitions Import List must register by 
making an application on ATF Form 4587.

    Par. 4. Revise paragraph (a) and the second sentence of paragraph 
(c) of Sec.  47.32 to read as follows:


Sec.  47.32  Application for registration and refund of fee.

    (a) Application for registration must be filed on ATF Form 4587 and 
must be accompanied by the registration fee at the rate prescribed in 
this section. The appropriate ATF officer will approve the application 
and return the original to the applicant.
* * * * *
    (c) * * * A request for a refund must be submitted to the 
appropriate ATF officer at the Bureau of Alcohol, Tobacco and Firearms, 
Washington, DC 20226, prior to the beginning of any year for which a 
refund is claimed.
* * * * *


Sec. Sec.  47.33; 47.42; 47.43, 47.44; 47.45; 47.51; and 
47.52  [Amended]

    Par. 5. Remove the words ``Director'' or ``Director's'' each place 
they appear and adding, in substitution, the words ``appropriate ATF 
officer'' or ``appropriate ATF officer's'', respectively, in the 
following places:
    a. Section 47.33;
    b. Section 47.42(a)(2)(i);
    c. Section 47.43(c);
    d. Section 47.44;
    e. The second sentence of Sec.  47.51; and
    f. The introductory text of paragraph (b) and the last two 
sentences of paragraph (f) of Sec.  47.52.

    Par. 6. Revise the first and second sentences of Sec.  47.34(b) to 
read as follows:


Sec.  47.34  Maintenance of records by persons required to register as 
importers of Import List articles.

* * * * *
    (b) Registrants under this part engaged in importing articles on 
the U.S. Munitions Import List subject to the permit procedures of 
subpart E of this part must maintain for a period of 6 years records 
bearing on such articles imported, including records concerning their 
acquisition and disposition, including Forms 6 and 6A. The appropriate 
ATF officer may prescribe a longer or shorter period in individual 
cases as such officer deems necessary. * * *
* * * * *

    Par. 7. Amend Sec.  47.35 by removing the word ``Director'' and 
adding, in substitution, the words ``appropriate ATF officer'' from the 
first sentence of paragraph (a), and adding a sentence at the end of 
paragraph (a) and revising paragraph (b) to read as follows:


Sec.  47.35  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/.


Sec.  47.41  [Amended]

    Par. 8. Amend Sec.  47.41(a) and (b) by removing the phrase 
``issued by the Director''.


Sec.  47.42  [Amended]

    Par. 9. Amend the first sentence of the introductory text of Sec.  
47.42(a)(1) by removing the commas and phrase '', in triplicate, with 
the Director''.
    Par. 10. Amend the first sentence of the introductory text of Sec.  
47.45(a) by removing the phrase ``from the Director'' and revise Sec.  
47.45(a)(1) to read as follows:


Sec.  47.45  Importation.

    (a) * * *
    (1) In obtaining the release from Customs custody of an article 
imported pursuant to a permit, the permit holder will prepare and file 
Form 6A according to its instructions.
* * * * *


Sec.  47.51  [Amended]

    Par . 11. Amend the third sentence of Sec.  47.51 by removing the 
phrase ``to the Director''.

    Par. 12. Revise the second sentence of Sec.  47.52(f) to read as 
follows:


Sec.  47.52  Import restrictions applicable to certain countries.

* * * * *
    (f) * * * The certification statement will be prepared in letter 
form, executed under the penalties of perjury, and should be submitted 
with the application for an import permit. * * *

    Par. 12. Add a new section to Subpart F--Miscellaneous Provisions 
to read as follows:


Sec.  45.58  Delegations of the Director.

    The regulatory authorities of the Director contained in this part 
are delegated to appropriate ATF officers. These ATF officers are 
specified in ATF O 1130.34, Delegation of the Director's Authorities in 
27 CFR Part 47. ATF delegation orders, such as ATF O 1130.34, are 
available to any interested party by mailing a request to the ATF 
Distribution Center, PO Box 5950, Springfield, VA 22150-5950, or by 
accessing the ATF Web site http://www.atf.treas.gov/.

    Signed: August 26, 2002.
Bradley A. Buckles,
Director.
    Approved: September 17, 2002.
Timothy E. Skud,
Deputy Assistant Secretary, (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 02-26680 Filed 10-18-02; 8:45 am]
BILLING CODE 4810-31-P