[Federal Register Volume 68, Number 25 (Thursday, February 6, 2003)]
[Notices]
[Pages 6253-6258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2933]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

[TTB Notice No. 2; TTB O 1130.1]


Delegation Order--Delegation of the Administrator's Authorities 
in 27 CFR

To: All Bureau Employees and All Interested Parties

    1. Purpose. This order delegates certain authorities of the 
Administrator, Alcohol and Tobacco Tax and Trade Bureau (TTB) to 
subordinate TTB officers and prescribes the subordinate TTB officers 
with whom persons file documents.
    2. Background. a. On November 25, 2002, the President signed into 
law the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 
2135 (2002). The Homeland Security Act of 2002 divided the Bureau of 
Alcohol, Tobacco and Firearms, Department of the Treasury, into two 
separate agencies, the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives (ATF) in the Department of Justice, and the Tax and Trade 
Bureau (TTB) in the Department of the Treasury. This division of the 
former agency and division of its responsibilities into two new 
agencies took place 60 days after enactment of the Act on January 24, 
2003.
    b. The Homeland Security Act of 2002 provides that the newly 
established Tax and Trade Bureau be headed by an Administrator. It also 
provides that the authorities, functions, personnel and assets of the 
Bureau of Alcohol, Tobacco and Firearms that are not transferred to the 
Department of Justice shall be retained within the Department of the 
Treasury and administered by the Tax and Trade Bureau.
    c. Pursuant to the duties and powers established by the Homeland 
Security Act of 2002, the Administrator of TTB is authorized to 
administer and enforce Chapters 51 (relating to distilled spirits, wine 
and beer) and 52 (relating to tobacco products and cigarette papers and 
tubes) of title 26, U.S.C., the Internal Revenue Code of 1986, as 
amended, sections 4181 and 4182 (relating to the excise tax on firearms 
and ammunition) of the Internal Revenue Code of 1986, and title 27, 
United States Code (relating to alcohol).
    d. In addition, Treasury Order No. 120-1 (Revised) dated January 
24, 2003 established the Tax and Trade Bureau within the Department of 
the Treasury and designated it as the Alcohol and Tobacco Tax and Trade 
Bureau (TTB). It directed that the head of TTB is the Administrator who 
shall exercise the authorities, perform the functions, and carry out 
the duties of the Secretary in the administration and enforcement of 
the laws cited in paragraph 2 c above.
    e. Treasury Order No. 120-1 also grants the Administrator of TTB 
all authorities delegated to the Director of the Bureau of Alcohol, 
Tobacco and Firearms in effect on January 23, 2003, that are related to 
the administration and enforcement of the laws specified in paragraph 2 
c. In addition, it grants the Administrator full authority, powers, and 
duties to administer the affairs of and to perform the functions of 
TTB, including, without limitation, all management and administrative 
authorities and responsibilities similarly granted and assigned to 
Bureau Heads or Heads of Bureaus in Treasury Orders and Treasury 
Directives.
    f. Treasury Order No. 120-1 provides that all regulations adopted 
on or before January 23, 2003 for the administration and enforcement of 
the laws cited in paragraph 2 c above shall continue in effect until 
superseded or revised.
    g. Through this delegation order the Administrator of TTB intends 
to redelegate certain authorities of the Administrator in Title 27 of 
the Code of Federal Regulations (CFR) to subordinate TTB officers.
    3. Effective Date. This order is effective January 24, 2003.
    4. Ratification. In addition to section 1512(a) of the Homeland 
Security Act of 2002, this order affirms and ratifies any

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action taken that is consistent with this order.
    5. Delegations. a. Under the authority vested in the Administrator, 
Alcohol and Tobacco Tax and Trade Bureau, by the Homeland Security Act 
of 2002, Treasury Department Order No. 120-01 (Revised) dated January 
24, 2003, and by 26 CFR 301.7701-9, this TTB order delegates certain 
authorities prescribed in 27 CFR to subordinate TTB officers. Also, 
this TTB order prescribes the subordinate officers with whom 
applications, notices, and reports required by 27 CFR are filed.
    b. Accordingly, the following delegations of authority issued by 
the former Bureau of Alcohol, Tobacco and Firearms, Department of the 
Treasury relative to authorities in 27 CFR are hereby adopted by the 
Administrator, Alcohol and Tobacco Tax and Trade Bureau, Department of 
the Treasury, subject to the amendments and exceptions listed in 
Paragraph 6 of this order.

27 CFR Part 1

ATF Order 1130.6--Delegation of the Director's Authorities in 27 CFR 
PART 1, Date of Order: 9/15/99 (64 FR 50135)

27 CFR Parts 4, 5, and 7

ATF Order 1130.2A--Delegation of the Director's Authorities in 27 CFR 
Parts 4, 5, and 7, Labeling and Advertising of Wine, Distilled Spirits 
and Malt Beverages, Date of Order: 2/22/00 (65 FR 12054)

27 CFR Parts 6, 8, 10, and 11

ATF Order 1130.7-- Delegation of the Director's Authorities in 27 CFR 
Parts 6, 8, 10 and 11, Date of Order: 8/28/00 (65 FR 52159)

27 CFR Part 13

ATF Order 1130.21--Delegation of the Director's Authorities in 27 CFR 
Part 13, Labeling Proceedings, Date of Order: 5/17/01 (66 FR 29884)

27 CFR Parts 17 and 18

ATF Order 1130.13--Delegation of the Director's Authorities in 27 CFR 
Parts 17 and 18, Date of Order: 8/23/01 (66 FR 47933)

27 CFR Parts 20, 21, and 22

ATF Order 1130.9--Delegation of the Director's Authorities in 27 CFR 
Parts 20, 21, and 22, Date of Order: 6/21/01 (66 FR 35511)

27 CFR Part 24

ATF Order 1130.5--Delegation of the Director's Authorities in 27 CFR 
Part 24, Wine, Date of Order: 3/22/99 (64 FR 13846)

27 CFR Part 25

ATF Order 1130.10--Delegation of the Director's Authorities in 27 CFR 
Part 25, Beer, Date of Order: 6/21/01 (66 FR 35509)

27 CFR Part 26

ATF Order 1130.29--Delegation of the Director's Authorities in 27 CFR 
Part 26, Liquors and Articles from Puerto Rico and the Virgin Islands, 
Date of Order: 7/18/02 (67 FR 49388)

27 CFR Part 29

ATF Order 1130.25--Delegation of the Director's Authorities in 27 CFR 
Part 29, Stills and Miscellaneous Regulations, Date of Order: 2/6/02 
(67 FR 7447)

27 CFR Part 30

ATF Order 1130.17--Delegation of the Director's Authorities in 27 CFR 
Part 30, Gauging Manual, Date of Order: 5/25/01 (66 FR 30989)

27 CFR Part 44

ATF Order 1130.31--Delegation of the Director's Authorities in 27 CFR 
Part 44, Exportation of Tobacco Products and Cigarette Papers and 
Tubes, Without Payment of Tax, or With Drawback of Tax, Date of Order: 
4/26/02 (67 FR 30994)

27 CFR Parts 45 and 46

ATF Order 1130.28--Delegation of the Director's Authorities in 27 CFR 
Parts 45 and 46, Date of Order: 2/15/02 (67 FR 9043)

27 CFR Part 53

ATF Order 1130.18--Delegation of the Director's Authorities in 27 CFR 
Part 53, Manufacturer's Excise Taxes--Firearms and Ammunition, Date of 
Order: 7/18/01 (66 FR 39226)

27 CFR Part 70

ATF Order 1130.19--Delegation of the Director's Authorities in 27 CFR 
Part 70, Procedure and Administration, Other Than Certain Offers in 
Compromise, Date of Order: 2/1/02 (67 FR 7448)

ATF O 1100.63F--Delegation of Authority to Accept or Reject Offers in 
Compromise, Date of Order: 3/8/94 (59 FR 11826)

27 CFR Part 251--[Recodified as 27 CFR Part 27]

ATF Order 1130.12--Delegation of the Director's Authorities in 27 CFR 
Part 251, Importation of Distilled Spirits, Wines and Beer, Date of 
Order: 3/5/02 (67 FR 11371)

27 CFR Part 252

ATF Order 1130.27--Delegation of the Director's Authorities in 27 CFR 
Part 252, Exportation of Liquors, Date of Order: 3/29/02 (67 FR 18300)

27 CFR Parts 270, 275, and 296

Partially cancelled ATF Order 1130.15--Delegation of Certain of the 
Director's Authorities in 27 CFR Parts 270, 275 and 296, Date of Order: 
12/22/99 (64 FR 71850)

27 CFR Part 275

ATF Order 1130.16--Delegation of Certain of the Director's Authorities 
in 27 CFR Part 275, Date of Order: 6/30/00 (65 FR 42764)

    6. Amendments and Exceptions. Under the new organizational 
structure established for the Alcohol and Tobacco Tax and Trade Bureau, 
several offices and positions referenced in the above delegation orders 
have been amended, revised or deleted. Listed below are amendments to 
the above listed delegation orders which reflect the new organizational 
structure of the TTB and changes in titles or offices.

------------------------------------------------------------------------
 Any references in the above listed  Are hereby replaced with the term--
 orders to authorities granted to--
------------------------------------------------------------------------
                              Headquarters
------------------------------------------------------------------------
Director, Bureau of Alcohol,         Administrator, Alcohol and Tobacco
 Tobacco and Firearms.                Tax and Trade Bureau.
Deputy Director....................  Deputy Administrator.
Assistant Director (Alcohol and      For headquarters matters: Assistant
 Tobacco).                            Administrator, Headquarters
                                      Operations.
                                     For field matters: Assistant
                                      Administrator, Field Operations.
Deputy Assistant Director (Alcohol   For headquarters matters: Assistant
 and Tobacco).                        Administrator, Headquarters
                                      Operations.
                                     For field matters: Assistant
                                      Administrator, Field Operations.

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Assistant Director (Firearms,        For headquarters matters: Assistant
 Explosives and Arson).               Administrator, Headquarters
                                      Operations.
                                     For field matters: Assistant
                                      Administrator, Field Operations.
Associate Director (Compliance       For headquarters matters: Assistant
 Operations).                         Administrator, Headquarters
                                      Operations.
                                     For field matters: Assistant
                                      Administrator, Field Operations.
Deputy Associate Director            For headquarters matters: Assistant
 (Compliance Operations).             Administrator, Headquarters
                                      Operations.
                                     For field matters: Assistant
                                      Administrator, Field Operations.
Deputy Assistant Director (Field     Deputy Assistant Administrator,
 Operations).                         Field Operations.
Division Chief in the Office of      Division Chief in Headquarters
 Alcohol and Tobacco, or Division     Operations.
 Chief (Alcohol and Tobacco).
Chief, Regulations Division........  Chief, Regulations and Procedures
                                      Division.
Chief, Alcohol and Tobacco Programs  Chief, Trade Investigations
 Division.                            Division.
Chief, Diversion Branch............  Any Division Chief in Headquarters
                                      or Field Operations.
Chief, Alcohol Import/Export Branch  Chief, International Trade
                                      Division.
Chief, Market Compliance Branch....  With respect to advertising:
                                      Specialist, Advertising, Labeling
                                      and Formulation Division.
                                     With respect to interlocking
                                      directorates: Chief, Trade
                                      Investigations Division.
Specialist, Market Compliance        Specialist, Advertising, Labeling
 Branch.                              and Formulation Division.
Division Chief (Compliance)........  Division Chief in Headquarters
                                      Operations.
Chief, Financial Management          CFO/Assistant Administrator,
 Division.                            Management.
Chief, Acquisition and Property      Chief, Regulations and Procedures
 Management Division.                 Division.
Chief, Document Services Branch....  Assistant Chief, Regulations and
                                      Procedures Division (Knowledge
                                      Management).
Chief, Revenue Programs Division...  Chief, Regulations and Procedures
                                      Division.
Chief, Revenue Division............  Unit Supervisor (FAET), National
                                      Revenue Center.
------------------------------------
       Alcohol Labeling and Formulation Division and Predecessors
------------------------------------------------------------------------
Chief, Alcohol Labeling and          Chief, Advertising, Labeling and
 Formulation Division (ALFD).         Formulation Division.
Assistant to the Chief, Alcohol      Assistant Chief, Advertising,
 Labeling and Formulation Division    Labeling and Formulation Division.
 (ALFD).
Specialist, Alcohol Labeling and     Specialist, Advertising, Labeling
 Formulation Division (ALFD).         and Formulation Division.
Alcohol Labeling Specialist........  Specialist, Advertising, Labeling
                                      and Formulation Division.
Clerk, Alcohol Labeling and          Clerk, Advertising, Labeling and
 Formulation Division (ALFD).         Formulation Division.
Chief, Product Compliance Branch...  Assistant Chief, Advertising,
                                      Labeling and Formulation Division.
Specialist, Product Compliance       Specialist, Advertising, Labeling
 Branch.                              and Formulation Division.
Chief, Formula and Processing        Assistant Chief, Advertising,
 Section.                             Labeling and Formulation Division.
Specialist, Formula and Processing   Specialist, Advertising, Labeling
 Section.                             and Formulation Division.
------------------------------------
                              Field Offices
------------------------------------------------------------------------
Division Director/Special Agent in   Chief, Trade Investigations
 Charge.                              Division or Chief, Tax Audit
                                      Division.
Resident Agent in Charge/Group       Supervisor, Trade Investigations
 Supervisor.                          Group \1\ or Supervisor, Tax Audit
                                      Group.\1\
Director, Industry Operations......  Chief, National Revenue Center.
Area Supervisor....................  Unit Supervisor, National Revenue
                                      Center, or Supervisor, Trade
                                      Investigations Group \1\ or
                                      Supervisor, Tax Audit Group.\1\
Inspector..........................  Specialist, National Revenue Center
                                      or Investigator \1\ or Auditor.\1\
Special Agent......................  Investigator \1\ or Auditor.\1\
Regional Director..................  Chief, National Revenue Center.
Regional Director (Compliance).....  Chief, National Revenue Center.
Audit Manager......................  Supervisor, Tax Audit Group.\1\
------------------------------------
             National Revenue Center and Technical Services
------------------------------------------------------------------------
Chief, Revenue Section, NRC........  Chief, National Revenue Center.
Chief, Tax Processing Center.......  Chief, National Revenue Center.
Chief, Technical Services..........  Section Chief, National Revenue
                                      Center.
Technical Section Supervisor.......  Unit Supervisor, National Revenue
                                      Center.
Specialist.........................  Specialist, National Revenue
                                      Center.
------------------------------------
                               Laboratory
------------------------------------------------------------------------
Chief, Laboratory Services.........  Chief, Alcohol and Tobacco
                                      Laboratory.
Chemist, ATF Laboratory............  Chemist, Alcohol and Tobacco
                                      Laboratory.
------------------------------------
                              Other Titles
------------------------------------------------------------------------
An ATF supervisor in the Office of   Chief, Regulations and Procedures
 Alcohol and Tobacco or Firearms,     Division.
 Explosives and Arson.

[[Page 6256]]

 
Clerk in the Office of Alcohol and   Specialist, National Revenue
 Tobacco.                             Center.
------------------------------------------------------------------------
\1\ Field officials are not able to receive materials by mail--all mail
  should be sent to the National Revenue Center official until further
  notice.

    7. Redelegation. The authorities delegated in this order may not be 
redelegated.
    8. Questions. If you have a question about this order, contact the 
Regulations and Procedures Division (202-927-8210).

Arthur J. Libertucci,
Administrator.
BILLING CODE 4810-31-P

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[FR Doc. 03-2933 Filed 2-5-03; 8:45 am]
BILLING CODE 4810-31-C