[Federal Register Volume 68, Number 37 (Tuesday, February 25, 2003)]
[Notices]
[Pages 8808-8812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4421]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

[TTB Notice No. 3; TTB O 1130.2]


Delegation Order--Delegation of the Administrator's Authorities 
in 27 CFR Parts 19, 40, 71, 72 and 194

To: All Bureau Employees and All Interested Parties

    1. Purpose. This order delegates certain authorities of the 
Administrator, Tax and Trade Bureau (TTB) in 27 CFR parts 19, 40, 71, 
72 and 194 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, Pub. L. 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 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 2c 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 
2c. 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 2c above shall continue in effect until 
superseded or revised.
    g. 27 CFR parts 19, 40, 71, 72 and 194 contain numerous references 
to ATF titles that are no longer valid since the transfer of 
responsibility for administration and enforcement of these parts of 27 
CFR from the Bureau of Alcohol, Tobacco and Firearms (ATF) to the 
Alcohol and Tobacco Tax and Trade Bureau (TTB). Therefore, this 
delegation order identifies those officers within TTB that have 
replaced the ATF officers named in the current 27 CFR parts 19, 40, 71, 
72 and 194. This order also delegates certain authorities to 
subordinate TTB officers. TTB will publish a final rule in the near 
future to reflect these changes.
    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 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

[[Page 8809]]

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 parts 19, 40, 
71, 72 and 194 to TTB officers as follows:

------------------------------------------------------------------------
 Any reference in 27 CFR parts 19, 40,
    72 or 194 to authorities of the        Now refers to the following
          following officials:                      officials:
------------------------------------------------------------------------
Director, Bureau of Alcohol, Tobacco     Administrator, Alcohol and
 and Firearms.                            Tobacco Tax and Trade Bureau.
Delegate of the Director...............  Delegate of the Administrator.
ATF Officer............................  Specialist, National Revenue
                                          Center or Investigator * or
                                          Auditor. *
ATF Officer or Agent...................  Specialist, National Revenue
                                          Center or Investigator * or
                                          Auditor. *
Regional Director (Compliance).........  Chief, National Revenue Center
                                          or Chief, Trade Investigations
                                          Division or Chief, Tax Audit
                                          Division.
Director of Industry Operations........  Chief, National Revenue Center.
Area Supervisor........................  Unit Supervisor, National
                                          Revenue Center or Supervisor
                                          Trade Investigations Group *
                                          or Supervisor Tax Audit Group.
                                          *
Any employee of the Bureau of Alcohol,   Any employee of the Alcohol and
 Tobacco & Firearms.                      Tobacco Tax and Trade Bureau.
Chief Counsel of the Bureau of Alcohol,  Chief Counsel of the Alcohol
 Tobacco and Firearms.                    and Tobacco Tax and Trade
                                          Bureau.
Associate Director (Compliance           Chief, National Revenue Center.
 Operations).
------------------------------------------------------------------------
* Field officials are not able to receive materials by mail--all mail
  should be sent to the National Revenue Center official until further
  notice.


------------------------------------------------------------------------
   Any reference in 27 CFR part 71 to      Now refers to the following
authorities of the following officials:             officials:
------------------------------------------------------------------------
Director, Bureau of Alcohol, Tobacco     Administrator, Alcohol and
 and Firearms.                            Tobacco Tax and Trade Bureau.
Director of Industry Operations........  Deputy Assistant Administrator,
                                          Field Operations.
Regional Director (Compliance).........  Deputy Assistant Administrator,
                                          Field Operations.
District Director......................  Deputy Assistant Administrator,
                                          Field Operations.
Employee of the Bureau of Alcohol,       Employee of the Alcohol and
 Tobacco & Firearms.                      Tobacco Tax and Trade Bureau.
Chief Counsel of the Bureau of Alcohol,  Chief Counsel of the Alcohol
 Tobacco and Firearms.                    and Tobacco Tax and Trade
                                          Bureau.
------------------------------------------------------------------------

    b. Certain authorities of the Administrator are further redelegated 
to the following officials:

------------------------------------------------------------------------
      The authority in part 19 to:              Is redelegated to:
------------------------------------------------------------------------
Prescribe forms........................  Assistant Chief, Regulations
                                          and Procedures Division.
Approve alternate methods and            Chief, Regulations and
 procedures.                              Procedures Division sets
                                          precedents, Chief, National
                                          Revenue Center acts on similar
                                          requests.
Approve emergency variations...........  Chief, National Revenue Center
                                          or Supervisor, Trade
                                          Investigations Group * or
                                          Supervisor, Tax Audit Group. *
Approve pilot operations...............  Chief, Regulations and
                                          Procedures Division.
Approve experimental operations........  Chief, National Revenue Center.
Approve other businesses on distilled    Chief, National Revenue Center.
 spirits plant premises.
Approve withdrawal of spirits by the     Chief, National Revenue Center.
 United States and disposition of
 excess spirits.
Approve distinctive liquor bottles.....  Chief, Advertising, Labeling
                                          and Formulation Division.
Approve experimental or research         Chief, National Revenue Center
 operations.                              or Chief, Regulations and
                                          Procedures Division.
Approve other gauging device or method.  Chief, Regulations and
                                          Procedures Division.
Approve securing devices...............  Chief, National Revenue Center
                                          or Chief, Regulations and
                                          Procedures Division.
Approve continuity of premises.........  Chief, National Revenue Center
                                          or Chief, Regulations and
                                          Procedures Division.
Approve adoption of formulas...........  Unit Supervisor, National
                                          Revenue Center.
Approve alternate lock specifications..  Chief, Regulations and
                                          Procedures Division.
Approve spirits content of chemicals     Chief, Regulations and
 removed.                                 Procedures Division.
Waive information on labels for export.  Chief, Regulations and
                                          Procedures Division.
Approve conversion of SDA to other       Chief, Regulations and
 formulas.                                Procedures Division.
Approve alternate containers...........  Chief, Regulations and
                                          Procedures Division.
Disapprove bottles not constituting      Specialist, Advertising,
 approved containers.                     Labeling and Formulation
                                          Division.
Require statements on labels...........  Specialist, Advertising,
                                          Labeling and Formulation
                                          Division.
Approve modified forms.................  Chief, Regulations and
                                          Procedures Division.
Approve materials to render spirits      Chief, Nonbeverage Products
 unfit for beverage use.                  Section.
To take final action on TTB matters      Chief, Puerto Rico Operations.
 within the Commonwealth of Puerto Rico.
------------------------------------------------------------------------
* Field officials are not able to receive materials by mail--all mail
  should be sent to the National Revenue Center official until further
  notice.


------------------------------------------------------------------------
      The authority in part 40 to:              Is redelegated to:
------------------------------------------------------------------------
Prescribe forms........................  Assistant Chief, Regulations
                                          and Procedures Division.

[[Page 8810]]

 
Approve alternate methods and            Chief, Regulations and
 procedures.                              Procedures Division sets
                                          precedents, Chief, National
                                          Revenue Center acts on similar
                                          requests.
Approve emergency variations...........  Chief, National Revenue Center
                                          or Supervisor, Trade
                                          Investigations Group* or
                                          Supervisor, Tax Audit Group.*
Approve other businesses within factory  Chief, National Revenue Center
Approve alternative package markings...  Chief, Regulations and
                                          Procedures Division.
------------------------------------------------------------------------
* Field officials are not able to receive materials by mail--all mail
  should be sent to the National Revenue Center official until further
  notice.


------------------------------------------------------------------------
This authority in parts 71, 72 and 194:
                                                Is redelegated to:
------------------------------------------------------------------------
Prescribe forms........................  Assistant Chief, Regulations
                                          and Procedures Division.
Delegate of the Administrator in part    Chief, National Revenue Center.
 72.
Administrator in 194.229...............  Chief, Regulations and
                                          Procedures Division.
------------------------------------------------------------------------

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

    Dated: February 13, 2003.
Arthur J. Libertucci,
Administrator.

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[FR Doc. 03-4421 Filed 2-24-03; 8:45 am]
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