99-6736. Delegation of Authority  

  • [Federal Register Volume 64, Number 54 (Monday, March 22, 1999)]
    [Rules and Regulations]
    [Pages 13682-13686]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-6736]
    
    
    
    [[Page 13682]]
    
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    DEPARTMENT OF THE TREASURY
    
    Bureau of Alcohol, Tobacco and Firearms
    
    27 CFR Part 24
    
    [T.D. ATF-409]
    RIN 1512-AB87
    
    
    Delegation of Authority
    
    AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
    
    ACTION: Treasury decision, final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: Authority delegation. This final rule places most ATF 
    authorities contained in part 24, title 27 Code of Federal Regulations 
    (CFR), with the ``appropriate ATF officer'' and requires that persons 
    file documents required by part 24, title 27 Code of Federal 
    Regulations (CFR), with the ``appropriate ATF officer'' or in 
    accordance with the instructions on the ATF form. Also, this final rule 
    removes the definitions of, and references to, specific officers 
    subordinate to the Director. Concurrently with this Treasury Decision, 
    ATF Order 1130.5 is being published. Through this order, the Director 
    has delegated most of the authorities in 27 CFR part 24 to the 
    appropriate ATF officers and specified the ATF officers with whom 
    applications, notices and other reports, which are not ATF forms, are 
    filed.
    
    EFFECTIVE DATE: March 22, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Robert Ruhf, Revenue Operations 
    Branch, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts 
    Avenue NW., Washington, DC 20226 (202-927-8220).
    
    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 
    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 24 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 1130.5, Delegation Order--Delegation 
    of the Director's Authorities in part 24, Wine, 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 24 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.
        In addition, 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 24 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 1130.5. 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--Administrative and Miscellaneous Provisions of 27 CFR part 24. 
    Specifically, a new Sec. 24.19 is added to recognize the authority of 
    the Director to delegate regulatory authorities in part 24 and to 
    identify ATF Order 1130.5 as the instrument reflecting such 
    delegations. Also, Sec. 24.20 is amended to provide that the 
    instructions for an ATF form identify the ATF officer with whom it must 
    be filed.
        ATF intends to make similar changes in delegations to all other 
    parts of Title 27 of the Code of Federal Regulations 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, Pub. L. 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 Robert Ruhf, Regulations 
    Division,
    
    [[Page 13683]]
    
    Bureau of Alcohol, Tobacco and Firearms.
    
    List of Subjects in 27 CFR Part 24
    
        Administrative practice and procedure, Authority delegations, 
    Claims, Electronic fund transfers, Excise taxes, Exports, Food 
    additives, Fruit juices, Labeling, Liquors, Packaging and containers, 
    Reporting and recordkeeping requirements, Research, Scientific 
    equipment, Spices and flavorings, Surety bonds, Taxpaid wine bottling 
    house, Transportation, Vinegar, Warehouses, Wine.
    
    Authority and Issuance
    
        Title 27, Code of Federal Regulations is amended as follows:
    
    PART 24--WINE
    
        Paragraph 1. The authority citation for part 24 continues to read 
    as follows:
    
        Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042, 
    5044, 5061, 5062, 5081, 5111-5113, 5121, 5122, 5142, 5143, 5173, 
    5206, 5214, 5215, 5351, 5353, 5354, 5356, 5357, 5361, 5362, 5364-
    5373, 5381-5388, 5391, 5392, 5511, 5551, 5552, 5661, 5662, 5684, 
    6065, 6091, 6109, 6301, 6302, 6311, 6651, 6676, 7011, 7302, 7342, 
    7502, 7503, 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304, 9306.
    
    
    Sec. 24.3  [Removed]
    
        Par. 2. Section 24.3 is removed.
        Par. 3. Section 24.10 is amended by removing the definitions of 
    ``Area supervisor'', ``ATF Officer'', ``Region'', and ``Regional 
    director (compliance)'' and by adding a new definition of ``Appropriate 
    ATF officer'' to read as follows:
    
    
    Sec. 24.10  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 
    1130.5, Delegation Order--Delegation of the Director's Authorities in 
    27 CFR Part 24--Wine.
    * * * * *
        Par. 4. In Subpart C--Administrative and Miscellaneous Provisions, 
    the undesignated center heading of ``Authorities of the Director'' is 
    amended by removing the words ``of the Director''.
        Par. 5. A new Sec. 24.19 is added in Subpart C after the 
    undesignated center heading of ``Authorities'', to read as follows:
    
    
    Sec. 24.19  Delegations of the Director.
    
        Most of the regulatory authorities of the Director contained in 
    this Part 24 are delegated to appropriate ATF officers. These ATF 
    officers are specified in ATF Order 1130.5, Delegation Order--
    Delegation of the Director's Authorities in 27 CFR Part 24--Wine. ATF 
    delegation orders, such as ATF Order 1130.5, are available to any 
    interested person by mailing a request to the ATF Distribution Center, 
    P.O. Box 5950, Springfield, Virginia 22150-5190, or by accessing the 
    ATF web site
    (http://www.atf.treas.gov/).
    
    
    Sec. Sec. 24.20, 24.21, 24.22, 24.87, 24.127, 24.245, 24.246, 24.247, 
    24.248, 24.249, and 24.250  [Amended]
    
        Par. 6. In part 24 remove the words ``Director'' each place it 
    appears and add, in substitution, the words ``appropriate ATF officer'' 
    in the following places:
        (a) Section 24.20(a);
        (b) Section 24.21(a) introductory text, and (c);
        (c) Section 24.22(a) introductory text, and (b);
        (d) Section 24.87;
        (e) Section 24.127;
        (f) Section 24.245;
        (g) Section 24.246(a)(1);
        (h) Section 24.247;
        (i) Section 24.248;
        (j) Section 24.249(a); and (k) Section 24.250(b)(9).
        Par. 7. Section 24.20 is amended by adding a sentence at the end of 
    paragraph (a) and revising paragraph (b) to read as follows:
    
    
    Sec. 24.20  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 22150-5190, or by accessing the ATF web 
    site (http://www.atf.treas.gov/).
    * * * * *
    
    
    Sec. Sec. 24.21, 24.26, 24.27, 24.28, 24.29, 24.30, 24.31, 24.32, 
    24.52, 24.60, 24.62, 24.65, 24.66, 24.69, 24.70, 24.77, 24.91, 24.96, 
    24.105, 24.107, 24.108, 24.110, 24.111, 24.115, 24.116, 24.120, 24.123, 
    24.124, 24.125, 24.135, 24.137, 24.140, 24.141, 24.150, 25.154, 25.155, 
    24.157, 24.159, 24.165, 24.166, 24.167, 24.169, 24.170, 24.183, 24.191, 
    24.231, 24.236, 24.242, 24.249, 24.260, 24.265, 24.272, 24.273, 24.276, 
    24.278, 24.279, 24.296, 24.300 and 24.313  [Amended]
    
        Par. 8. Part 24 is further amended by removing the words ``regional 
    director (compliance)'' each place it appears and adding, in 
    substitution, the words ``appropriate ATF officer'' in the following 
    places:
        (a) Section 24.21(b);
        (b) Section 24.26;
        (c) Section 24.27;
        (d) Section 24.28;
        (e) Section 24.29;
        (f) Section 24.30;
        (g) Section 24.31;
        (h) Section 24.32;
        (i) Section 24.52(a);
        (j) Section 24.60;
        (k) Section 24.62;
        (l) Section 24.65(a) introductory text, (b) introductory text, and 
    (c) introductory text;
        (m) Section 24.66(a);
        (n) Section 24.69(b);
        (o) Section 24.70;
        (p) Section 24.77(c), (d) and (e);
        (q) Section 24.91(c);
        (r) Section 24.96(a);
        (s) Section 24.105;
        (t) Section 24.107;
        (u) Section 24.108;
        (v) Section 24.110(c)(1);
        (w) Section 24.111;
        (x) Section 24.115;
        (y) Section 24.116;
        (z) Section 24.120;
        (aa) Section 24.123;
        (bb) Section 24.124;
        (cc) Section 24.125(c);
        (dd) Section 24.135(b)(4), (c), (d) and (e);
        (ee) Section 24.137(a), (b)(3) and (c);
        (ff) Section 24.140(a) and (b)(3);
        (gg) Section 24.141;
        (hh) Section 24.150;
        (ii) Section 24.154;
        (jj) Section 24.155 (a), introductory text and (b);
        (kk) Section 24.157;
        (ll) Section 24.159;
        (mm) Section 24.165;
        (nn) Section 24.166;
        (oo) Section 24.167(a);
        (pp) Section 24.169;
        (qq) Section 24.170(a) and (b);
        (rr) Section 24.183;
        (ss) Section 24.191;
        (tt) Section 24.231;
        (uu) Section 24.236;
        (vv) Section 24.242 (a), introductory text, (b), (c)(1), 
    introductory text, and (c)(2);
        (ww) Section 24.249(c);
        (xx) Section 24.260;
        (yy) Section 24.265;
        (zz) Section 24.272(b)(3) and (e);
        (aaa) Section 24.273(b);
        (bbb) Section 24.276;
        (ccc) Section 24.278(h);
        (ddd) Section 24.279(a);
        (eee) Section 24.296(a) and (b);
        (fff) Section 24.300(d); and
        (ggg) Section 24.313, introductory text.
        Par. 9. In Subpart C-Administrative and Miscellaneous Provisions, 
    the undesignated center headings of ``Authorities of the Regional 
    Director (Compliance)'' and ``Authorities of ATF Officers'' are 
    removed.
    
    [[Page 13684]]
    
    Sec. 24.22  [Amended]
    
        Par. 10. Paragraph (b) of Sec. 24.22 is amended by removing the 
    words ``the regional director (compliance) for transmittal to''.
        Par. 11. Paragraph (c) of Sec. 24.22 is amended by removing the 
    phrase ``the regional director (compliance), or the Director'' and 
    adding, in substitution, the phrase ``appropriate ATF officer''.
    
    
    Secs. 24.36, 24.230 and 24.235  [Amended]
    
        Par. 12. Section 24.36, Sec. 24.230, and paragraph (b) of 
    Sec. 24.235 are amended by removing the words ``area supervisor'' and 
    adding, in substitution, the words ``appropriate ATF officer''.
        Par. 13. Section 24.25 is revised to read as follows:
    
    
    Sec. 24.25  Emergency variations from requirements.
    
        (a) General. The appropriate ATF officer may approve construction, 
    equipment, and methods of operation other than as specified in this 
    part, when in the judgment of such officer an emergency exists, the 
    proposed variations from the specified requirements are necessary, and 
    the proposed variations:
        (1) Will afford the security and protection to the revenue intended 
    by the prescribed specifications;
        (2) Will not hinder the effective administration of this part; and
        (3) Will not be contrary to any provisions of law.
        (b) Application. The proprietor must submit a written application 
    to the appropriate ATF officer within 24 hours of any temporary 
    approval granted under paragraph (c) of this section, which describes 
    the proposed variation, and sets forth the reasons therefor.
        (c) Temporary Approval. The proprietor who desires to employ an 
    emergency variation from requirements must contact the appropriate ATF 
    officer and request temporary approval until the written application, 
    required by paragraph (b) of this section, is acted upon. The 
    appropriate ATF officer will be a subordinate of the ATF officer 
    designated in paragraph (a) of this section. Where the emergency 
    threatens life or property, the proprietor may take immediate action to 
    correct the situation without prior notification; however, the 
    proprietor must promptly contact the appropriate ATF officer and file 
    with that officer a report concerning the emergency and the action 
    taken to correct the situation.
        (d) Conditions. The proprietor must, during the period of variation 
    from requirements granted under this section, comply with the terms of 
    the approved application. A failure to comply in good faith with any 
    procedures, conditions, and limitations will automatically terminate 
    the authority for a variation. Upon termination of the variation, the 
    proprietor must fully comply with requirements of regulations for which 
    the variation was authorized. Authority for any variation may be 
    withdrawn whenever in the judgment of the appropriate ATF officer the 
    revenue is jeopardized or the effective administration of this part is 
    hindered by the continuation of the variation.
    
    
    Secs. 24.30, 24.35, 24.37, 24.40, 24.54, 24.77, 24.91, 24.117, 24.259, 
    24.291, 24.293, 24.300 and 24.304  [Amended]
    
        Par. 14. Part 24 is further amended by adding the word 
    ``appropriate'' before the words ``ATF officer'' each place it appears 
    in the following places:
        (a) Section 24.30;
        (b) Section 24.35;
        (c) Section 24.37;
        (d) Section 24.40;
        (e) Section 24.54(c);
        (f) Section 24.77(d);
        (g) Section 24.91, introductory text;
        (h) Section 24.117;
        (i) Section 24.259(c);
        (j) Section 24.291(c);
        (k) Section 24.293(b);
        (l) Section 24.300(b) and (e)(3); and
        (m) Section 24.304(a).
    
    
    Sec. 24.31  [Amended]
    
        Par. 15. Section 24.31 is amended by removing the phrase ``a 
    designated'', and in substitution, adding the phrase ``an 
    appropriate''.
        Par. 16. Section 24.41 is revised to read as follows:
    
    
    Sec. 24.41  Office facilities.
    
        The appropriate ATF officer may require the proprietor to furnish 
    temporarily a suitable work area, desk and equipment necessary for the 
    use of appropriate ATF officers in performing Government duties whether 
    or not such office space is located at the specific premises where 
    regulated operations occur or at corporate business offices where no 
    regulated activity occurs. Such office facilities will be subject to 
    approval by the appropriate ATF officer.
    
    
    Sec. 24.52  [Amended]
    
        Par. 16. The second sentence of paragraph (b) of Sec. 24.52 is 
    amended by removing the words ``regional director (compliance) of the 
    region in which the bonded wine premises or taxpaid wine bottling house 
    is located'' and adding, in substitution, the phrase ``appropriate ATF 
    officer''.
        Par. 17. The first, fifth and sixth sentences of paragraph (b) of 
    Sec. 24.77 are revised to read as follows:
    
    
    Sec. 24.77  Experimental wine.
    
    * * * * *
        (b) Qualification. An institution that wants to conduct 
    experimental wine operations must apply in letter form to the 
    appropriate ATF officer. * * * The applicant must, when required by the 
    appropriate ATF officer, furnish as part of the application, additional 
    information that may be necessary to determine whether the application 
    should be approved. Operations may not begin until authorized by the 
    appropriate ATF officer.
    * * * * *
        Par. 19. The second and last sentences of Sec. 24.80 are revised to 
    read as follows:
    
    
    Sec. 24.80  General.
    
         * * * The formula must be prepared and filed on ATF F 5120.29, 
    Formula and Process for Wine, in accordance with the instructions on 
    the form.* * * Except for research, development, and testing, no 
    special natural wine, agricultural wine, or, if required to be covered 
    by an approved formula, wine other than standard wine may be produced 
    prior to approval by the appropriate ATF officer of a formula covering 
    each ingredient and process (if the process requires approval) used in 
    the production of the product.
    * * * * *
        Par. 20. The third and sixth sentences of Sec. 24.81 are revised as 
    follows:
    
    
    Sec. 24.81  Filing of formulas.
    
        * * * After a change in formula is approved, the original formula 
    must be surrendered to the appropriate ATF officer. * * * The 
    appropriate ATF officer may at any time require the proprietor to file 
    a statement of process in addition to that required by the ATF F 
    5120.29 or any other data to determine whether the formula should be 
    approved or the approval continued.
    * * * * *
    
    
    Sec. 24.82  [Amended]
    
        Par. 21. The fourth sentence of Sec. 24.82 is amended by removing 
    the words ``Director or the regional director (compliance)'' and 
    adding, in substitution, the words ``appropriate ATF officer''.
    
    
    Sec. 24.100  [Amended]
    
        Par. 22. Section 24.100 and the introductory text of paragraph (g) 
    of Sec. 24.300 are amended to remove the phrase ``to the regional 
    director (compliance)''.
    
    
    Sec. 24.101  [Amended]
    
        Par. 23. The first and second sentences of paragraph (a) of 
    Sec. 24.101
    
    [[Page 13685]]
    
    are amended to remove the phrase ``with the regional director 
    (compliance)'' and in the first sentence only add, in substitution, the 
    phrase ``as provided in Sec. 24.105''.
        Par. 24. Section 24.103 is revised to read as follows:
    
    
    Sec. 24.103  Other operations.
    
        Upon the specific approval of the appropriate ATF officer, other 
    operations not provided for in this part may be conducted on wine 
    premises. Authority to conduct other operations may be obtained by 
    submitting an application to the appropriate ATF officer. The 
    application must specifically describe the operation to be conducted 
    and the wine premises and equipment to be used. An appropriate ATF 
    officer may make any inquiry necessary to determine whether the conduct 
    of other operations on wine premises would jeopardize the revenue, 
    conflict with wine operations, or be contrary to law. Other operations 
    authorized under this section will be conducted in accordance with the 
    conditions, limitations, procedures, and terms stated in the approved 
    application. Authority to conduct other operations may be withdrawn 
    whenever the appropriate ATF officer determines the conduct of the 
    other operations on wine premises jeopardizes the revenue, conflicts 
    with wine operations, or is contrary to law.
    
    
    Sec. Sec. 24.106, 24.114, 24.135, and 24.137  [Amended]
    
        Par. 25. The fourth sentence of Sec. 24.106, the second and third 
    sentences of Sec. 24.114, the introductory text of paragraph (b) of 
    Sec. 24.135 and paragraph (b) of Sec. 24.137 are amended to remove the 
    phrase ``with the regional director (compliance)''.
    
    
    Sec. 24.109  [Amended]
    
        Par. 26. The second sentence of paragraph (k) of Sec. 24.109 is 
    amended by removing the words ``regional director (compliance) of any 
    ATF region'' and adding, in substitution, the phrase ``appropriate ATF 
    officer'' and the fourth and fifth sentences are amended by removing 
    the words ``regional director (compliance)'' and by adding, in 
    substitution, the phrase ``appropriate ATF officer''.
        Par. 27. Paragraph (d) of Sec. 24.110 is revised to read as 
    follows:
    
    
    Sec. 24.110  Organizational Documents.
    
    * * * * *
        (d) Availability of additional corporate documents. The originals 
    of documents required to be submitted under this section and additional 
    documents that may be required by the appropriate ATF officer (such as 
    articles of incorporation, bylaws, and any certificate issued by a 
    State authorizing operations) must be made available to any appropriate 
    ATF officer upon request.
    * * * * *
    
    
    Sec. 24.116  [Amended]
    
        Par. 28. The last sentence of Sec. 24.116 is amended to remove the 
    words ``regional director'' and adding, in substitution, the phrase 
    ``appropriate ATF officer''.
    
    
    Sec. 24.131  [Amended]
    
        Par. 29. Section 24.131 is amended to remove the words ``regional 
    director (compliance) through the area supervisor'' from the first 
    sentence and the words ``regional director (compliance)'' from the 
    third sentence and adding in both sentences, in substitution, the 
    phrase ``appropriate ATF officer''.
        Par. 30. The first and second sentences of Sec. 24.145 are revised 
    to read as follows:
    
    
    Sec. 24.145  General requirements.
    
        Each person required to file a bond or consent of surety under this 
    part must prepare, execute and submit the bond or consent of surety on 
    the prescribed form in accordance with this part and the instructions 
    printed on the form. A person may not commence or continue any business 
    or operation relating to wine until all bonds and consents of surety 
    required under this part with respect to the business or operation have 
    been approved by the appropriate ATF officer.* * *
    
    
    Sec. 24.201  [Amended]
    
        Par. 31. The first sentence of Sec. 24.201 is amended by removing 
    the phrase ``from the Director'' and adding, in substitution, the word 
    ``an''.
    
    
    Sec. 24.211  [Amended]
    
        Par. 32. The second sentence of Sec. 24.211 is amended by removing 
    the words ``with the Director''.
        Par. 33. Paragraph (b) of Sec. 24.249 is revised to read as 
    follows:
    
    
    Sec. 24.249  Experimentation with new treating material or process.
    
    * * * * *
        (b) Application. The proprietor who wants to conduct 
    experimentation must file an application with the appropriate ATF 
    officer setting forth in detail the experimentation to be conducted and 
    the facilities and equipment to be used. The proposed experimentation 
    must not be conducted until the appropriate ATF officer has determined 
    that the conduct of such experimentation must not jeopardize the 
    revenue, conflict with wine operations, or be contrary to law, and has 
    approved the application.
    * * * * *
    
    
    Sec. 24.250  [Amended]
    
        Par. 34. Paragraph (a) of Sec. 24.250 is amended by removing the 
    following phrase ``regional director (compliance) of the region in 
    which the bonded wine premises is located'' and adding, in 
    substitution, the phrase ``appropriate ATF officer''.
    
    
    Sec. 24.250  [Amended]
    
        Par. 35. Paragraph (c) of Sec. 24.250 is revised by removing the 
    word ``Director'' in the first sentence and, in substitution, adding 
    the phrase ``appropriate ATF officer'', and removing the last two 
    sentences.
        Par. 36. Paragraph (d) of Sec. 24.250 is revised to read as 
    follows:
    
    
    Sec. 24.250  Application for use of new treating material or process.
    
    * * * * *
        (d) Processing of application. After evaluation of the data 
    submitted with the application, the appropriate ATF officer will make a 
    decision regarding the acceptability of the proposed treatment in good 
    commercial practice. The appropriate ATF officer will notify the 
    proprietor of the approval or disapproval of the application.
    * * * * *
    
    
    Sec. 24.267  [Amended]
    
        Par. 37. Section 24.267 is amended by removing the words ``regional 
    director (compliance) or nearest designated'' and adding, in 
    substitution, the word ``appropriate''.
        Par. 38. The text of 24.268 is revised to read as follows:
    
    
    Sec. 24.268  Losses by fire or other casualty.
    
        The proprietor must immediately report any loss by theft, fire or 
    other casualty, or any other extraordinary or unusual loss to the 
    appropriate ATF officer. If required by the appropriate ATF officer, 
    the proprietor must file a claim under the provisions of Sec. 24.65. 
    The volume of wine loss must be reported on ATF F 5120.17 for the 
    reporting period during which the loss occurred.
    * * * * *
    
    
    Sec. 24.272  [Amended]
    
        Par. 39. Paragraph (b)(1) of Sec. 24.272 is amended by removing the 
    words ``regional director (compliance) of each ATF region in which 
    taxes are paid'' and adding, in substitution, the words ``appropriate 
    ATF officer''.
        Par. 40. Paragraph (a) of Sec. 24.294 is revised to read as 
    follows:
    
    [[Page 13686]]
    
    Sec. 24.294  Destruction of Wine.
    
        (a) General. Wine on bonded wine premises may be destroyed on or 
    off wine premises by the proprietor without payment of tax. A 
    proprietor who wants to destroy wine on or off wine premises must file 
    with the appropriate ATF officer an application stating the kind, 
    alcohol content, and approximate volume of wine to be destroyed, where 
    the wine is to be destroyed, and the reason for destruction. Wine to be 
    destroyed must be inspected, and the destruction supervised, by an 
    appropriate ATF officer unless the appropriate ATF officer authorizes 
    the proprietor to destroy the wine without inspection and supervision. 
    The wine must not be destroyed until the proprietor has received 
    authority from the appropriate ATF officer.
        Par. 41. The third sentence of paragraph (a) introductory text, of 
    Sec. 24.300 is amended by removing the phrase ``submitted to the 
    regional director (compliance)''.
        Par. 42. Sec. 24.300, paragraph (c) and the third and fifth 
    sentences of paragraph (g)(2) are revised to read as follows:
    
    
    Sec. 24.300  General.
    
    * * * * *
        (c) Prescribed forms. All reports required by this part must be 
    submitted on forms prescribed by Sec. 24.20. Entries will be made as 
    indicated by the headings of the columns and lines, and as required by 
    the instructions for the form. Report forms are furnished free of cost.
    * * * * *
        (g) ATF F 5120.17, Report of bonded wine premises operations. * * *
        (2) * * * A proprietor who is commencing operations during a 
    calendar year and expects to meet these criteria may use a letter 
    notice to the appropriate ATF officer, and file an annual ATF F 5120.17 
    for the remaining portion of the calendar year. * * * If there is a 
    jeopardy to the revenue, the appropriate ATF officer may at any time 
    require any proprietor otherwise eligible for annual filing of a report 
    of bonded wine premises operations to file such report monthly.
    * * * * *
    
        Signed: December 9, 1998.
    John W. Magaw,
    Director.
    
        Approved: February 9, 1999.
    John P. Simpson,
    Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
    [FR Doc. 99-6736 Filed 3-19-99; 8:45 am]
    BILLING CODE 4810-31-P
    
    
    

Document Information

Effective Date:
3/22/1999
Published:
03/22/1999
Department:
Alcohol, Tobacco, Firearms, and Explosives Bureau
Entry Type:
Rule
Action:
Treasury decision, final rule.
Document Number:
99-6736
Dates:
March 22, 1999.
Pages:
13682-13686 (5 pages)
Docket Numbers:
T.D. ATF-409
RINs:
1512-AB87
PDF File:
99-6736.pdf
CFR: (33)
27 CFR Sec
27 CFR 24.3
27 CFR 24.10
27 CFR 24.19
27 CFR 24.20
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