[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Rules and Regulations]
[Pages 49984-49985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23618]
[[Page 49984]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 1
[T.D. ATF-416]
RIN 1512-AB94
Delegation of Authority (99R-159P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
ACTION: Treasury Decision, final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule places most ATF authorities contained in part
1, title 27 Code of Federal Regulations (CFR), with the ``appropriate
ATF officer'' and requires that persons file documents required by part
1, 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 1130.6 is being published. Through this
order, the Director has delegated most of the authorities in 27 CFR
part 1 to the appropriate ATF officers and specified the ATF officers
with whom applications, notices and other reports that are not ATF
forms are filed.
DATES: This rule is effective September 15, 1999.
FOR FURTHER INFORMATION CONTACT: Robert Ruhf, Regulations Division,
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue NW,
Washington, DC 20226 (202-927-8210).
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 the Federal Alcohol
Administration (FAA) Act. 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 the FAA Act, 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 1 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 1130.6, Delegation Order--Delegation
of the Director's Authorities in Part 1, Basic Permit Requirements
Under the Federal Alcohol Administration Act, Nonindustrial Use of
Distilled Spirits and Wine, Bulk Sales and Bottling of Distilled
Spirits, 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 1 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 1 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 1130.6. These
changes will facilitate the identification of the officer with whom
forms and other required submissions are filed.
This final rule also makes three various technical amendments to
Subpart A--Scope of 27 CFR part 1. First, a new section is added to
recognize the authority of the Director to delegate regulatory
authorities in part 1 and to identify ATF Order 1130.6 as the
instrument reflecting such delegations. Second, Sec. 1.3 is amended to
provide that the instructions for an ATF form identify the ATF officer
with whom it must be filed. Third, references to ATF Form 5100.18 are
amended to remove its previous form number cited in parentheses.
ATF has begun to make similar changes in delegations to 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, 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,
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 49985]]
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 1
Administrative practices and procedures, Alcohol and alcoholic
beverages, Authority delegations, Imports, Liquors, Warehouses, Wine.
Authority and Issuance
Title 27, part 1 of the Code of Federal Regulations is amended as
follows:
PART 1--BASIC PERMIT REQUIREMENTS UNDER THE FEDERAL ALCOHOL
ADMINISTRATION ACT, NONINDUSTRIAL USE OF DISTILLED SPIRITS AND
WINE, AND BULK SALES AND BOTTLING OF DISTILLED SPIRITS
1. The authority citation for part 1 continues to read as follows:
Authority: 27 U.S.C. 203, 204, 206, and 211 unless otherwise
noted.
2. In Section 1.3 paragraph (a) is amended by removing the word
``Director'' and adding, in substitution, the phrase ``appropriate ATF
officer'', and by adding a sentence at the end of paragraph (a) and
paragraph (b) is revised to read as follows:
Sec. 1.3 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 22153-5190, or by accessing the ATF web
site (http://www.atf.treas.gov/).
3-4. Redesignate Sec. 1.4 as Sec. 1.10.
5. A new Sec. 1.4 is added to Subpart A and reads as follows:
Sec. 1.4 Delegations of the Director.
Most of the regulatory authorities of the Director contained in
this part 1 are delegated to appropriate ATF officers. These ATF
officers are specified in ATF Order 1130.6, Delegation Order--
Delegation of the Director's Authorities in Part 1, Basic Permit
Requirements Under the Federal Alcohol Administration Act,
Nonindustrial Use of Distilled Spirits and Wine, Bulk Sales and
Bottling of Distilled Spirits. ATF delegation orders, such as ATF Order
1130.6, 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/
).
6. Section 1.10 is amended by removing the definitions of ``ATF
officer'' and ``Regional director (compliance)'', by revising the
definitions of ``Applicant'' and ``Basic permit'', and by adding a new
definition of ``Appropriate ATF officer'' to read as follows:
Sec. 1.10 Meaning of terms.
* * * * *
Applicant. Any person who has filed an application for a basic
permit under the Federal Alcohol Administration Act with the
appropriate ATF officer.
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
1130.6, Delegation Order--Delegation of the Director's Authorities in
27 CFR Part 1, Basic Permit Requirements Under the Federal Alcohol
Administration Act, Nonindustrial Use of Distilled Spirits and Wine,
Bulk Sales and Bottling of Distilled Spirits.
* * * * *
Basic permit. A document issued under the Act authorizing a person
to engage in activities at a particular location.
* * * * *
Secs. 1.24, 1.27, 1.31, 1.42, 1.50, 1.51, 1.52, and 1.55
7. In part 1 remove the words ``regional director (compliance)''
each place it appears and add, in substitution, the words ``appropriate
ATF officer'' in the following places:
(a) Section 1.24 introductory text;
(b) Section 1.27;
(c) Section 1.31;
(d) Section 1.42;
(f) Section 1.50;
(g) Section 1.51;
(h) Section 1.52; and
(i) Section 1.55.
8. Section 1.25 is revised to read as follows:
Sec. 1.25 General.
Applications for basic permits to engage in any of the operations
set forth in Secs. 1.20 to 1.22 must be made on ATF Form 5100.24,
5170.4 or 5100.18, verified as required by Sec. 1.56, and will be
accompanied by such affidavits, documents, and other supporting data,
as the appropriate ATF officer may require. The application will
include all data, written statements, affidavits, documents, or other
evidence submitted in support of the application, or upon a hearing.
9. Section 1.29 is revised to read as follows:
Sec. 1.29 Individual plant or premises.
An application for a basic permit must be filed, and permit issued,
to cover each individual plant or premises where any of the businesses
specified in section 103 of the Act is engaged in.
10. The last sentence of Sec. 1.30 is amended by removing the comma
after ``(1534)'' and ``in triplicate, and submitted to the regional
director (compliance)'' and by adding in its place a period.
11. Section 1.35 is revised to read as follows:
Sec. 1.35 Authority to issue, amend, deny, suspend, revoke, or annul
basic permits.
The authority and power of issuing, amending, or denying basic
permits, or amendments thereof, is conferred upon the appropriate ATF
officer except as to agency initiated curtailment. The Director, upon
consideration of appeals on petitions for review in part 200 of this
chapter, may order the appropriate ATF officer to issue, deny, suspend,
revoke, or annul basic permits.
Secs. 1.40, 1.41 Amended
12. Part 1 is further amended by removing ``(1643), with the
regional director (compliance),'' each place it appears in the
following places:
(a) Section 1.40; and
(b) Section 1.41.
13. Section 1.56 is revised to read as follows:
Sec. 1.56 Oaths and affirmations.
A document must be verified by an oath or affirmation taken before
a person authorized by the laws of the United States or by State or
local law to administer oaths or affirmations in the jurisdiction where
the document is executed when required by:
(a) Regulation; or
(b) An appropriate ATF officer.
14. Section 1.58 is amended by adding the word ``appropriate''
before the words ``ATF officers.''
15. The introductory text and paragraph (c) of Sec. 1.59 are
amended by removing the words ``regional director (compliance)'' and
``regional director's (compliance)'' each place they appear and adding,
in substitution, the words ``appropriate ATF officer'' and
``appropriate ATF officer's'', respectively.
Signed: July 7, 1999.
John W. Magaw,
Director.
Approved: August 13, 1999.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 99-23618 Filed 9-14-99; 8:45 am]
BILLING CODE 4810-31-P
