Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations 21667

consumption (Customs Form 7501,

column 34), or its electronic equivalent

(see paragraph (c)(1) of this section).

(b) Importer certification. By entering

the worsted wool fabric under HTSUS

subheading 9902.51.11 or 9902.51.12,

the importer thus certifies that the

worsted wool fabric is suitable for use

in making suits, suit-type jackets, or

trousers, as required under these

subheadings.

(c) Validity of license.—(1) License

number. To be valid, the license, or

written authorization issued under the

license and including its unique control

number, must meet the requirements of

15 CFR 335.5, and with respect to the

requirement in 15 CFR 335.5(a) that the

license have a unique control number,

the license must have a distinct and

unique identifying number consisting of

9 characters comprised of the following

three elements:

(i) The first character must be a ‘‘W’’;

(ii) The second and third characters

must consist of the last 2 digits of the

calendar year for which the license is

issued and during which it is in effect;

and

(iii) The final 6 characters represent

the distinct and unique identifier

assigned to the license by the

Department of Commerce.

(2) Use of license. A license covering

worsted wool fabric that is entered

under HTSUS subheading 9902.51.11 or

9902.51.12 is in effect, and may be used

to obtain the applicable in-quota rate of

duty for fabric that is entered or

withdrawn for consumption, only

during the specific calendar year

(January 1—December 31, inclusive) for

which the license is issued (see 15 CFR

335.2 and 335.5(b) and (d)).

(d) Retention and production of

license or authorization to Customs. The

license and any written authorization

from the licensee to the importer are

subject to the recordkeeping

requirements of part 163 of this chapter

(19 CFR part 163). Specifically, the

license and any written authorization

must be retained for a period of 5 years

in accordance with § 163.4(a) of this

chapter, and must be made available to

Customs upon request in accordance

with § 163.6(a) of this chapter.

PART 163—RECORDKEEPING

1. The authority citation for part 163

continues to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66,

1484, 1508, 1509, 1510, 1624.

2. The Appendix to part 163 is

amended by adding the following new

listing under section IV in appropriate

numerical order to read as follows:

Appendix to Part 163—Interim (a)(1)(A)

List

* * * * *

IV. * * *

§ 132.18 License, or written authorization,

as applicable, for worsted wool fabric

subject to tariff-rate quota

* * * * *

Charles W. Winwood,

Acting Commissioner of Customs.

Approved: April 9, 2001.

Timothy E. Skud,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 01–10717 Filed 4–30–01; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 250

[T.D. ATF–451]

RIN 1512–AC38

Delegation of Authority (2000R–415P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Treasury.

ACTION: Treasury decision, final rule.

SUMMARY: This final rule places ATF

authorities contained in ATF

regulations, with the ‘‘appropriate ATF

officer’’ and requires that persons file

documents required by ATF regulations,

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 and the word ‘‘region.’’

Concurrently with this Treasury

Decision, ATF Order 1130.23 is being

published. Through this order, the

Director has delegated all of the

authorities in ATF regulations to the

appropriate ATF officers and specified

the ATF officers with whom

applications, notices and other reports,

which are not ATF forms, are filed. In

addition, this final rule makes a few

corrections and provides an additional

option for filing a statement of eligibility

for flavors.

EFFECTIVE DATE: This rule is effective

May 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert Ruhf, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue

NW, Room 5003, Washington, DC 20226

(telephone 202–927–8210 or e-mail to

alctob@atfhq.atf.treas.gov).

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)

and 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 chapter 51 of

the IRC or 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 250

that were previously delegated and

places those authorities with the

‘‘appropriate ATF officer.’’ All 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 1130.23,

Delegation Order—Delegation of the

Director’s Authorities in 27 CFR Part

250, Liquors and Articles from Puerto

Rico and the Virgin Islands, 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 250 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 userfriendly manner.

In addition, this final rule also

eliminates all references in the

21668 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations

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 250 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 1130.23. 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 A—

Scope of Regulations of 27 CFR part

250. First, a new § 250.3 is added to

recognize the authority of the Director to

delegate regulatory authorities in part

250 and to identify ATF Order 1130.23

as the instrument reflecting such

delegations. Second, § 250.2 is amended

to provide that the instructions for an

ATF form identify the ATF officer with

whom it must be filed.

ATF has made or will 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.

Miscellaneous Changes

We have given an option to file ATF

Form 5154.1 for persons who require a

statement of eligibility for flavors to be

used in the computation of the effective

tax rate for distilled spirits. This ATF

form may be used in lieu of the

statement of composition prescribed by

27 CFR 250.50a(b).

Corrections

Two corrections have been made.

First, we have corrected the text of

§ 250.118 to insure that the district

director is referenced in this entire

section. Second, we have removed

§ 250.277 which no longer applies

because T.D. ATF–206 (50 FR 23949)

eliminated the use and reports of strip

stamps.

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).

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 250

Alcohol and alcoholic beverages,

Administrative practice and procedure,

Authority delegations (Government

agencies), Beer, Claims, Customs duties

and inspection, Electronic funds

transfers, Excise taxes, Labeling,

Liquors, Packaging and containers,

Reporting and recordkeeping

requirements, Spices and flavorings,

Surety bonds, Transportation,

Warehouses, Wine.

Authority and Issuance

Title 27, chapter I, Code of Federal

Regulations is amended as follows:

PART 250—LIQUORS AND ARTICLES

FROM PUERTO RICO AND THE VIRGIN

ISLANDS

Paragraph 1. The authority citation

for part 250 continues to read as

follows:

Authority: 19 U.S.C. 81c; 26 U.S.C. 5001,

5007, 5008, 5010, 5041, 5051, 5061, 5081,

5111, 5112, 5114, 5121, 5122, 5124, 5131–

5134, 5141, 5146, 5207, 5232, 5271, 5276,

5301, 5314, 5555, 6001, 6301, 6302, 6804,

7101, 7102, 7651, 7652, 7805; 27 U.S.C. 203,

205; 31 U.S.C. 9301, 9303, 9304, 9306.

§§ 250.2, 250.11, 250.43, 250.209, 250.314,

250.316, 250.319 and 250.331 [Amended]

Par. 2. In part 250 remove the words

‘‘Director’’ each place it appears and

add, in substitution, the words

‘‘appropriate ATF officer’’ in the

following places:

a. Section 250.2(a);

b. The definition of ‘‘Liquor bottle’’ in

§ 250.11;

c. Section 250.43;

d. Section 250.209;

e. The first sentence of § 250.314(b);

f. Section 250.316;

g. Section 250.319; and

h. The third, fourth and last sentence

of § 250.331(b).

Par. 3. Section 250.2 is further

amended by adding a sentence at the

end of paragraph (a) and revising

paragraph (b) to read as follows:

§ 250.2 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/).

Par. 4. In Subpart A—Scope of

Regulations, a new § 250.3 is added as

follows:

§ 250.3 Delegations of the Director.

All of the regulatory authorities of the

Director contained in this part 250 are

delegated to appropriate ATF officers.

These ATF officers are specified in ATF

Order 1130.23, Delegation Order—

Delegation of the Director’s Authorities

in 27 CFR Part 250, Liquors and Articles

from Puerto Rico and the Virgin Islands.

ATF delegation orders, such as ATF

Order 1130.23, are available to any

interested person by mailing a request to

the ATF Distribution Center, P.O. Box

5950, Springfield, Virginia 22150–5950,

or by accessing the ATF web site

(http://www.atf.treas.gov/).

Par. 5. Section 250.11 is further

amended by:

a. Removing the definitions of ‘‘ATF

officer’’, ‘‘Chief, Puerto Rico Operations,

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations 21669

‘‘Region’’, ‘‘Regional director

(compliance), and ‘‘United States

Bureau of Alcohol, Tobacco and

Firearms office’’; and

b. Adding a new definition of

‘‘Appropriate ATF officer’’ to read as

follows:

§ 250.11 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 1130.23, Delegation

Order—Delegation of the Director’s

Authorities in 27 CFR Part 250, Liquors

and Articles from Puerto Rico and the

Virgin Islands.

* * * * *

Par. 6. Section 250.37 is revised to

read as follows:

§ 250.37 United States Bureau of Alcohol,

Tobacco and Firearms officers.

Appropriate ATF officers are

authorized to collect internal revenue

taxes on liquors and articles subject to

tax, which are to be shipped to the

United States.

Par. 7. Section 250.50a(b)(2) is revised

to read as follows:

§ 250.50a Verification of eligible flavors.

* * * * *

(b) * * *

(2) A statement of composition using

ATF Form 5154.1 or a letterhead request

that lists the—

(i) Name and percentage of alcohol by

volume of the flavor; and

(ii) Name and quantity of each

ingredient used in the manufacture of

the flavor.

* * * * *

§§ 250.52, 250.81, 250.96, 250.105, 250.110,

250.112, 250.112a, 250.126 and 250.222

[Amended]

Par. 8. Part 250 is amended by

removing the words ‘‘Chief, Puerto Rico

Operations’’ or ‘‘Chief, Puerto Rican

Operations,’’ and adding, in

substitution, the words ‘‘appropriate

ATF officer’’ each place it appears in the

following places:

a. Section 250.52(b) and (c);

b. Section 250.81;

c. Section 250.96;

d. Section 250.105;

e. Section 250.110;

f. Section 250.112(c)(1), (c)(4) and (e);

g. Section 250.112a(c)(1);

h. Section 250.126; and

i. Section 250.222(b) and (c).

Par. 9. Section 250.54 is revised to

read as follows:

§ 250.54 Filing and disposition of

formulas.

Formulas required by this subpart

must be submitted, and disposed of, in

accordance with the instructions on the

prescribed ATF form. The applicant

shall maintain copies of approved

formulas available for examination by

revenue agents.

Par. 10. Section 250.61 is revised to

read as follows:

§ 250.61 General.

Every person filing a bond under this

subpart, or consent of surety on such

bond, must file it in accordance with the

instructions on the form.

§§ 250.62a, 250.65, 250.70, 250.70a, 250.71,

250.72, 250.74, 250.75, 250.112, 250.112a,

250.194, 250.276, 250.303 and 250.331

[Amended]

Par. 11. Part 250 is further amended

by removing the words ‘‘regional

director (compliance)’’ each place they

appear and adding, in substitution, the

words ‘‘appropriate ATF officer’’ in the

following places:

a. Section 250.62a;

b. Section 250.65;

c. Section 250.70;

d. Section 250.70a;

e. Section 250.71(c) and (d);

f. Section 250.72;

g. Section 250.74;

h. Section 250.75;

i. Section 250.112(e);

j. Section 250.112a(b)(3);

k. Section 250.194;

l. The first and second sentence of

§ 250.276;

m. Section 250.303; and

n. The first and second sentence of

§ 250.331(b).

Par. 12. Section 250.112(c)(3) is

revised to read as follows:

§ 250.112 Returns for semimonthly

periods.

(c) Filing. ***

(3) The remittance may be in any form

that is authorized to be accepted under

the provisions of § 70.61 of this chapter.

* * * * *

§ 250.112a [Amended]

Par. 13. The first sentence of

§ 250.112a(b)(1) is amended by

removing the words ‘‘regional director

(compliance), for each region in which

taxes are paid’’ and adding in

substitution the words ‘‘appropriate

ATF officer’’.

§ 250.113 [Amended]

Par. 14. Section 250.113(a) is

amended by removing the words ‘‘on

file with the Chief, Puerto Rico

Operations’’.

§§ 250.116, 250.174 and 250.310

[Amended]

Par. 15. Part 250 is further amended

by inserting the word ‘‘appropriate’’

before the words ‘‘ATF officer’’ or ‘‘ATF

officers’’ each place they appear in the

following places:

a. The second to the last sentence of

§ 250.116;

b. Section 250.174(a) and (e); and

c. Section 250.310(a) and (e).

Par. 16. The second to the last

sentence in § 250.118 is amended by

removing the word ‘‘director’’ and

adding in substitution the words

‘‘district director of customs’’.

Par. 17. Section 250.119 is revised to

read as follows:

§ 250.119 Disposition of forms by district

director of customs.

Two copies of the Form 487B will be

forwarded to the appropriate ATF

officer, and one copy of the form will be

retained by the district director of

customs and be available for inspection

by appropriate ATF officers.

Par. 18. The second and third

sentences of § 250.128 are revised to

read as follows:

§ 250.128 Taxpayment at port of arrival.

* * *The tax may be paid to an

appropriate ATF officer, and an ATF

receipt obtained, or the tax may be paid

to the director of customs, who will

issue a customs receipt. If payment is to

be made to an appropriate ATF officer,

the director of customs will notify the

appropriate ATF officer of the amount

of tax due. * * *

Par 19. Section 250.172 is amended:

a. In paragraph (a) by removing the

preceding comma and the words ‘‘but

references therein to a regional director

(compliance) shall apply, for purposes

of this part, to the Chief, Puerto Rico

Operations’’;

b. By revising paragraph (b) to read as

follows:

§ 250.172 Bonds.

* * * * *

(b) Approval required. No person

bringing eligible articles into the United

States from Puerto Rico may file

monthly claims for drawback under the

provisions of this subpart until a bond

on ATF Form 5154.3 has been

approved.

Par. 20. Section 250.173 is amended

by:

a. Revising paragraph (a) to read as set

forth below; and

b. Removing the phrase ‘‘with the

Chief, Puerto Rico Operations,’’ from the

first sentence of paragraph (d).

21670 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations

§ 250.173 Claims for drawback.

(a) General. Persons bringing eligible

articles into the United States from

Puerto Rico must file claim for

drawback on ATF Form 2635 (5620.8).

Upon finding that the claimant has

satisfied the requirements of this

subpart, the appropriate ATF officer

must allow the drawback of taxes at a

rate of $1 less than the lesser of $10.50

a proof gallon or the rate specified in 26

U.S.C. 5001(a).

* * * * *

§ 250.193 [Amended]

Par. 21. The last sentence of

§ 250.193(b) is amended by removing

the phrase ‘‘regional director

(compliance) of the consignee’s region’’

and adding, in substitution, the words

‘‘appropriate ATF officer’’.

§ 250.197 [Amended]

Par. 22. Section 250.197 is amended

by removing the phrase ‘‘regional

director (compliance) of each region in

which a consignee’s distilled spirits

plant is located’’ and adding, in

substitution, the words ‘‘appropriate

ATF officer’’.

Par. 23. Section 250.199f(c) is revised

to read as follows:

§ 250.199f Consignee premises.

* * * * *

(c) Distribution of forms. The

proprietor shall keep and send copies

according the instructions on the form.

* * * * *

Par. 24. Section 250.224 is revised to

read as follows:

§ 250.224 Filing and disposition of

formulas.

Formulas required by this subpart

must be submitted, and disposed of, in

accordance with the instructions on the

prescribed ATF form. The applicant

shall maintain copies of approved

formulas available for examination by

insular agents.

Par. 25. Section 250.275(a) is revised

to read as follows:

§ 250.275 Filing.

(a) All records and reports required by

this part will be maintained separately,

by transaction or reporting date, at the

importer’s place of business. The

appropriate ATF officer may, pursuant

to an application, authorize files, or an

individual file, to be maintained at

another business location under the

control of the importer, if the alternative

location does not cause undue

inconvenience to appropriate ATF or

Customs officers desiring to examine the

files or delay in the timely submission

of documents.

* * * * *

Par. 26. The first sentence of

§ 250.276 is revised to read as follows:

§ 250.276 Retention.

All records required by this part,

documents or copies of documents

supporting these records, and file copies

of reports required by this part shall be

retained for not less than three years,

and during this period shall be

available, during business hours, for

inspection and copying by appropriate

ATF or customs officers. * * *

Par. 27. The undesignated heading

preceding § 250.277 is removed.

§ 250.277 [Removed]

Par. 28. Section 250.277 is removed

and reserved.

Par. 29. Section 250.308 is amended:

a. By removing in paragraph (a) the

preceding comma and the words ‘‘, but

references therein to a regional director

(compliance) shall apply, for purposes

of this part to the Chief, Puerto Rico

Operations’’; and

b. By revising paragraph (b) to read as

follows:

§ 250.308 Bonds.

* * * * *

(b) Approval required. No person

bringing eligible articles into the United

States from the Virgin Islands may file

monthly claims for drawback under the

provisions of this subpart until a bond

on ATF Form 5154.3 has been

approved.

Par. 30. Section 250.309 is amended

by:

a. Revising paragraph (a) to read as set

forth below; and

b. Removing the phrase ‘‘with the

Chief, Puerto Rico Operations,’’ from the

first sentence of paragraph (d).

§ 250.309 Claims for drawback.

(a) General. Persons bringing eligible

articles into the United States from the

Virgin Islands must file claim for

drawback on ATF Form 2635 (5620.8).

Upon finding that the claimant has

satisfied the requirements of this

subpart, the appropriate ATF officer

must allow the drawback of taxes at a

rate of $1 less than the lesser of $10.50

a proof gallon or the rate specified in 26

U.S.C. 5001(a).

* * * * *

§ 250.314 [Amended]

Par. 31. Section 250.314 is amended

by:

a. Removing the phrase ‘‘to the

Director’’ in the second sentence in

paragraph (a).

b. Removing the phrase ‘‘from the

Director’’ in the third sentence in

paragraph (a).

c. Removing the word ‘‘Director’s’’

and adding, in substitution, the words

‘‘appropriate ATF officer’s’’ in the third

sentence in paragraph (b).

Par. 32. Section 250.318 is revised to

read as follows:

§ 250.318 Liquor bottles denied entry.

Filled liquor bottles not conforming to

the provisions of this subpart shall be

denied entry into the United States:

Provided, That, upon letterhead

application, in triplicate, the

appropriate ATF officer may, in

nonrecurring cases, authorize the

release from customs custody of

distilled spirits in bottles, except those

coming under the provisions of

§ 250.316, which, through unintentional

error, do not conform to the provisions

of this subpart, if such officer finds that

such release will not afford jeopardy to

the revenue.

§ 250.331 [Amended]

Par. 33. Section 250.331 is further

amended by:

a. Removing from the first sentence of

paragraph (a) the words ‘‘regional

director (compliance) of the region in

which his place of business is located’’

and adding, in substitution, the words

‘‘appropriate ATF officer’’.

b. Removing the second sentence of

paragraph (b).

Signed: March 14, 2001.

Bradley A. Buckles,

Director.

Approved: March 28, 2001.

Timothy E. Skud,

Acting Deputy Assistant Secretary

(Regulatory, Tariff and Trade Enforcement).

[FR Doc. 01–10673 Filed 4–30–01; 8:45 am]

BILLING CODE 4810–31–P

OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

29 CFR Part 2202

Rules of Ethics and Conduct of Review

Commission Employees

AGENCY: Occupational Safety and Health

Review Commission.

ACTION: Final rule.

SUMMARY: The Commission hereby

eliminates its rules for the ethics and

conduct of Commission employees. The

ethics and conduct of Commission

employees are now governed by rules

issued by the Office of Government

Ethics (OGE) subsequent to the