5480 Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations

officer, may require that the beer be

moved to a more convenient location. In

this case, the brewer may not destroy

the beer except under the conditions

imposed by the appropriate ATF officer.

Par. 26. Section 25.273 is revised to

read as follows:

§ 25.273 Action on application.

If the appropriate ATF officer

approves the application for a pilot

brewing plant, he or she will note

approval on the application and forward

a copy to the applicant. The applicant

must file the copy of the approved

application at the premises, available for

inspection by an appropriate ATF

officer.

Par. 27. Section 25.276 (c) amended

by revising the first and last sentences

to read as follows:

§ 25.276 Operations and records.

* * * * *

(c) Records. The operator of a pilot

brewing plant must maintain records

which, in the opinion of the appropriate

ATF officer, are appropriate to the type

of operation being conducted. * * *

These records will be available for

inspection by an appropriate ATF

officer.

* * * * *

Par. 28. Section 25.282(e) is revised to

read as follows:

§ 25.282 Beer lost by fire, theft, casualty,

or act of God.

* * * * *

(e) Notification of appropriate ATF

officer. (1) A brewer who sustains a loss

of beer before transfer of title of the beer

to another person and who desires to

adjust the tax on the excise tax return

or to file a claim for refund or for relief

from liability of tax, must, on learning

of the loss of beer, immediately notify

in writing the appropriate ATF officer of

the nature, cause, and extent of the loss,

and the place where the loss occurred.

Statements of witnesses or other

supporting documents must be

furnished if available.

(2) A brewer possessing

unmerchantable beer and who desires to

adjust the tax on the excise tax return

or to file a claim for refund or for relief

from liability must notify in writing the

appropriate ATF officer, of the

circumstances by which the beer

became unmerchantable, and must state

why the beer cannot be salvaged and

returned to the market for consumption

or sale.

§ 25.283 [Amended]

Par. 29. Section 25. 283(e) is amended

by removing the words ‘‘with the

regional director (compliance) of the

region in which the beer was lost,

returned, destroyed, or rendered

unmerchantable’’.

Par. 30. Section 25.284(d) is amended

by revising the third and last sentences

to read as follows:

§ 25.284 Adjustment of tax.

* * * * *

(d) Beer lost, destroyed or rendered

unmerchantable. * * * A brewer may

not make an adjustment prior to

notification required under § 25.282(e).

When beer appears to have been lost

due to theft, the brewer may not make

an adjustment to the tax return until

establishing to the satisfaction of the

regional director (compliance) that the

theft occurred before removal from the

brewery and occurred without

connivance, collusion, fraud, or

negligence on the part of the brewer,

consignor, consignee, bailee, or carrier,

or the employees or agents of any of

them.

* * * * *

§ 25.285 [Amended]

Par. 31. Section 25.285(a) is amended

by removing from the third sentence the

words ‘‘with regional director

(compliance) in which the brewer’s

principal place of business is located’’

and the comma following these words.

§ 25.297 [Amended]

Par. 32. Section 25.297(a) is amended

by removing the words ‘‘to the regional

director (compliance) not later than the

15th day of the month following the

close of the month for which prepared’’.

Par. 33. Section 25.297(b) is amended

by removing from the first sentence the

words ‘‘with the regional director

(compliance) not later than the 15th day

of the month following the close of the

calendar quarter for which prepared’’.

Signed: July 19, 2000.

Bradley A. Buckles,

Director.

Approved: August 1, 2000.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 01–1164 Filed 1–18–01; 8:45 am]

BILLING CODE 4810–31–U

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 30

[T.D. ATF–438]

RIN 1512–AC16

Delegation of Authority in 27 CFR Part

30

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Treasury.

ACTION: Treasury decision, final rule.

SUMMARY: Authority delegation. This

final rule places all ATF authorities

contained in part 30, title 27 Code of

Federal Regulations (CFR), with the

‘‘appropriate ATF officer.’’ Also, this

final rule removes the definitions of,

and references to, specific officers

subordinate to the Director.

Concurrently with this Treasury

Decision, ATF Order 1130.17 is being

published. Through this order, the

Director has delegated the authorities in

27 CFR part 30 to the appropriate ATF

officers.

EFFECTIVE DATE: January 19, 2001.

FOR FURTHER INFORMATION CONTACT: Lisa

Gesser, Regulations Division, Bureau of

Alcohol, Tobacco and Firearms, 650

Massachusetts Avenue NW.,

Washington, DC 20226, (202–927–9347)

or e-mail at 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).

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

Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations 5481

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 30

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 1130.17,

Delegation Order—Delegation of the

Director’s Authorities in part 30,

Gauging Manual, 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 30 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.

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 Lisa Gesser, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms.

List of Subjects in 27 CFR Part 30

Alcohol and alcoholic beverages,

Measurement standards, Scientific

equipment.

Authority and Issuance

Title 27, Code of Federal Regulations

is amended as follows:

PART 30—GAUGING MANUAL

Paragraph 1. The authority citation

for part 30 continues to read as follows:

Authority: 26 U.S.C. 7805.

Par. 2. Section 30.11 is amended by

removing the definitions of ‘‘ATF

officer’’ and ‘‘Regional director’’ and by

adding a new definition of ‘‘Appropriate

ATF officer’’ to read as follows:

§ 30.11 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 1130.17, Delegation

Order—Delegation of the Director’s

Authorities in 27 CFR Part 30—Gauging

Manual.

* * * * *

§§ 30.11, 30.31, 30.36, 30.43, and 30.51

[Amended]

Par. 3. Part 30 is further amended by

removing the words ‘‘Director’’ each

place it appears and adding, in

substitution, the words ‘‘appropriate

ATF officer’’ in the following places:

(a) The definition of ‘‘Bulk

conveyance’’ in § 30.11;

(b) Section 30.31(b);

(c) Section 30.36;

(d) The last sentence of § 30.43; and

(e) The first sentence of § 30.51.

Par. 4. Section 30.21(c) is revised to

read as follows:

§ 30.21 Requirements.

* * * * *

(c) Appropriate ATF Officers.

Appropriate ATF officers shall use only

hydrometers and thermometers

furnished by the Government. However,

where this part requires the use of a

specific gravity hydrometer, ATF

officers shall use precision grade

specific gravity hydrometers conforming

to the provisions of § 30.24, furnished

by the proprietor. However, the

appropriate ATF officer may authorize

the use of other instruments approved

by the appropriate ATF officer as being

equally satisfactory for determination of

specific gravity and for gauging. From

time to time appropriate ATF officers

shall verify the accuracy of hydrometers

and thermometers used by proprietors.

* * * * *

Par. 5. Section 30.24(a) is amended by

adding the word ‘‘appropriate’’ before

the words ‘‘ATF officers.’’

Par. 6. Section 30.24(b) is amended by

adding the word ‘‘appropriate’’ before

the words ‘‘ATF officer.’’

Bradley A. Buckles,

Director.

Approved: August 11, 2001.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 01–1165 Filed 1–18–01; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF LABOR

Employment Standards

Administration, Wage and Hour

Division

29 CFR Part 552

RIN 1215–AA82

Application of the Fair Labor

Standards Act to Domestic Service

AGENCY: Wage and Hour Division,

Employment Standards Administration,

Labor.

ACTION: Notice of proposed rulemaking

and request for comments.

SUMMARY: The Department of Labor is

proposing to amend several of the

existing regulations under the Fair

Labor Standards Act (FLSA) pertaining

to the exemption for companionship