5472 Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations

administration of this part is hindered

by the continuation of the authorization.

* * * * *

§§ 18.14, 18.22, 18.24 and 18.27 [Amended]

Par. 23. Part 18 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 18.14(a), introductory text

and (b);

(b) Section 18.22(b);

(c) Section 18.24; and

(d) Section 18.27(a).

§§ 18.15, 18.17, 18.19 and 18.61 [Amended]

Par. 24. Part 18 is further amended by

adding the word ‘‘appropriate’’ before

the phrase ‘‘ATF officers’’ or ‘‘ATF

officer’’ each place it appears in the

following places:

(a) Section 18.15;

(b) Section 18.17;

(c) Section 18.19; and

(d) Section 18.61(a) and (b).

Par. 25. Section 18.16 is further

amended by adding a sentence at the

end of paragraph (a) and revising

paragraph (b) to read as follows:

§ 18.16 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 at

the ATF web site (http://

www.atf.treas.gov/).

Par. 26. Section 18.21 is amended by

removing the words ‘‘to the regional

director (compliance)’’.

Par. 27. Section 18.26 is amended by

removing the words ‘‘with the regional

director (compliance)’’.

Par. 28. Section 18.65 is revised to

read as follows:

Sec. 18.65 Annual report.

An annual report, on Form

1695(5520.2), of concentrate plant

operations shall be prepared by each

proprietor and forwarded in accordance

with the instructions for the form. When

a proprietor permanently discontinues

the business of manufacturing

concentrate, the proprietor shall submit

the annual report in accordance with

the instructions for the form.

Signed: July 13, 2000.

Bradley A. Buckles,

Director.

Approved: August 1, 2000.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 01–1162 Filed 1–18–01; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 20, 21 and 22

[T.D. ATF–435]

RIN 1512–AC13

Delegation of Authority for Parts 20, 21

and 22

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Treasury.

ACTION: Treasury decision, final rule.

SUMMARY: This final rule places all ATF

authorities contained in parts 20, 21 and

22, title 27 Code of Federal Regulations

(CFR), with the ‘‘appropriate ATF

officer’’ and requires that persons file

documents required by such parts, with

the ‘‘appropriate ATF officer’’ or in

accordance with the instructions for 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 1130.9 is being

published. Through this order, the

Director has delegated all of the

authorities in 27 CFR parts 20, 21 and

22 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: This rule is effective

January 19, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert Ruhf, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue,

NW., 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).

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 parts

20, 21 and 22 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 1130.9,

Delegation Order—Delegation of the

Director’s Authorities in 27 CFR Parts

20, 21 and 22, Distilled Spirits Plants,

which delegates certain of these

authorities to the appropriate

organizational level. The effect of these

changes is to consolidate all delegations

of authority in parts 20, 21 and 22 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

parts 20, 21 and 22 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 1130.9.

These changes will facilitate the

Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations 5473

identification of the officer with whom

forms and other required submissions

are filed.

This final rule also makes various

technical amendments to parts 20, 21

and 22 of Title 27 of the Code of Federal

Regulations. First, new sections are

added in each part to recognize the

authority of the Director to delegate

regulatory authorities and to identify

ATF Order 1130.9 as the instrument

reflecting such delegations. Second,

§ 20.21, 21.2, 22.21 of Title 27 of the

Code of Federal Regulations are

amended to provide that the

instructions for an ATF form identify

the ATF officer with whom it must be

filed. Third, this rule removes from part

22 of Title 27 of the Code of Federal

Regulations the definition of the term

‘‘delegate.’’ This term is used only in the

definition of Secretary in part 22 of Title

27 of the Code of Federal Regulations.

We have removed the definition of

‘‘delegate’’ to be consistent with most

other parts of Title 27 of the Code of

Federal Regulations and to minimize

potential confusion and

misunderstanding with the appropriate

ATF officers to whom the Director has

delegated authority.

ATF has begun 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, we can issue this final rule

without the notice and public procedure

under 5 U.S.C. 553(b). For these same

reasons, we are issuing this final rule

effective on the same date of its

publication in the Federal Register.

This final rule is not subject 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

27 CFR Part 20

Administrative practice and

procedure, Advertising, Alcohol and

alcoholic beverages, Authority

delegations (Government agencies),

Chemicals, Claims, Cosmetics, Excise

taxes, Packaging and containers,

Reporting and recordkeeping

requirements, Security measures, Surety

bonds, Transportation.

27 CFR Part 21

Administrative practice and

procedure, Alcohol and alcoholic

beverages, Authority delegations

(Government agencies), Chemicals,

Packaging and containers,

Transportation.

27 CFR Part 22

Administrative practice and

procedure, Alcohol and alcoholic

beverages, Authority delegations

(Government agencies), Claims, Excise

taxes, Packaging and containers,

Reporting and recordkeeping

requirements, Security measures,

Science and technology, Surety bonds,

Transportation.

Authority and Issuance

Title 27, Code of Federal Regulations

is amended as follows:

PART 20—DISTRIBUTION AND USE OF

DENATURED ALCOHOL AND RUM

Paragraph 1. The authority citation

for part 20 continues to read as follows:

Authority: 20 U.S.C. 5001, 5206, 5214,

5271–5275, 5311, 5552, 5555, 5607, 6065,

7805.

Par. 2. Section 20.11 is amended by

removing the definitions of ‘‘Area

supervisor’’, ‘‘ATF Officer’’, ‘‘Region’’,

and ‘‘Regional director (compliance)’’,

by adding a new definition of

‘‘Appropriate ATF officer’’, and by

revising the definition of ‘‘Bulk

conveyance’’ to read as follows:

§ 20.11 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 1130.9, Delegation

Order—Delegation of the Director’s

Authorities in 27 CFR Parts 20, 21 and

22.

* * * * *

Bulk conveyance. Any tank car, tank

truck, tank ship, or tank barge, or a

compartment of any such conveyance,

or any other container approved by the

appropriate ATF officer for the

conveyance of comparable quantities of

denatured spirits or articles.

* * * * *

Par. 3. In Subpart C—Administrative

and Miscellaneous Provisions after the

undesignated center heading

‘‘Authorities’’, a new § 20.20 is added as

follows:

§ 20.20 Delegations of the Director.

All of the regulatory authorities of the

Director contained in this Part 20 are

delegated to appropriate ATF officers.

These ATF officers are specified in ATF

Order 1130.9, Delegation Order—

Delegation of the Director’s Authorities

in 27 CFR Parts 20, 21 and 22. ATF

delegation orders, such as ATF Order

1130.9, 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/).

§§ 20.21, 20.22, 20.23, 20.48, 20.91, 20.92,

20.100, 20.103, 20.111, 20.144, 20.177,

20.211, 20.245 and 20.246 [Amended]

Par. 4. Part 20 is further amended by

removing the word ‘‘Director’’ each

place it appears and adding, in its place,

the words ‘‘appropriate ATF officer’’ in

the following places:

(a) Section 20.21(a);

5474 Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations

(b) Section 20.22(a)(2), (3) and (4), and

(c);

(c) Section 20.23;

(d) Section 20.48(b) and (c);

(e) Section 20.91(a) and (c);

(f) Section 20.92(a) and (b);

(g) Section 20.100(a) introductory

text;

(h) Section 20.103;

(i) Section 20.111;

(j) Section 20.144;

(k) Section 20.178(c)(1);

(l) Section 20.211(b);

(m) Section 20.245; and

(n) Section 20.246.

Par. 5. Section 20.21 is further

amended by adding a sentence at the

end of paragraph (a) and revising

paragraph (b) to read as follows:

§ 20.21 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. 6. The first and second sentences

of § 20.22(a)(1) are revised to read as

follows:

§ 20.22 Alternate methods or procedures;

and emergency variations from

requirements.

(a) Alternate methods or procedures—

(1) Application. A permittee, after

receiving approval from the appropriate

ATF officer, may use an alternate

method or procedure (including

alternate construction or equipment) in

lieu of a method or procedure

prescribed by this part. A permittee

wishing to use an alternate method or

procedure may apply to the appropriate

ATF officer. * * *

* * * * *

§ 20.22; 20.24, 20.26, 20.28, 20.41, 20.42,

20.43, 20.44, 20.48, 20.50, 20.51, 20.56,

20.57, 20.60, 20.61, 20.62, 20.63, 20.64,

20.68, 20.72, 20.74, 20.79, 20.80, 20.82,

20.132, 20.133, 20.134, 20.161, 20.163,

20.164, 20.181, 20.202, 20.204, 20.205,

20.213, 20.234, 20.235, 20.252, 20.261,

20.262, 20.263 and 20.265 [Amended]

Par. 7. Part 20 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 20.22(b)(1), (2) and (3);

(b) Section 20.24;

(c) Section 20.26;

(d) Section 20.28(b);

(e) Section 20.41(c) introductory text;

(f) Section 20.42(a)(11) and (b);

(g) Section 20.43(a) introductory text;

(h) Section 20.44 introductory text;

(i) Section 20.48(b);

(j) Section 20.50;

(k) Section 20.51 introductory text;

(l) Section 20.56(a)(1), (b) and (c)(1)

and (3);

(m) Section 20.57(b)(1) and (2);

(n) Section 20.60;

(o) Section 20.61;

(p) Section 20.62(a);

(q) Section 20.63(a);

(r) Section 20.64;

(s) Section 20.68(a) introductory text;

(t) Section 20.72(b);

(u) Section 20.74;

(v) Section 20.79;

(w) Section 20.80;

(x) Section 20.82;

(y) Section 20.132(c);

(z) Section 20.133(a) introductory text

and (b);

(aa) Section 20.134(c);

(bb) Section 20.161(c)(3);

(cc) Section 20.163(c)(2);

(dd) Section 20.164(e);

(ee) Section 20.181(a);

(ff) Section 20.202(a);

(gg) Section 20.204(b);

(hh) Section 20.205(f);

(ii) Section 20.213(a) and (b);

(jj) Section 20.234(b)(3);

(kk) Section 20.235(c);

(ll) Section 20.252(a);

(mm) Section 20.261;

(nn) Section 20.262(d);

(oo) Section 20.263(d); and

(pp) Section 20.265(b).

Par. 8. Section 20.22(c) is amended by

removing the phrase ‘‘or the regional

director (compliance)’’ each place it

appears.

Par. 9. Section 20.25 is revised to read

as follows:

§ 20.25 Permits.

The appropriate ATF officer must

issue permits for the United States or a

Governmental agency as provided in

§ 20.241 and industrial alcohol user

permits, Form 5150.9, required under

this part.

§ 20.27, 20.28, 20.37, 20.117, 20.166, 20.170,

20.213, 20.261, 20.262, 20.263 and 20.265

[Amended].

Par. 10. Part 20 is further amended by

adding the word ‘‘appropriate’’ before

the words ‘‘ATF officer’’ or ‘‘ATF

officers’’ each place it appears in the

following places:

(a) Section 20.27;

(b) Section 20.28(a);

(c) Section 20.37;

(d) Section 20.117(d)(2)(iv);

(e) Section 20.166;

(f) Section 20.170;

(g) Section 20.213(b);

(h) Section 20.261;

(i) Section 20.262(c);

(j) Section 20.263(c); and

(k) Section 20.265(a) introductory

text.

Par. 11. The last sentence of

§ 20.45(c)(1) is revised to read as

follows:

§ 20.45 Organizational Documents.

* * * * *

(c) Statement of interest. (1) * * * If

a corporation is wholly owned or

controlled by another corporation,

persons owning 10% or more of each of

the classes of stock of the parent

corporation are considered to be the

persons interested in the business of the

subsidiary, and the names and

addresses of such persons must be

submitted to the appropriate ATF officer

if specifically requested.

* * * * *

§§ 20.53 and 20.205 [Amended]

Par. 12. Part 20 is further amended by

removing the phrase ‘‘with the regional

director (compliance)’’ each place it

appears in the following places:

(a) Section 20.53; and

(b) Section 20.205 introductory text.

Par. 13. The first sentence of

§ 20.62(a) is amended to remove the

phrase ‘‘within the same region’’.

Par. 14. Paragraph (c) of § 20.92 is

revised to read as follows:

§ 20.92 Samples.

* * * * *

(c) The appropriate ATF officer may,

at any time, require submission of

samples of:

(1) Any ingredient used in the

manufacture of an article, or;

(2) Any article.

* * * * *

Par. 15. Paragraph (a) of § 20.95 is

amended to remove the phrase ‘‘on

request by the Director’’.

Par. 16. Paragraph (b) of § 20.100 is

revised to read as follows:

§ 20.100 General.

* * * * *

(b) Approval by the appropriate ATF

officer of formulas, samples, or

statements of process means only that

they meet the standards of the Bureau

of Alcohol, Tobacco and Firearms. The

approval does not require the issuance

of a permit under subpart D of this part

to withdraw and use specially

denatured spirits in those formulas,

articles, or statements of process.

* * * * *

Par. 17. Paragraph (d)(2)(v) of § 20.117

is amended by removing the phrase

‘‘which may be conditions of approval

by the regional director (compliance)’’.

Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations 5475

Par. 18. Paragraph (b)(1)(ii) of

§ 20.134 is amended by removing the

phrase ‘‘regional director (compliance)

of the region where the manufacturing

site is located’’ and adding in

substitution, the words ‘‘appropriate

ATF officer’’.

Par. 19. Paragraph (b) of § 20.147 is

amended by removing the word

‘‘Director’s’’ and adding, in substitution,

the words ‘‘appropriate ATF officer’s.’’

Par. 20. Paragraph (e) of § 20.189 is

amended by removing the phrase ‘‘by

the Director’’ and adding, in

substitution, the phrase ‘‘in accordance

with subpart F of this part’’.

Par. 21. Section 20.190 is revised to

read as follows:

§ 20.190 Diversion of articles for internal

human use or beverage use.

An appropriate ATF officer who has

reason to believe that the spirits in any

article are being reclaimed or diverted to

beverage or internal human use may

direct the permittee to modify an

approved formula to prevent the

reclamation or diversion. The

appropriate ATF officer may require the

permittee to discontinue the use of the

formula until it has been modified and

again approved.

Par. 22. The second sentence of

§ 20.241 is amended to remove the

phrase ‘‘from the Director’’ and adding,

in substitution, the phrase ‘‘as provided

in § 20.25’’.

Par. 23. The first sentence of

§ 20.242(b) is amended by removing the

phrase ‘‘to the Director’’ and the

preceding comma.

§§ 20.244 and 20.252 [Amended]

Par. 24. Part 20 is further amended by

removing the phrase ‘‘regional director

(compliance) of the region’’ and adding

in substitution, the words ‘‘appropriate

ATF officer’’ each place it appears in the

following places:

(a) Section 20.244; and (b) Section

20.252(b).

Par. 25. The first sentence of § 20.251

is amended by removing the phrase ‘‘for

submission on request by the Director’’

and adding, in substitution, the phrase

‘‘as required by § 20.92’’.

Par. 26. The first sentence of

paragraph (a) of § 20.267 is amended by

removing the phrase ‘‘submitted to the

regional director (compliance)’’ and

adding, in substitution, the phrase ‘‘as

required by this part’’.

Par. 27. The second sentence of

paragraph (a) of § 20.267 is amended by

removing the words ‘‘regional director

(compliance)’’ and adding, in

substitution, the words ‘‘appropriate

ATF officer’’.

PART 21—FORMULAS FOR

DENATURED ALCOHOL AND RUM

Par. 28. The authority citation for part

21 continues to read as follows:

Authority: 5 U.S.C. 552(a); 26 U.S.C. 5242,

7805.

§§ 21.2, 21.3, 21.5, 21.31 and 21.91

[Amended]

Par. 29. Part 21 is further amended by

removing the word ‘‘Director’’ each

place it appears and adding, in its place,

the words ‘‘appropriate ATF officer’’ in

the following places:

(a) Section 21.2(a);

(b) Section 21.3(d);

(c) Section 21.5 introductory text;

(d) Section 21.31(b); and

(e) Section 21.91.

Par. 30. Section 21.2 is further

amended by adding a sentence at the

end of paragraph (a) and revising

paragraph (b) to read as follows:

§ 21.2 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/).

21.3, 21.21, 21.31, 21.33, 21.34, 21.56 and

21.65 [Amended]

Par. 31. Part 21 is further amended by

removing the words ‘‘Chief, Chemical

Branch’’ each place it appears and, in

substitution, adding the words

‘‘appropriate ATF officer’’ in the

following places:

(a) Section 21.3(b);

(b) Section 21.21(b) and (c);

(c) Section 21.31(c);

(d) Section 21.33(c);

(e) Section 21.34(c);

(f) Section 21.56(a);

(g) Section 21.65(a);

Par. 32. Paragraph (c) of § 21.3 is

revised to read as follows:

§ 21.3 Stocks of discontinued formulas.

* * * * *

(c) On approval of an application,

filed with the appropriate ATF officer

and approved by such officer, destroy

those stocks under whatever

supervision the appropriate ATF officer

requires; or

* * * * *

Par. 33. Paragraph (d) of § 21.3 is

further amended by removing the

phrases ‘‘to be filed with the regional

director (compliance) for transmittal to

the Director’’ and the parentheses at the

beginning and ending of these phrases.

Par. 34. In Subpart A—General

Provisions, a new § 21.7 is added as

follows:

§ 21.7 Delegations of the Director.

All of the regulatory authorities of the

Director contained Part 21 of the

regulations are delegated to appropriate

ATF officers. These ATF officers are

specified in ATF Order 1130.9,

Delegation Order—Delegation of the

Director’s Authorities in 27 CFR Parts

20, 21 and 22. ATF delegation orders,

such as ATF Order 1130.9, are available

to any interested person by mailing a

request to the ATF Distribution Center,

PO Box 5950, Springfield, Virginia

22150–5950, or by accessing the ATF

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

Par. 35. Section 21.11 is amended by

removing the definitions of ‘‘Chief,

Chemical Branch’’ and ‘‘Regional

director (compliance)’’ and adding a

new definition of ‘‘Appropriate ATF

officer’’ to read as follows:

§ 21.11 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 1130.9, Delegation

Order—Delegation of the Director’s

Authorities in 27 CFR Parts 20, 21 and

22.

* * * * *

Par. 36. Footnote 1 of § 21.141 is

amended by removing the phrase ‘‘by

the Chief, Chemical Branch’’.

PART 22—DISTRIBUTION AND USE OF

TAX-FREE ALCOHOL

Par. 37. The authority citation

continues to read as follows:

Authority: 26 U.S.C. 5001, 5121,5142,

5143, 5146, 5206, 5214, 5271–5276, 5311,

5552, 5555, 6056, 6061, 6065, 6109, 6151,

6806, 7011, 7805; 31 U.S.C. 9304, 9306.

Par. 38. Section 22.11 is amended by

removing the definitions of ‘‘Area

supervisor’’, ‘‘ATF officer’’, ‘‘Delegate’’,

‘‘Region’’ and ‘‘Regional director

(compliance)’’ and adding a new

definition of ‘‘Appropriate ATF officer’’

as to read as follows:

§ 22.11 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 1130.9, Delegation

Order—Delegation of the Director’s

5476 Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations

Authorities in 27 CFR Parts 20, 21 and

22.

* * * * *

Par. 39. In Subpart C—Administrative

Provisions after the undesignated center

heading ‘‘Authorities’’, a new § 22.20 is

added as follows:

§ 22.20 Delegations of the Director.

All of the regulatory authorities of the

Director contained in this Part 22 are

delegated to appropriate ATF officers.

These ATF officers are specified in ATF

Order 1130.9, Delegation Order—

Delegation of the Director’s Authorities

in 27 CFR Parts 20, 21 and 22. ATF

delegation orders, such as ATF Order

1130.9, are available to any interested

person by mailing a request to the ATF

Distribution Center, PO Box 5950,

Springfield, Virginia 22150–5950, or by

accessing the ATF web site ((http://

www.atf.treas.gov/).

§ 22.21, 22.22, 22.24, 22.171, 22.175 and

22.176 [Amended]

Par. 40. Part 22 is further amended by

removing the word ‘‘Director’’ each

place it appears and adding, in its place,

the words ‘‘appropriate ATF officer’’ in

the following places:

(a) Section 22.21(a);

(b) Section 22.22(a)(2),(3) and (4);

(c) Section 22.24(a);

(d) Section 22.171(a);

(e) Section 22.175; and

(f) Section 22.176(c).

Par. 41. Section 22.21 is further

amended by adding a sentence at the

end of paragraph (a) and revising

paragraph (b) to read as follows:

§ 22.21 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. 42. The first two sentences of

§ 22.22(a)(1) and paragraph (c) of § 22.22

are revised to read as follows:

§ 22.22 Alternate methods or procedures;

and emergency variations from

requirements.

(a) Alternate methods or procedures—

(1) Application. A permittee, after

receiving approval from the appropriate

ATF officer, may use an alternate

method or procedure (including

alternate construction or equipment) in

lieu of a method or procedure

prescribed by this part. A permittee

wishing to use an alternate method or

procedure may apply to the appropriate

ATF officer. * * *

* * * * *

(c) Withdrawal of approval. The

appropriate ATF officer may withdraw

approval for an alternate method or

procedure or an emergency variation

from requirements, approved under

paragraph (a) or (b) of this section, if the

appropriate ATF officer finds that the

revenue is jeopardized or the effective

administration of this part is hindered

by the approval.

* * * * *

§§ 22.22, 22.23, 22.24, 22.25, 22.27, 22.41,

22.42, 22.42, 22.43, 22.44, 22.45, 22.50,

22.51, 22.57, 22.58, 22.61, 22.62, 22.63,

22.64, 22.68, 22.72, 22.74, 22.79, 22.80,

22.82, 22.102, 22.103, 22.111, 22.113, 22.122,

22.124, 22.125, 22.154, 22.162 and 22.164

[Amended]

Par. 43. Part 22 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 22.22(b)(1), (2) and (3);

(b) Section 22.23;

(c) Section 22.24(b);

(d) Section 22.25;

(e) Section 22.27(b);

(f) Section 22.41(b);

(g) Section 22.42(a)(11);

(h) Section 22.42(b);

(i) Section 22.43(a) introductory text;

(j) Section 22.44 introductory text;

(k) Section 22.45(c)(1);

(l) Section 22.50;

(m) Section 22.51 introductory text;

(n) Section 22.57(a)(1), (b) and (c)(1)

and (3);

(o) Section 22.58(b)(1) and (2);

(p) Section 22.61;

(q) Section 22.62;

(r) Section 22.63(a);

(s) Section 22.64;

(t) Section 22.68(a);

(u) Section 22.72(b);

(v) Section 22.74;

(w) Section 22.79;

(x) Section 22.80;

(y) Section 22.82;

(z) Section 22.102(c) introductory

text;

(aa) Section 22.103;

(bb) Section 22.111(c)(3);

(cc) Section 22.113(a)(1);

(dd) Section 22.122(a);

(ee) Section 22.124(b);

(ff) Section 22.125(c);

(gg) Section 22.154(b)(3);

(hh) Section 22.162; and

(ii) Section 22.164(a).

§§ 22.26, 22.27, 22.36, 22.39, 22.113, 22.142

and 22.161 [Amended]

Par. 44. Part 22 is further amended by

adding the word ‘‘appropriate’’ before

the words ‘‘ATF officer’’ or ‘‘ATF

officers’’ each place it appears in the

following places:

(a) Section 22.26;

(b) Section 22.27(a);

(c) Section 22.36;

(d) Section 22.39(c);

(e) Section 22.113(c);

(f) Section 22.142(a) and (c); and

(g) Section 22.161(a) and (d).

Par. 45. The last sentence of

§ 22.45(c)(1) is revised to read as

follows:

§ 22.45 Organizational Documents.

* * * * *

(c) Statement of interest. (1) * * * If

a corporation is wholly owned or

controlled by another corporation,

persons owning 10% or more of each of

the classes of stock of the parent

corporation are considered to be the

persons interested in the business of the

subsidiary, and the names and

addresses of such persons must be

submitted to the appropriate ATF officer

if specifically requested.

* * * * *

§§ 22.53 and 22.125 [Amended]

Par. 46. Part 22 is further amended by

removing the phrase ‘‘with the regional

director (compliance)’’ each place it

appears in the following places:

(a) Section 22.53; and

(b) Section 22.125(a) introductory

text.

§ 22.142 [Amended]

Par. 47. Part 22 is further amended by

removing the words ‘‘area supervisor’’

each place it appears and adding, in

substitution, the words ‘‘appropriate

ATF officer’’ in the following places:

(a) Section 22.142(a), (c) and (d).

Par. 48. The first sentence of

§ 22.63(a) is amended by removing the

phrase ‘‘within the same region’.

Par. 49. The first sentence of

§ 22.172(b) is amended by removing the

phrase ‘‘to the Director’.

Par. 50. The second sentence of

§ 22.174 is amended by removing the

words ‘‘regional director (compliance)

of the region from which the shipment

was consigned’’ and adding, in

substitution, the words ‘‘appropriate

ATF officer.’’

Signed: July 13, 2000.

Bradley A, Buckles,

Director.

Approved: August 1, 2000.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 01–1163 Filed 1–18–01; 8:45 am]

BILLING CODE 4810–31–P