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 Department of the Treasury Bureau of Alcohol, Tobacco and Firearms 27 CFR Parts 46, 70, 270, 275, 290, and 296
[T.D. ATF-457]
RIN 1512-AC41
 AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of the Treasury.
 ACTION: Final rule (Treasury decision).
 SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is recodifying the regulations in part 296—Miscellaneous Regulations Relating to Tobacco Products and Cigarette Papers and Tubes, title 27 of the Code of Federal Regulations (CFR). The purpose of this recodification is to reissue the regulations in 27 CFR part 296 as 27 CFR part 46. This change improves the organization of title 27.
 DATES: This rule is effective on June 14, 2001.
 FOR FURTHER INFORMATION CONTACT: Lisa M. Gesser, Regulations Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue NW., Washington, DC 20226, (202-927-9347) or e-mail at LMGesser@atfhq.atf.treas.gov.


SUPPLEMENTARY INFORMATION: Background As a part of continuing efforts to reorganize the part numbering system of title 27 CFR, ATF is removing part 296 of title 27 CFR, in its entirety, and is recodifying the regulations as 27 CFR part 46. This change improves the organization of title 27 CFR. Derivation Table for Part 46
The requirements of—
Are derived from—Subpart ASec.
Sec.46.1
296.146.2
296.246.3
296.346.4
296.446.5
296.546.6
296.646.7
296.746.8
296.846.9
296.946.10
296.1046.11
296.1146.12
296.1246.13
296.1346.14
296.1446.15
296.1546.16
296.16Subpart B [Reserved]Subpart C46.71
296.7146.71
296.7146.72
296.7246.73
296.7346.74
296.7446.75
296.7546.76
296.7646.77
296.7746.78
296.7846.79
296.7946.80
296.8046.81
296.81Subparts D-E [Reserved]Subpart F46.141
296.14146.142
296.14246.143
296.14346.146
296.14646.147
296.14746.150
296.15046.153
296.15346.154
296.15446.155
296.155( print page 32219)Subpart G46.161
296.16146.162
296.16246.163
296.16346.164
296.16446.165
296.16546.166
296.16646.167
296.16746.168
296.168Subpart H [Reserved]Subpart I46.191
296.19146.192
296.19246.193
296.19346.194
296.19446.195
296.19546.196
296.19646.201
296.20146.202
296.20246.203
296.20346.204
296.20446.205
296.20546.206
296.20646.207
296.20746.208
296.20846.209
296.20946.210
296.21046.211
296.21146.212
296.21246.213
296.21346.221
296.22146.222
296.22246.223
296.22346.231
296.23146.232
296.23246.233
296.23346.234
296.23446.235
296.23546.236
296.23646.237
296.23746.241
296.24146.242
296.24246.243
296.24346.244
296.24446.245
296.24546.251
296.25146.252
296.25246.253
296.25346.254
296.25446.255
296.25546.261
296.26146.262
296.26246.263
296.26346.264
296.26446.270
296.27046.271
296.27146.272
296.27246.273
296.27346.274
296.274
 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 under the Administrative Procedure Act (5 U.S.C. 553), the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
                    *et seq.*) do not apply. We sent a copy of this final rule 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 is hereby certified that this final rule is not a significant regulatory action as defined in Executive Order 12866. Accordingly, this final rule is not subject to the analysis required by this Executive Order. 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, because of the nature of this final rule, good cause is found that 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 M. Gesser, Regulations Division, Bureau of Alcohol, Tobacco and Firearms. List of Subjects 27 CFR Part 46 Cigars and cigarettes
Claims
Excise taxes
Penalties
Reporting and recordkeeping requirements
Seizures and forfeitures
Surety bonds
Tobacco 27 CFR Part 70 Administrative practice and procedure
Claims
Excise taxes
Freedom of information
Law enforcement
Penalties
Reporting and recordkeeping requirements
Surety bonds 27 CFR Part 270 Cigars and cigarettes
Claims
Electronic funds transfers
Excise taxes
Imports
Labeling
Packaging and containers
Reporting and recordkeeping requirements
Surety bonds
Tobacco 27 CFR Part 275 Cigars and cigarettes
Claims
Customs duties and inspection
Electronic funds transfers
Excise taxes
Imports
Labeling
Packaging and containers
Puerto Rico
Reporting and recordkeeping requirements
Surety bonds
Tobacco
Virgin Islands
Warehouses 27 CFR Part 290 Aircraft
Armed forces
Cigars and cigarettes
Claims
Customs duties and inspection
Excise taxes
Exports
Foreign trade zones
Labeling
Packaging and containers
Reporting and recordkeeping requirements
Surety bonds
Tobacco
Vessels
Warehouses 27 CFR Part 296 Cigars and cigarettes
Claims
Excise taxes
Penalties
Reporting and recordkeeping requirements
Seizures and forfeitures
Surety bonds
Tobacco
 Authority and Issuance ATF is amending title 27 of the Code of Federal Regulations as follows: PART 70—PROCEDURE AND ADMINISTRATION
 **Paragraph 1.**
                         The authority citation for 27 CFR part 70 continues to read as follows: Authority:
                        5 U.S.C. 301 and 552; 26 U.S.C. 4181, 4182, 5146, 5203, 5207, 5275, 5367, 5415, 5504, 5555, 5684(a), 5741, 5761(b), 5802, 6020, 6021, 6064, 6102, 6155, 6159, 6201, 6203, 6204, 6301, 6303, 6311, 6313, 6314, 6321, 6323, 6325, 6326, 6331-6343, 6401-6404, 6407, 6416, 6423, 6501-6503, 6511, 6513, 6514, 6532, 6601, 6602, 6611, 6621, 6622, 6651, 6653, 6656-6658, 6665, 6671, 6672, 6701, 6723, 6801, 6862, 6863, 6901, 7011, 7101, 7102, 7121, 7122, 7207, 7209, 7214, 7304, 7401, 7403, 7406, 7423, 7424, 7425, 7426, 7429, 7430, 7432, 7502, 7503, 7505, 7506, 7513, 7601-7606, 7608-7610, 7622, 7623, 7653, 7805. §§ 70.131 and 70.431
 **Par. 2.**
                         Remove the reference to “part 296” and add, in its place, a reference to “part 46” in the following places: a. Section 70.131(b); and b. Section 70.431(b)(7). PART 270—MANUFACTURE OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES
 **Par. 3.**
                         The authority citation for 27 CFR part 270 continues to read as follows: Authority:
                        26 U.S.C. 5142, 5143, 5146, 5701, 5703-5705, 5711-5713, 5721-5723, 5731, 5741, 5751, 5753, 5761-5763, 6061, 6065, 6109, 6151, 6301, 6302, 6311, 6313, 6402, 6404, 6423, 6676, 6806, 7011, 7212, 7325, 7342, 7502, 7503, 7606, 7805; 31 U.S.C. 9301, 9303, 9304, 9306. §§ 270.11 and 270.49
 **Par. 4.**
                         Remove the reference to “ATF Order 1130.15, Delegation Order—Delegation of Certain of the Director's Authorities in 27 CFR parts 270, 275, and 296” and add, in its place, a reference to “ATF Order 1130.15, Delegation Order—Delegation of Certain of the Director's Authorities in 27 CFR parts 46, 270, and 275” in the following places: a.The definition of “Appropriate ATF Officer in § 270.11; and b.Section 270.49. § 270.286
 **Par. 5.**
                         Amend § 270.286 by removing the reference to “part 296” and adding, in its place, a reference to “part 46.” PART 275—IMPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES
 **Par. 6.**
                         The authority citation for 27 CFR part 275 continues to read as follows: Authority:
                        26 U.S.C. 5701, 5703, 5704, 5705, 5706, 5708, 5712, 5713, 5721, 5722, 5723, 5741, 5761, 5762, 5763, 6301, 6302, 6313, 6404, 7101, 7212, 7342, 7606, 7652, 7805; 31 U.S.C. 9301, 9303, 9304, 9306; 18 U.S.C. 2342. § 275.162 and 275.205
 **Par. 7-Par. 8.**
                         Remove the reference to “part 296” and add, in its place, a reference to “part 46” in the following places: a.Section 275.162; and b.Section 275.205(b). PART 290—EXPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES, WITHOUT PAYMENT OF TAX, OR WITH DRAWBACK OF TAX
 **Par. 9.**
                         The authority citation for 27 CFR part 290 continues to read as follows: Authority:
                        26 U.S.C. 5142, 5143, 5146, 5701, 5703-5705, 5711-5713, 5721-5723, 5731, 5741, 5751, 5754, 6061, 6065, 6151, 6402, 6404, 6806, 7011, 7212, 7342, 7606, 7805; 31 U.S.C. 9301, 9303, 9304, 9306. §§ 290.154
 **Par. 10.**
                         Amend § 290.154 by removing the reference to “part 296” and adding, in its place, a reference to “part 46.” PART 296—MISCELLANEOUS REGULATIONS RELATING TO TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES
 **Par. 11.**
                         The authority citation for 27 CFR part 296 continues to read as follows: Authority:
                        18 U.S.C. 2341-2346, 26 U.S.C. 5708, 5751, 5761-5763, 6001, 6601, 6621, 6622, 7212, 7342, 7602, 7606, 7805, 44 U.S.C. 3504(h), 49 U.S.C. 782, unless otherwise noted. PART 296—[REDESIGNATED]
 **Par. 12.**
                         Redesignate 27 CFR part 296 as 27 CFR part 46. PART 46—MISCELLANEOUS REGULATIONS RELATING TO TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES
 **Par. 13.**
                         The authority citation for redesignated 27 CFR part 46 continues to read as follows: Authority:
                        18 U.S.C. 2341-2346, 26 U.S.C. 5708, 5751, 5761-5763, 6001, 6601, 6621, 6622, 7212, 7342, 7602, 7606, 7805, 44 U.S.C. 3504(h), 49 U.S.C. 782, unless otherwise noted. § 46.4
 **Par. 14.**
                         Amend paragraph (c) of § 46.4 by removing the reference to “§ 296.10” and adding, in its place, a reference to “§ 46.10.” § 46.6
 **Par. 15.**
                         Amend § 46.6 as follows: a.In paragraph (a), remove the reference to “§ 296.7” and add, in its place, a reference to “§ 46.7”; and b.In paragraph (c) remove the reference to “§ 296.10” and add, in its place, a reference to “§ 46.10.” § 46.7
 **Par. 16.**
                         Amend § 46.7 by removing the reference to “§ 296.8” and adding, in its place, a reference to “46.8.” § 46.8
 **Par. 17.**
                         Amend § 46.8 as follows: a.In the introductory text, remove the reference to “296.7” and add, in its place, a reference to “46.7”; and b.In paragraph (f), remove the reference to “296.5” and add, in its place, a reference to “46.5.” § 46.15
 **Par. 18.**
                         Amend § 46.15 by removing the reference to “296.12” and adding, in its place, a reference to “46.12.” §§ 46.72 and 46.81
 **Par. 19.**
                         Remove the reference to “ATF Order 1130.15, Delegation Order—Delegation of Certain of the Director's Authorities in 27 CFR parts 270, 275, and 296” and add, in its place, a reference to “ATF Order 1130.24, Delegation Order—Delegation of the Director's Authorities in subpart C and I of 27 CFR part 46,” in the following places: a.The definition of “Appropriate ATF officer” in § 46.72; and b.Section 46.81. § 46.146
 **Par. 20.**
                         Amend § 46.146 by removing the reference to “296.147” and adding, in its place, a reference to “46.147.” § 46.147
 **Par. 21.**
                         Amend § 46.147 by removing the reference to “296.143” and adding, in its place, a reference to “46.143” in the following places: a.The introductory text of Paragraph (a); and b.The introductory text of Paragraph (b). § 46.150
 **Par. 22.**
                         Amend paragraph (a) of § 46.150 by removing the reference to “§§ 296.146 and 296.147” and add, in its place, a reference to “§§ 46.146 and 46.147.” § 46.153
 **Par. 23.**
                         Amend the introductory text of § 46.153 by removing the reference to “§§ 296.146 through 296.147” and add, in its place, a reference to “§§ 46.146 through 46.147.” § 46.192
 **Par. 24.**
                         Amend § 46.192(a) by removing the reference to “ATF Order 1130.14, Delegation Order—Delegation of the Director's Authorities in Subpart I of 27 CFR Part 296” and adding,  in its place, a reference to “ATF Order 1130.24, Delegation Order—Delegation of the Director's Authorities in subpart C and subpart I of 27 CFR part 46”. § 46.270
 **Par. 24a.**
                         Revise § 46.270 to read as follows: § 46.270
  The regulatory authorities of the Director contained in this subpart are delegated to appropriate ATF officers. These ATF officers are specified in ATF O 1130.24, Delegation Order—Delegation of the Director's Authorities in subpart C and subpart I of 27 CFR part 46. ATF delegation orders, such as ATF O 1130.24, are available to any interested party by mailing a request to the ATF Distribution Center, PO Box 5950, Springfield, VA 22150-5190, or by accessing the ATF web site (http://www.atf.treas.gov/​).
 § 46.194
 **Par. 25.**
                         Amend § 46.194 as follows: a.Remove the reference to “§§ 296.207 and 296.208” and add, in its place, “§§ 46.207 and 46.208”; and ( print page 32221) b.Remove the reference to “§ 296.209” and add, in its place, a reference to “§ 46.209.” § 46.196
 **Par. 26.**
                         Amend § 46.196 as follows: a.In paragraph (a), remove the reference to “§§ 296.205 and 296.206” and add, in its place, a reference to “§§ 46.205 and 46.206”; b.In paragraph (b), remove the reference to “§ 296.222” and add, in its place, a reference to “46.222”; c.In paragraph (b), remove the reference to “§ 296.223” and add, in its place, a reference to “46.223”; and d.In paragraph (d), remove the reference to “§ 296.241” and add, in its place, a reference to “46.241.” § 46.205
 **Par. 27.**
                         Amend § 46.205 as follows: a. In paragraph (a), remove the reference to “§ 296.222” and add, in its place, a reference to “§ 46.222”; b.In paragraph (a), remove the reference to “§ 296.203” and add, in its place, a reference to “46.203”; and c.In paragraph (e), remove the reference to “§ 296.204” and add, in its place, a reference to “46.204.” § 46.206
 **Par. 28.**
                         Amend § 46.206 as follows: a.In paragraph (b), remove the reference to “§ 296.205(a)” and add, in its place, a reference to “§ 46.205(a)”; and b.In paragraph (f), remove the reference to “§ 296.205(e)” and add, in its place, a reference to “46.205(e).” § 46.213
 **Par. 29.**
                         Amend § 46.213 by removing the reference to “§§ 296.205 and 296.206” and add, in its place, a reference to “§§ 46.205 and 46.206.” § 46.221
 **Par. 30.**
                         Amend § 46.221 by removing the reference to “296.222” and adding, in its place, a reference to “46.222.” § 46.237
 **Par. 31.**
                         Amend § 46.237 by removing the reference to “§ 296.223” and adding, in its place, a reference to “§ 46.223.” § 46.241
 **Par. 32.**
                         Amend paragraph (f) of § 46.241 by removing the reference to “296.263” and adding, in its place, a reference to “46.263.” § 46.242
 **Par. 33.**
                         Amend § 46.242 by removing the reference to “296.234” and adding, in its place, a reference to “46.234.” February 23, 2001. Bradley A. Buckles, *Director*. *Approved:*
                         April 19, 2001. Timothy E. Skud, *Acting Deputy Assistant Secretary, (Regulatory, Tariff and Trade Enforcement).*


[FR Doc. 01-14745 Filed 6-13-01; 8:45 am] BILLING CODE 4810-31-P