29954 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations

lines of San Luis Obispo, Kings and

Kern Counties converge, the county line

also being the township line between

T.24S. and T.25S., in R.16E.:

(1) Then in a westerly direction along

this county line for 42 miles to the range

line between R.9E. and R.10E.;

(2) Then in a southerly direction for

12 miles along the range line to the

southwest of corner of T.26S. and

R.10E.;

(3) Then in a southeasterly direction,

approximately 5.5 miles to a point of

intersection of the Dover Canyon Jeep

Trail and Dover Canyon Road;

(4) Then in an easterly direction along

Dover Canyon Road, approximately 1.5

miles, to the western border line of

Rancho Paso de Robles;

(5) Then, following the border of the

Paso Robles land grant, beginning in an

easterly direction, to a point where it

intersects the range line between R.11E.

and R.12E.;

(6) Then southeasterly for

approximately 16.5 miles to the point of

intersection of the township line

between T.29S. and T.30S. and the

range line between R.12E. and R.13E.;

(7) Then in an easterly direction for

approximately 6 miles to the range line

between R.13E. and R.14E.;

(8) Then in a northerly direction for

approximately 6 miles to the township

line between T.28S. and T.29S.;

(9) Then in an easterly direction for

approximately 18 miles to the range line

between R.16E. and R.17E.;

(10) Then in a northerly direction for

approximately 24 miles to the point of

beginning.

Signed: May 17, 1996.

Bradley A. Buckles,

Acting Director.

Approved: May 24, 1996.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 96–14854 Filed 6–12–96; 8:45 am]

BILLING CODE 4810–31–U

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 70 and 71

[T.D. ATF–378; CRT 93–137]

RIN 1512–AB53

Statement of Procedural Rules

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Treasury Decision, final rule.

SUMMARY: This Treasury decision

removes regulations in 27 CFR Part 71,

Statement of Procedural Rules, which

are duplicated in 31 CFR Part 1,

Disclosure of Records. It also transfers

certain regulations from 27 CFR Part 71

to 27 CFR Part 70, resulting in the

elimination of Part 71.

EFFECTIVE DATE: This final rule is

effective August 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Nancy Bryce, Tax Compliance Branch,

(202–927–8220) or Eric O’Neal,

Disclosure Branch, (202–927–8480),

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue,

NW, Washington, DC 20226.

SUPPLEMENTARY INFORMATION:

Background

On February 21, 1995, President

Clinton announced a regulatory reform

initiative. As part of this initiative, each

Federal agency was instructed to

conduct a page by page review of all

agency regulations to identify those

which are obsolete or burdensome and

those whose goals could be better

achieved through the private sector,

self-regulation or state and local

governments. In cases where the

agency’s review disclosed regulations

which should be revised or eliminated,

the agency would, as soon as possible,

propose administrative changes to its

regulations.

The page by page review of all

regulations was completed as directed

by the President. In addition, on April

13, 1995, the Bureau published Notice

No. 809 (60 FR 18783) in the Federal

Register requesting comments from the

public regarding which ATF regulations

could be improved or eliminated. As a

result of the Bureau’s analysis of its

regulations and the public comments

received, a number of regulatory

initiatives were developed which are

intended to accomplish the President’s

goals.

Pursuant to the President’s directive,

ATF reviewed 27 CFR part 71,

Statement of Procedural Rules. ATF

determined that there were regulations

in part 71 which were largely

duplicative of regulations found in 31

CFR part 1, Disclosure of Records. ATF

also decided that certain regulations in

part 71 should be transferred to 27 CFR

part 70, Procedure and Administration,

since they were related to the subject

matter of part 70.

Part 71 deals primarily with the

procedures for the disclosure of records

and the publication of rules, regulations,

forms, and instructions. ATF has

determined that the information

contained in sections 71.21, 71.22,

71.23, 71.24, and 71.25 is largely

duplicative of information already

contained in 31 CFR part 1. Part 1

contains the regulations of the

Department of Treasury concerning

disclosure of records, and provides

Appendices specifically relating to the

component Bureaus of the Treasury

Department, including ATF.

ATF has decided that it is

unnecessary to provide identical

information regarding the disclosure of

records in two separate titles of the

Code of Federal Regulations. Thus, we

are removing sections 71.21—71.25 and

Appendix A. So that users of Title 27

will know where to look for the ATF

regulations on disclosure of records, we

have added a new section which crossreferences the disclosure regulations of

the Department of Treasury. The new

section also informs the public that

inquiries regarding the disclosure of

ATF records may be directed to the

Chief, Disclosure Branch. The appendix

in 31 CFR part 1 relating to ATF will be

updated to reflect the locations where

the public may inspect and copy ATF

documents.

Certain sections within part 71

contain information which is not found

in 31 CFR part 1. Section 71.26 provides

rules for disclosure of certain specified

matters relating to ATF. Section 71.27

explains the procedures for requesting

or demanding disclosure of records or

information in testimony or related

matters. Section 71.41 explains the

procedures for issuing rules and

regulations. Section 71.42 deals with the

issuance of forms and instructions. All

of these sections will be moved to 27

CFR part 70, since they relate to

procedure and administration. In

addition, the pertinent sections in part

70 relating to the scope of the part, and

the definitions of terms used in the part,

are amended to reflect the new sections

incorporated from part 71.

As a result of these changes, part 71

will be removed from the Code of

Federal Regulations. Certain other

minor technical changes have been

made to the regulations which have

been redesignated in this final rule.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1980, Public Law 96–

511, 44 U.S.C. Chapter 35, and its

implementing regulations, 5 CFR Part

1320, do not apply to this final rule

because no requirement to collect

information is imposed.

Regulatory Flexibility Act

The provisions of the Regulatory

Flexibility Act relating to a final

regulatory flexibility analysis (5 U.S.C.

604) are not applicable to this final rule

because the agency was not required to
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29955

publish a notice of proposed rulemaking

under 5 U.S.C. 553 or any other law.

Executive Order 12866

It has been determined that this rule

is not a significant regulatory action,

because (1) it will not 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, and removes information

found elsewhere in the regulations, it is

unnecessary to issue this Treasury

decision with notice and public

procedure under 5 U.S.C. 553(b).

Drafting Information

The principal author of this document

is Nancy Bryce, Tax Compliance

Branch, Bureau of Alcohol, Tobacco and

Firearms.

List of Subjects in 27 CFR Part 70

Administrative practice and

procedure, Authority delegations,

Claims, Customs duties and inspection,

Disaster assistance, Excise taxes,

Freedom of information, Government

employees, Law enforcement, Law

enforcement officers, Privacy.

Authority and Issuance

Chapter I of title 27, Code of Federal

Regulations is amended as follows:

Part 70—PROCEDURE AND

ADMINISTRATION

Paragraph 1. The authority citation

for Part 70 continues to read as follows:

Authority: 5 U.S.C. 301 and 552; 26 U.S.C.

4181, 4182, 5064, 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, 6657,

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.

§§ 71.26, 71.27, 71.41 and 71.42

[Redesignated]

Par. 2–3. Sections 71.26, 71.27, 71.41

and 71.42 are redesignated as follows:

Old section New section

71.26 ............................................. 70.802

71.27 ............................................. 70.803

71.41 ............................................. 70.701

71.42 ............................................. 70.702

Par. 4. Section 70.1 is amended by

adding paragraphs (e) and (f) to read as

follows:

§ 70.1 General.

* * * * *

(e) The regulations in Subpart H of

this part relate to rules, regulations and

forms. The most important rules are

issued as Treasury decisions. This

subpart also applies to the development

and availability of tax return forms and

instructions and other forms and

instructions.

(f) The regulations in Subpart I of this

part relate to the disclosure of matters

such as accepted offers in compromise,

applications for permits, certificates of

label approval, true identities of

companies authorized to use trade

names, information relating to the tax

classification of a roll of tobacco

wrapped in reconstituted tobacco, and

comments received in response to a

notice of proposed rulemaking. This

subpart also applies to requests or

demands for disclosure in testimony

and in related matters.

Par. 5. Section 70.11 is amended by

adding two definitions in alphabetical

order to read as follows:

§ 70.11 Meaning of Terms

* * * * *

Delegate. Any officer, employee, or

agency of the Department of the

Treasury authorized by the Secretary of

the Treasury directly, or indirectly by

one or more redelegations of authority,

to perform the function mentioned or

described in the delegation order.

* * * * *

Secretary. The Secretary of the

Treasury or designated delegate.

* * * * *

Par. 6. 27 CFR Part 70 is amended by

adding a heading for Subpart H,

immediately preceding the redesignated

§ 70.701, to read as follows:

Subpart H—Rules, Regulations and

Forms

Par. 7. The newly redesignated

§ 70.701 is amended by revising the first

sentence of paragraph (a)(1), the first

sentence in paragraph (d)(1) and the

ninth sentence in paragraph (d)(1),

removing the last sentence in paragraph

(d)(1), and removing the last sentence in

paragraph (d)(2)(i)(B) to read as follows.

§ 70.701 Rules and regulations.

(a) Formulation. (1) Alcohol, tobacco,

firearms, and explosives rules take

various forms. * * *

* * * * *

(d) Publication of rules and

regulations. (1) General. All Bureau of

Alcohol, Tobacco and Firearms

regulations and amendments thereto are

published as Treasury Decisions which

appear in the Federal Register, the Code

of Federal Regulations, and the

quarterly Alcohol, Tobacco and

Firearms (ATF) Bulletin. * * * The

Bulletin is published quarterly and may

be obtained, on a subscription basis,

from the Superintendent of Documents,

U.S. Government Printing Office,

Washington, DC 20402.

* * * * *

Par. 8. The newly redesignated

§ 70.702 is amended by revising the first

sentence of paragraph (a) to read as

follows.

§ 70.702 Forms and instructions.

(a) Tax return forms and instructions.

Tax forms and instructions are

developed by the Bureau to explain the

requirements of Chapters 32, 51, 52, and

53 of Title 26 of the United States Code

or regulations issued thereunder, and

are issued for the assistance of taxpayers

in exercising their rights and

discharging their duties under such

laws and regulations. * * *

* * * * *

Par. 9 . A new section 70.801 is added

to read as follows:

§ 70.801 Publicity of information.

For information relating to the

disclosure of records that is not

contained in this Subpart I, see 31 CFR

Part 1 and the Appendix of that Part

relating to the Bureau of Alcohol,

Tobacco and Firearms. Direct further

questions to the Chief, Disclosure

Branch, Washington, DC 20226, (202)

927–8480.

Par. 10. 27 CFR Part 70 is amended by

adding a heading for Subpart I,

immediately preceding the new

§ 70.801, to read as follows:

Subpart I—Disclosure
29956 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations

Par. 11. The newly redesignated

§ 70.802 is amended by revising the first

sentence in paragraph (a), the first and

third sentences in paragraph (d), the

first sentence in paragraph (f) and the

second and last sentences in paragraph

(g) to read as follows:

§ 70.802 Rules for disclosure of certain

specified matters.

(a) Accepted offers in compromise.

For each offer in compromise submitted

and accepted pursuant to 26 U.S.C. 7122

in any case arising under Chapter 32

(relating to firearms and ammunition

excise taxes) and Subtitle E (relating to

alcohol, tobacco, and certain other

excise taxes) of Title 26 of the United

States Code, under section 107 of the

Federal Alcohol Administration Act (27

U.S.C. 207) in any case arising under

that Act, or in connection with property

seized under Title I of the Gun Control

Act of 1968 (18 U.S.C., Chapter 44) or

title XI of the Organized Crime Control

Act of 1970 (18 U.S.C., Chapter 40), a

copy of the abstract and statement

relating to the offer shall be kept

available for public inspection, for a

period of 1 year from the date of

acceptance, in the office of the regional

director (compliance) who received the

offer and in the office of the Assistant

Director (Liaison and Public

Information), Bureau of Alcohol,

Tobacco and Firearms, Washington, DC

20226. * * *

(d) Information relating to certificates

of label approval for distilled spirits,

wine, and malt beverages. Upon written

request, the Chief, Alcohol and Tobacco

Programs Division, Bureau of Alcohol,

Tobacco and Firearms, Washington, DC

20226, shall furnish information as to

the issuance, pursuant to section 105(e)

of the Federal Alcohol Administration

Act (27 U.S.C. 205(e)) and Part 4, 5, or

7 of this chapter, of certificates of label

approval, or of exemption from label

approval, for distilled spirits, wine, or

malt beverages. * * * The person

making the request may obtain

reproductions or certified copies of such

certificates upon payment of the

established fees prescribed by 31 CFR

1.7. * * *

* * * * *

(f) Information relating to the tax

classification of a roll of tobacco

wrapped in reconstituted tobacco. Upon

written request, the Deputy Associate

Director (Regulatory Enforcement

Programs), Bureau of Alcohol, Tobacco

and Firearms, Washington, DC 20226,

shall furnish information as to a Bureau

determination of the tax classification of

a roll of tobacco wrapped in

reconstituted tobacco. * * *

(g) Comments received in response to

a notice of proposed rulemaking. * * *

Comments may be inspected in the

Disclosure Branch, Bureau of Alcohol,

Tobacco and Firearms, Washington, DC

20226. * * * The provisions of 31 CFR

1.7, relating to fees, apply with respect

to requests made in accordance with

this paragraph.

PART 71—STATEMENT OF

PROCEDURAL RULES— [REMOVED]

Par. 12. 27 CFR Part 71 is removed.

Signed: May 20, 1996.

John W. Magaw,

Director.

Approved: May 24, 1996.

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 96–14855 Filed 6–12–96; 8:45 am]

BILLING CODE 4810–31–U

27 CFR Part 200

[T.D. 374]

RIN 1512–AB56

Technical Amendments

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF) Treasury.

ACTION: Final rule, Treasury decision.

SUMMARY: This Treasury decision

changes the titles Regional Regulatory

Administrator and Regional Director

(Compliance) to District Director. All

changes are to provide clarity and

uniformity throughout title 27 Code of

Federal Regulations.

EFFECTIVE DATE: June 13, 1996.

FOR FURTHER INFORMATION CONTACT: Julie

F. Cox, Tax Compliance Branch, 650

Massachusetts Avenue, NW.,

Washington, DC 20226, (202–927–8220).

SUPPLEMENTARY INFORMATION: The

Bureau of Alcohol, Tobacco and

Firearms (ATF) administers regulations

published in chapter I of title 27 Code

of Federal Regulations. Upon reviewing

title 27 for the annual revision, ATF

determined that the regulations in part

200 should be revised to reflect the ATF

field structure reorganization that

established District Directors in place of

the Regional Directors (Compliance)

(formerly Regional Regulatory

Administrators).

These amendments do not make any

substantive changes and are only

intended to improve the clarity of title

27.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1980, Public Law 96–

511, 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 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.) does not

apply.

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 Procedures 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).

Drafting Information

The principal author of this document

is Julie F. Cox, Tax Compliance Branch,

Bureau of Alcohol, Tobacco and

Firearms.

List of Subjects in 27 CFR 200

Administrative practice and

procedure, Authority delegations.

Authority and Issuance

Title 27, Code of Federal Regulations

is amended as follows:

PART 200—RULES OF PRACTICE IN

PERMIT PROCEEDINGS

Paragraph 1. The authority citation

for part 200 continues to read as

follows:

Authority: 26 U.S.C. 7805, 27 U.S.C. 204.

Part 200—[AMENDED]

Par. 3. Section 200.5 is amended by

removing the definition of ‘‘Regional