12854 Federal Register / Vol. 66, No. 41 / Thursday, March 1, 2001 / Rules and Regulations

regulations, 5 CFR part 1320, do not

apply to this final rule because there are

no new reporting or recordkeeping

requirements.

Regulatory Flexibility Act

It is hereby certified that this final

rule will not have a significant

economic impact on a substantial

number of small entities. The

regulations provide industry members

with the most current listings of

denaturants, denatured alcohol and rum

formulations and their specifications.

The regulations will not increase

recordkeeping or reporting

requirements. Accordingly, a regulatory

flexibility analysis is not required

because this final rule will not have a

significant economic impact on a

substantial number of small entities.

Pursuant to section 7805(f) of the

Internal Revenue Code, the NPRM

preceding this regulation was submitted

to the Chief Counsel for Advocacy of the

Small Business Administration, for

comment on its impact on small

business. The Chief Counsel for

Advocacy did not submit any

comments.

Executive Order 12866

It has been determined that this final

rule is not a significant regulatory action

as defined by Executive Order 12866.

Therefore, a regulatory assessment is not

required.

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 19

Administrative practice and

procedure, Alcohol and alcoholic

beverages, Authority delegations

(Government agencies), Chemicals,

Claims, Customs duties and inspection,

Electronic fund transfers, Excise taxes,

Exports, Gasohol, Imports, Labeling,

Liquors, Packaging and containers,

Puerto Rico, Reporting and

recordkeeping requirements, Research,

Security measures, Spices and

flavorings, Stills, Surety bonds,

Transportation, Vinegar, Virgin Islands,

Warehouses, Wine.

27 CFR Part 21

Alcohol and alcoholic beverages,

Authority delegation, Chemicals,

Gasohol.

Authority and Issuance

Accordingly, ATF is amending

chapter I of title 27 of the Code of

Federal Regulations as follows:

PART 19—DISTILLED SPIRITS

PLANTS

Paragraph 1. The authority citation

for Part 19 continues to read as follows:

Authority: 19 U.S.C. 81c, 1311; 26 U.S.C.

5001, 5002, 5004–5006, 5008, 5010, 5041,

5061, 5062, 5066, 5081, 5101, 5111–5113,

5142, 5143, 5146, 5171–5173, 5175, 5176,

5178–5181, 5201–5204, 5206, 5207, 5211–

5215, 5221–5223, 5231, 5232, 5235, 5236,

5241–5243, 5271, 5273, 5301, 5311–5313,

5362, 5370, 5373, 5501–5505, 5551–5555,

5559, 5561, 5562, 5601, 5612, 5682, 6001,

6065, 6109, 6302, 6311, 6676, 6806, 7011,

7510, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.

§ 19.460 [Amended]

Par. 2. Amend § 19.460(a) by

removing the word ‘‘(BITREX)’’.

§ 19.1005 [Amended]

Par. 3. Amend § 19.1005(c)(2) by

removing the word ‘‘(Bitrex)’’.

PART 21—FORMULAS FOR

DENATURED ALCOHOL AND RUM

Par. 4. The authority citation for Part

21 continues to read as follows:

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

7805.

§ 21.32 [Amended]

Par. 5. Amend § 21.32(a) by removing

the word ‘‘(BITREX)’’.

Par. 6. Revise § 21.33(a) to read as

follows:

§ 21.33 Formula No. 2–B

(a) Formula. To every 100 gallons of

alcohol add:

One-half gallon of benzene, 1⁄2 gallon of

rubber hydrocarbon solvent, 1⁄2 gallon of

toluene, or 1⁄2 gallon of heptane.

* * * * *

§ 21.65 [Amended]

Par. 7. Amend § 21.65(a) by adding

the words ‘‘Alpha terpineol’’ to the top

of the list of substances.

§ 21.76 [Amended]

Par. 8. Amend § 21.76(a) by removing

the word ‘‘(BITREX)’’.

§ 21.91 [Amended]

Par. 9. Amend the second sentence of

§ 21.91 by removing the word ‘‘of’’

where it appears for the second time

and adding the word ‘‘or’’ in its place.

§§ 21.95 through 21.132 [Redesignated as

§§ 21.96 through 21.133]

Par. 10. Redesignate § 21.95 through

§ 21.132 as § 21.96 through § 21.133.

Par. 11. Add a new § 21.95 to read as

follows:

§ 21.95 Alpha terpineol.

(a) Boiling point at 752mm 218.8–

219.4°C.

(b) Density at 15° 0.9386.

(c) Refractive index at 20° 1.4831.

§ 21.141 [Amended]

Par. 12. Amend § 21.141 by adding

‘‘40–B’’ to the end of the list in the

column entitled ‘‘Formulas authorized’’

for the entry ‘‘External pharmaceuticals,

miscellaneous, U.S.P. or N.F.’’, ‘‘Code

No. 249.’’

§ 21.151 [Amended]

Par. 13. Amend § 21.151 as follows:

a. Add the words ‘‘Alpha Terpineol

* * * S.D.A. 38–B’’ directly after the

words ‘‘Almond oil, bitter, N.F.X. * * *

S.D.A. 38–B’’;

b. Remove the word ‘‘(BITREX)’’ from

the reference to ‘‘Denatonium benzoate,

N.F. S.D.A. 1, 40–B’’; and

c. Add ‘‘2–B’’ between ‘‘S.D.A.’’ and

‘‘28–A’’ across from ‘‘Heptane.’’

Signed: January 4, 2001.

Bradley A. Buckles,

Director.

Approved: February 1, 2001.

Timothy E. Skud,

Acting Deputy Assistant Secretary,

(Regulatory, Tariff and Trade Enforcement).

[FR Doc. 01–4845 Filed 2–28–01; 8:45 am]

BILLING CODE 4810–31–M

DEPARTMENT OF JUSTICE

28 CFR Part 25

[AG Order No. 2403–2001; FBI 105F]

RIN 1110–AA02

National Instant Criminal Background

Check System Regulation; Delay of

Effective Date

AGENCY: Federal Bureau of

Investigation, Department of Justice.

ACTION: Final rule; delay of effective

date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001 (66 FR 7702), this

action temporarily delays for 60 days

the effective date of the final rule

entitled ‘‘National Instant Criminal

Federal Register / Vol. 66, No. 41 / Thursday, March 1, 2001 / Rules and Regulations 12855

Background Check System Regulation’’

published in the Federal Register on

January 22, 2001, at 66 FR 6470. The

temporary 60-day delay in effective date

is necessary to give Department of

Justice officials the opportunity for

further review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

DATES: The effective date of the final

rule amending 28 CFR Part 25 published

in the Federal Register on Janaury 22,

2001, at 66 FR 6470, is delayed for 60

days, from March 5, 2001, until May 4,

2001.

FOR FURTHER INFORMATION CONTACT:

Fanny Haslebacher, Attorney-Advisor,

Federal Bureau of Investigation, Module

A–3, 1000 Custer Hollow Road,

Clarksburg, West Virginia 26306–0147,

(304) 625–2000.

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. section 553 applies

to this action, it is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C. section

553(b)(A). Alternatively, the Department

of Justice’s implementation of this

action without opportunity for public

comment, effective immediately upon

publication today in the Federal

Register, is based on the good cause

exceptions in 5 U.S.C. section 553(b)(B)

and 553(d)(3). Seeking public comment

is impracticable, unnecessary, and

contrary to the public interest. The

temporary 60-day delay in effective date

is necessary to give Department of

Justice officials the opportunity for

further review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

Given the imminence of the effective

date, seeking prior public comment on

this temporary delay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations. The imminence of the

effective date is also good cause for

making this action effective

immediately upon publication.

Dated: February 23, 2001.

John Ashcroft,

Attorney General.

[FR Doc. 01–4979 Filed 2–28–01; 8:45 am]

BILLING CODE 4410–06–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA53

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

TRICARE Dental Program

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: On October 23, 2000 (65 FR

63202), the Department of Defense

published a final rule on TRICARE

Family Member Dental Plan. The rule

had an effective date that began during

the Presidential Moratium on Rules,

therefore, this rule is republished to

change the effective date to April 1,

2001. This rule is published exactly as

previously published. No changes have

been made. It revises the comprehensive

CHAMPUS regulation pertaining to the

Expanded Active Duty Dependents

Benefit Plan, or more commonly

referred to as the TRICARE Family

Member Dental Plan (TFMDP). The

TFMDP limited eligibility to eligible

dependents of active duty members

(under a call or order that does not

specify a period of thirty (30) day or

less). Concurrent with the timeframe of

the publication of the proposed rule, the

Defense Authorization Act for Fiscal

Year 2000 (Pub. L. 106–65, sec. 711) was

signed into law and its provisions have

been incorporated into this final rule.

The Act authorized a new plan, titled

the TRICARE dental program (TDP),

which allows the Secretary of Defense to

offer a comprehensive premium based

indemnity dental insurance coverage

plan to eligible dependents of active

duty members (under a call or order that

does not specify a period of thirty (30)

days or less), eligible dependents of

members of the Selected Reserve and

Individual Ready Reserve, and eligible

members of the Selected Reserve and

Individual Ready Reserve. The Act also

struck section 1076b (Selected Reserve

dental insurance), or Chapter 55 of title

10, United States Code, since the

affected population and the authority

for that particular dental insurance plan

has been incorporated in 10 U.S.C.

1076a. Consistent with the proposed

rule and the provisions of the Defense

Authorization Act for Fiscal Year 2000,

the final rule places the responsibility

for TDP enrollment and a large portion

of the appeals program on the dental

plan contractor; allows the dental plan

contractor to bill beneficiaries for plan

premiums in certain circumstances;

reduces the former TFMDP enrollment

period from twenty-four (24) to twelve

(12) months; excludes Reserve

component members ordered to active

duty in support of a contingency

operation from the mandatory twelve

(12) month enrollment; clarifies dental

plan requirements for different

beneficiary populations; simplifies

enrollment types and exceptions;

reduces cost-shares for certain enlisted

grades; adds anesthesia as a covered

benefit; provides clarification on the

Department’s use of the Congressional

waiver for surviving dependents;

incorporates legislative authority for

calculating the method by which

premiums may be raised and allowing

premium reductions for certain enlisted

grades; and reduces administrative

burden by reducing redundant language,

referencing language appearing in other

CFR sections and removing language

more appropriate to the actual contract.

These improvements will provide

Uniformed Service members and

families with numerous quality of life

benefits that will improve participation

in the plan, significantly reduce

enrollment errors and positively effect

utilization of this important dental plan.

The proposed rule was titled the

‘‘TRICARE Family Member Dental

Plan’’.

DATES: This rule is effective April 1,

2001.

FOR FURTHER INFORMATION CONTACT:

Major Brian K. Witt, TRICARE

Management Activity, 303–676–3496.

SUPPLEMENTARY INFORMATION:

I. Background and Legislative Changes

The Basic Active Duty Dependents

Dental Benefits Plan was implemented

on August 1, 1987, allowing Uniformed

Service personnel, on active duty for

periods of greater than thirty (30) days,

to voluntarily enroll their dependents in

a basic dental health care plan. Under

this plan, DoD shared the cost of the

premium with the active duty service

member. Although the plan was viewed

as a major step in benefit enhancement

for Uniformed Service families, there

were still complaints that the enabling

legislation was too restrictive in scope

and that there should be expansion of

services to better meet the dental needs

of the Uniformed Service family.

Congress responded to these concerns

by authorizing the Secretary of Defense

to develop and implement an Expanded

Active Duty Dependents Dental Benefit

Plan (The Defense Authorization Act

For Fiscal Year 1993, Pub. L. 102–484,

sec. 701). The provisions of this Act

specified the expanded benefit

structure, as well as maximum monthly

premiums for enrollees. Cost-sharing