Rules and Regulations. Final rule (Treasury decision)

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BILLING CODE 7020-02-P 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 Recodification of Regulations on Tobacco Products and Cigarette Papers and Tubes 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 A Sec. Sec. 46.1 296.1 46.2 296.2 46.3 296.3 46.4 296.4 46.5 296.5 46.6 296.6 46.7 296.7 46.8 296.8 46.9 296.9 46.10 296.10 46.11 296.11 46.12 296.12 46.13 296.13 46.14 296.14 46.15 296.15 46.16 296.16 Subpart B [Reserved] Subpart C 46.71 296.71 46.71 296.71 46.72 296.72 46.73 296.73 46.74 296.74 46.75 296.75 46.76 296.76 46.77 296.77 46.78 296.78 46.79 296.79 46.80 296.80 46.81 296.81 Subparts D-E [Reserved] Subpart F 46.141 296.141 46.142 296.142 46.143 296.143 46.146 296.146 46.147 296.147 46.150 296.150 46.153 296.153 46.154 296.154 46.155 296.155 Subpart G 46.161 296.161 46.162 296.162 46.163 296.163 46.164 296.164 46.165 296.165 46.166 296.166 46.167 296.167 46.168 296.168 Subpart H [Reserved] Subpart I 46.191 296.191 46.192 296.192 46.193 296.193 46.194 296.194 46.195 296.195 46.196 296.196 46.201 296.201 46.202 296.202 46.203 296.203 46.204 296.204 46.205 296.205 46.206 296.206 46.207 296.207 46.208 296.208 46.209 296.209 46.210 296.210 46.211 296.211 46.212 296.212 46.213 296.213 46.221 296.221 46.222 296.222 46.223 296.223 46.231 296.231 46.232 296.232 46.233 296.233 46.234 296.234 46.235 296.235 46.236 296.236 46.237 296.237 46.241 296.241 46.242 296.242 46.243 296.243 46.244 296.244 46.245 296.245 46.251 296.251 46.252 296.252 46.253 296.253 46.254 296.254 46.255 296.255 46.261 296.261 46.262 296.262 46.263 296.263 46.264 296.264 46.270 296.270 46.271 296.271 46.272 296.272 46.273 296.273 46.274 296.274 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 [Amended] **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 [Amended] **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 [Amended] **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 [Amended] **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 [Amended] **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 [Amended] **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 [Amended] **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 [Amended] **Par. 16.** Amend § 46.7 by removing the reference to “§ 296.8” and adding, in its place, a reference to “46.8.” § 46.8 [Amended] **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 [Amended] **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 [Amended] **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 [Amended] **Par. 20.** Amend § 46.146 by removing the reference to “296.147” and adding, in its place, a reference to “46.147.” § 46.147 [Amended] **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 [Amended] **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 [Amended] **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 [Amended] **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 [Revised] **Par. 24a.** Revise § 46.270 to read as follows: § 46.270 Delegations of the Director. 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 [Amended] **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 b. Remove the reference to “§ 296.209” and add, in its place, a reference to “§ 46.209.” § 46.196 [Amended] **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 [Amended] **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 [Amended] **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 [Amended] **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 [Amended] **Par. 30.** Amend § 46.221 by removing the reference to “296.222” and adding, in its place, a reference to “46.222.” § 46.237 [Amended] **Par. 31.** Amend § 46.237 by removing the reference to “§ 296.223” and adding, in its place, a reference to “§ 46.223.” § 46.241 [Amended] **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 [Amended] **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]

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