Notices. Final rule (Treasury decision)

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BILLING CODE 4910-13-M DEPARTMENT OF THE TREASURY Bureau of Alcohol, Tobacco and Firearms 27 CFR Parts 40, 46, 70, 200, 270, 275, 290, and 295 [T.D. ATF-460] RIN 1512-AC39 Manufacture of Tobacco Products and Cigarette Papers and Tubes, Recodification of Regulations (2001R-57P) 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 pertaining to the manufacture of tobacco products and cigarette papers and tubes. The purpose of this recodification is to reissue the regulations in part 270 of title 27 of the Code of Federal Regulations (27 CFR part 270) as 27 CFR part 40. This change improves the organization of title 27. DATES: This rule is effective on July 27, 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 270, in its entirety, and is recodifying the regulations as 27 CFR part 40. This change improves the organization of title 27 CFR. Derivation Table for Part 40 The requirements of: Are derived from: Subpart A Sec: 40.1 270.1 40.2 270.2 Subpart B 40.11 270.11 Subpart C 40.21 270.21 40.22 270.22 40.23 270.23 40.24 270.24 40.25 270.25 40.25a 270.25a 40.26 270.26 40.27 270.27 Subpart Ca 40.31 270.31 40.32 270.32 40.33 270.33 40.34 270.34 40.35 270.35 40.36 270.36 Subpart D 40.41 270.41 40.42 270.42 40.43 270.43 40.44 270.44 40.45 270.45 40.46 270.46 40.47 270.47 40.48 270.48 40.49 270.49 Subpart E 40.61 270.61 40.61a 270.61a 40.62 270.62 40.63 270.63 40.64 270.64 40.65 270.65 40.66 270.66 40.67 270.67 40.68 270.68 40.69 270.69 40.70 270.70 40.71 270.71 40.72 270.72 40.73 270.73 40.74 270.74 40.75 270.75 40.76 270.76 Subpart F 40.91 270.91 40.92 270.92 40.93 270.93 40.101 270.101 40.102 270.102 40.103 270.103 40.104 270.104 40.111 270.111 40.112 270.112 40.113 270.113 40.114 270.114 Subpart G 40.131 270.131 40.132 270.132 40.133 270.133 40.134 270.134 40.135 270.135 40.136 270.136 40.137 270.137 40.138 270.138 40.139 270.139 40.140 270.140 Subpart H 40.161 270.161 40.162 270.162 40.163 270.163 40.164 270.164 40.165 270.165 40.165a 270.165a 40.166 270.166 40.167 270.167 40.168 270.168 40.169 270.169 40.170 270.170 40.171 270.171 40.181 270.181 40.182 270.182 40.183 270.183 40.184 270.184 40.185 270.185 40.186 270.186 40.187 270.187 40.201 270.201 40.202 270.202 40.203 270.203 40.211 270.211 40.212 270.212 40.213 270.213 40.214 270.214 40.215 270.215 40.216 270.216 40.116a 270.116a 40.116b 270.116b 40.116c 270.116c 40.217 270.217 40.231 270.231 40.232 270.232 40.233 270.233 40.234 270.234 40.235 270.235 40.236 270.236 40.251 270.251 40.252 270.252 40.253 270.253 40.254 270.254 40.255 270.255 Subpart I 40.281 270.281 40.282 270.282 40.283 270.283 40.284 270.284 40.285 270.285 40.286 270.286 40.287 270.287 40.301 270.301 40.311 270.311 40.312 270.312 40.313 270.313 Subpart J 40.331 270.331 40.332 270.332 Subpart K 40.351 270.351 40.352 270.352 40.353 270.353 40.354 270.354 40.355 270.355 40.356 270.356 40.357 270.357 40.358 270.358 40.359 270.359 40.360 270.360 40.361 270.361 40.371 270.371 40.372 270.372 40.373 270.373 40.374 270.374 40.375 270.375 40.382 270.382 40.383 270.383 40.384 270.384 40.385 270.385 40.386 270.386 40.387 270.387 40.391 270.391 40.392 270.392 40.393 270.393 40.394 270.394 40.395 270.395 40.396 270.396 40.397 270.397 40.401 270.401 40.402 270.402 40.403 270.403 40.404 270.404 40.405 270.405 40.406 270.406 40.407 270.407 40.408 270.408 40.409 270.409 40.410 270.410 40.421 270.421 40.422 270.422 40.423 270.423 40.424 270.424 40.425 270.425 40.426 270.426 40.431 270.431 40.432 270.432 40.433 270.433 40.434 270.434 40.435 270.435 40.441 270.441 40.451 270.451 40.452 270.452 40.453 270.453 40.454 270.454 40.461 270.461 40.471 270.471 40.472 270.472 40.473 270.473 40.474 270.474 40.475 270.475 40.476 270.476 40.477 270.477 40.478 270.478 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 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 40 Cigars and cigarettes, Claims, Electronic funds transfers, Excise taxes, Imports, Labeling, Packaging and containers, Reporting and recordkeeping requirements, Surety bonds, Tobacco. 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 200 Administrative practice and procedure, Alcohol and alcoholic beverages, Tobacco. 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 295 Cigars and cigarettes, Excise taxes, Labeling, Packaging and containers, Reporting and recordkeeping requirements, Tobacco. Authority and Issuance ATF is amending title 27 of the Code of Federal Regulations as follows: PART 46—MISCELLANEOUS REGULATIONS RELATING TO TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES **Paragraph 1.** The authority citation for 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. § 46.72 [Amended] **Par. 2.** Amend the definition of “Sale price” in § 46.72 by removing the reference to “§§ 270.22 or 275.39” and adding, in its place, a reference to “§ 40.22 or § 275.39.” §§ 46.166 and 46.167 [Amended] **Par. 3.** Remove the reference to “parts 270 and 275,” each place it appears, and add, in its place, a reference to “parts 40 and 275,” in the following places: a. Section 46.166; and b. Section 46.167, paragraphs

(a)and

(c)§ 46.255 [Amended] **Par. 4.** Amend paragraph

(a)of § 46.255 by removing the reference to “part 270” and adding, in its place, a reference to “part 40.” PART 70—PROCEDURE AND ADMINISTRATION **Par. 5.** 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. § 70.431 [Amended] **Par. 6.** Amend paragraph (b)(2) of § 70.431 by removing the reference to “Part 270” and adding, in its place, a reference to “Part 40.” PART 200—RULES OF PRACTICE IN PERMIT PROCEEDINGS **Par. 7.** The authority citation for 27 CFR part 200 continues to read as follows: Authority: 26 U.S.C. 7805, 27 U.S.C. 204. § 200.49b [Amended] **Par. 8.** Amend paragraph

(b)of § 200.49b by removing the reference to “§ 270.61” and adding, in its place, a reference to “§ 40.61.” PART 275—IMPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES **Par. 9.** The authority citation for 27 CFR part 275 continues to read as follows: Authority: 18 U.S.C. 2342; 26 U.S.C. 5701, 5703, 5704, 5705, 5708, 5712, 5713, 5721, 5722, 5723, 5741, 5754, 5761, 5762, 5763, 6301, 6302, 6313, 6404, 7101, 7212, 7342, 7606, 7652, 7805; 31 U.S.C. 9301, 9303, 9304, 9306. § 275.39 [Amended] **Par. 10.** Amend § 275.39 by removing the reference to “§ 270.22(b)” and adding, in its place, a reference to “§ 40.22(b).” § § 275.63, 275.82, 275.85, 275.85a, 275.86, 275.115a and 275.140 [Amended] **Par. 11.** Remove the reference to “part 270,” each place it appears, and add, in its place, a reference to “part 40,” in the following places: a. Section 275.63(a); b. Section 275.82(b); c. Section 275.85(b); d. Section 275.85a(c); e. Section 275.86(a); f. Section 275.115a(a)(1) and (b)(1); and g. Section 275.140. PART 290—EXPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES, WITHOUT PAYMENT OF TAX, OR WITH DRAWBACK OF TAX **Par. 12.** 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. § 290.11 [Amended] **Par. 13.** Amend the definition of “Sale price” in § 290.11 by removing the reference to “§§ 270.22 or 275.39” and adding, in its place, a reference to “§ 40.22 or § 275.39.” § 290.67 [Amended] **Par. 14.** Amend paragraph

(b)of § 290.67 by removing the reference to “§ 270.21” and adding, in its place, a reference to “§ 40.21.” § 290.184 [Amended] **Par. 15.** Amend § 290.184 by removing the reference to “§ 270.65” and adding, in its place, a reference to “§ 40.65.” § 290.243 [Amended] **Par. 16.** Amend § 290.243 by removing the reference to “§ 270.199” and adding, in its place, a reference to “§ 40.199.” PART 295—REMOVAL OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES, WITHOUT PAYMENT OF TAX FOR USE OF THE UNITED STATES **Par. 17.** The authority citation for 27 CFR part 295 continues to read as follows: Authority: 26 U.S.C. 5703, 5704, 5705, 5723, 5741, 5751, 5762, 5763, 6313, 7212, 7342, 7606, 7805, 44 U.S.C. 3504(h). § 295.11 [Amended] **Par. 18.** Amend the definition of “Sale price” in § 295.11 by removing the reference to “§§ 270.22 or 275.39” and adding, in its place, a reference to “§ 40.22 or § 275.39.” §§ 295.34 and 295.51 [Amended] **Par. 19.** Remove the reference to “part 270” and add, in its place, a reference to “part 40,” in the following places: a. Section 295.34; and b. Section 295.51(a), introductory text. § 295.42 [Amended] **Par. 20.** Amend § 295.42 by removing the reference to “§ 270.65” and adding, in its place, a reference to “§ 40.65.” § 295.45c [Amended] **Par. 21.** Amend § 295.45c as follows: a. In paragraph (b), remove the reference to “§§ 270.212 and 270.216b(b)” and add, in its place, a reference to “§§ 40.212 and 40.216b(b)”; and b. In paragraph (c), remove the reference to “§ 270.216b(a)” and add, in its place, a reference to “§ 40.216b(a).” PART 270—MANUFACTURE OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES **Par. 22.** 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. Part 270 [Transferred to Subchapter B and Redesignated as Part 40] **Par. 23.** Transfer 27 CFR part 270 to Subchapter B and redesignate as 27 CFR part 40. PART 40—MANUFACTURE OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES **Par. 24.** The authority citation for the newly redesignated 27 CFR part 40 reads 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. § 40.11 [Amended] **Par. 25.** Amend § 40.11 as follows: a. In the definition of “Appropriate ATF officer,” remove the reference to “ATF Order 1130.15, Delegation Order—Delegation of Certain of the Director's Authorities in 27 CFR Parts 46, 270, and 275” and add, in its place, a reference to “ATF Order 1130.30, Delegation Order—Delegation of the Director's Authorities in 27 CFR Part 40—Manufacture of Tobacco Products and Cigarette Papers and Tubes”; and b. In the definition of “Sale price,” remove the reference to “§ 270.22” and add, in its place, a reference to “§ 40.22.” §§ 40.21, 40.183, and 40.187 [Amended] **Par. 26.** Remove the reference to “§ 270.22” and add, in its place, a reference to “§ 40.22,” in the following places: a. Section 40.21(b); b. Section 40.183(e); and c. Section 40.187. § 40.31 [Amended] **Par. 27.** Amend paragraph

(a)of § 40.31 by removing the reference to “§ 270.32” and adding, in its place, a reference to “§ 40.32.” § 40.32 [Amended] **Par. 28.** Amend paragraph

(b)of § 40.32 by removing the reference to “§ 270.31” and adding, in its place, a reference to “§ 40.31.” § 40.33 [Amended] **Par. 29.** Amend § 40.33 as follows: a. In paragraph (b)(3), remove the reference to “§ 270.34” and add, in its place, a reference to “§ 40.34”; and b. In paragraph (c)(2), remove the reference to “§ 270.185” and add, in its place, a reference to “§ 40.185.” § 40.35 [Amended] **Par. 30.** Amend paragraph

(a)of § 40.35 by removing the reference to “§ 270.33(c)(2)” and adding, in its place, a reference to “§ 40.33(c)(2).” § 40.49 [Amended] **Par. 31.** Amend § 40.49 as follows: a. Remove the reference to “part 270” and add, in its place, a reference to “part 40”; and b. Remove the reference to “ATF Order 1130.15, Delegation Order—Delegation of Certain of the Director's Authorities in 27 CFR Parts 46, 270, and 275” and add, in its place, a reference to “ATF Order 1130.30, Delegation Order—Delegation of the Director's Authorities in 27 CFR Part 40—Manufacture of Tobacco Products and Cigarette Papers and Tubes.” § 40.62 [Amended] **Par. 32.** Amend § 40.62 as follows: a. Remove the reference to “§ 270.11” and add, in its place, a reference to “§ 40.11”; and b. Remove the reference to “§ 270.75” and add, in its place, a reference to “§ 40.75.” §§ 40.63, 40.64 and 40.65 [Amended] **Par. 33.** Remove the reference to “§ 270.62” and add, in its place, a reference to “§ 40.62,” in the following places: a. Section 40.63; b. Section 40.64; and c. Section 40.65. § 40.67 [Amended] **Par. 34.** Amend § 40.67 by removing the reference to “§ 270.134” and adding, in its place, a reference to “§ 40.134.” §§ 40.68 and 40.103 [Amended] **Par. 35.** Remove the reference to “§ 270.63” and add, in its place, a reference to “§ 40.63,” in the following places: a. Section 40.68; and b. Section 40.103. § 40.71 [Amended] **Par. 36.** Amend § 40.71 by removing the reference to “§ 270.70” and adding, in its place, a reference to “§ 40.70.” § 40.72 [Amended] **Par. 37.** Amend § 40.72 by removing the reference to “§ 270.47,” each place it appears, and adding, in its place, a reference to “§ 40.47.” §§ 40.92 and 40.212 [Amended] **Par. 38.** Remove the reference to “§ 270.65” and add, in its place, a reference to “§ 40.65,” in the following places: a. Section 40.92; and b. Section 40.212. § 40.101 [Amended] **Par. 39.** Amend § 40.101 as follows: a. Remove the reference to “§ 270.201” and add, in its place, a reference to “§ 40.201”; b. Remove the reference to “§ 270.69” and add, in its place, a reference to “§ 40.69”; and c. Remove the reference to “§ 270.137” and add, in its place, a reference to “§ 40.137.” § 40.102 [Amended] **Par. 40.** Amend § 40.102 as follows: a. Remove the reference to “§ 270.69” and add, in its place, a reference to “§ 40.69”; and b. Remove the reference to “§§ 270.201 and 270.202” each place it appears and add, in its place, a reference to “§§ 40.201 and 40.202”. § 40.104 [Amended] **Par. 41.** Amend § 40.104 by removing the reference to “§§ 270.201 and 270.202” and adding, in its place, a reference to “§§ 40.201 and 40.202.” § 40.111 [Amended] **Par. 42.** Amend § 40.111 by removing the reference to “§ 270.137” and adding, in its place, a reference to “§ 40.137.” § 40.113 [Amended] **Par. 43.** Amend § 40.113 by removing the reference to “§§ 270.201 and 207.202” and adding, in its place, a reference to “§§ 40.201 and 40.202.” § 40.114 [Amended] **Par. 44.** Amend § 40.114 by removing the reference to “§ 270.69” and adding, in its place, a reference to “§ 40.69.” § 40.134 [Amended] **Par. 45.** Amend § 40.134 as follows: a. Remove the reference to “§ 270.67” and add, in its place, a reference to “§ 40.67”; and b. Remove the reference to “§ 270.133” and add, in its place, a reference to “§ 40.133.” § 40.135 [Amended] **Par. 46.** Amend § 40.135 as follows: a. Remove the reference to “§ 270.133 or § 270.134” and add, in its place, a reference to “§ 40.133 or § 40.134”; and b. Remove the reference to “§ 270.136” and add, in its place, a reference to “§ 40.136.” § 40.136 [Amended] **Par. 47.** Amend § 40.136 in paragraph

(d)by removing the reference to “§ 270.133 or § 270.134” and adding, in its place, a reference to “§ 40.133 or § 40.134.” § 40.140 [Amended] **Par. 48.** Amend § 40.140 by removing the reference to “§ 270.132” and adding, in its place, a reference to “§ 40.132.” § 40.162 [Amended] **Par. 49.** Amend § 40.162 by removing the reference to “§ 270.165” and adding, in its place, a reference to “§ 40.165.” § 40.163 [Amended] **Par. 50.** Amend § 40.163 by removing the reference to “section 270.164” and adding, in its place, a reference to “§ 40.164.” § 40.164 [Amended] **Par. 51.** Amend § 40.164 as follows: a. In paragraph (a)(2), remove the reference to “§ 270.165a” and add, in its place, a reference to “§ 40.165a”; b. In paragraph (d)(2), remove the reference to “§ 270.165(a)” and add, in its place, a reference to “§ 40.165(a)”; c. In paragraph (d)(2), remove the reference to “§ 270.164(a)(1),” each place it appears, and add, in its place, a reference to “§ 40.164(a)(1)”; and d. In paragraph (d)(2), remove the reference to “§ 270.164(b),” each place it appears, and add, in its place, a reference to “§ 40.164(b).” § 40.165 [Amended] **Par. 52.** Amend paragraph

(a)of § 40.165 as follows: a. Remove the reference to “§ 270.164” and add, in its place, a reference to “§ 40.164”; and b. Remove the reference to “§ 270.164(c)” and add, in its place, a reference to “§ 40.164(c).” § 40.165a [Amended] **Par. 53.** Amend § 40.165a as follows: a. In paragraphs (a)(1) and (b)(3), remove the reference to “§ 270.168” and add, in its place, a reference to “§ 40.168”; and b. In paragraph (b)(2), remove the reference to “§ 270.165 or § 270.167” and add, in its place, a reference to “§ 40.165 or § 40.167.” § 40.166 [Amended] **Par. 54.** Amend § 40.166 as follows: a. Remove the reference to “§ 270.167” and add, in its place, a reference to “§ 40.167”; and b. Remove the reference to “§ 270.165a” and add, in its place, a reference to “§ 40.165a.” § 40.167 [Amended] **Par. 55.** Amend § 40.167 as follows: a. In paragraph (a), remove the reference to “§ 270.162” and add, in its place, a reference to “§ 40.162”; and b. In paragraph (b), remove the reference to “§ 270.165a” and add, in its place, a reference to “§ 40.165a.” § 40.168 [Amended] **Par. 56.** Amend § 40.168 as follows: a. Remove the reference to “§ 270.165a” and add, in its place, a reference to “§ 40.165a”; and b. Remove the reference to “§ 270.166” and add, in its place, a reference to “§ 40.166.” § 40.181 [Amended] **Par. 57. ** Amend § 40.181 as follows: a. Remove the reference to “§§ 270.182 and 270.183” and add, in its place, a reference to “§§ 40.182 and 40.183”; and b. Remove the reference to “§§ 270.184 and 270.186,” each place it appears, and add, in its place, a reference to “§§ 40.184 and 40.186.” § 40.216c [Amended] **Par. 58. ** Amend § 40.216c as follows: a. In paragraph (b), remove the reference to “§§ 270.212 and 270.216b(b)” and add, in its place, a reference to “§§ 40.212 and 40.216b(b)”; and b. In paragraph (c), remove the reference to “§ 270.216b(a)” and add, in its place, a reference to “§ 40.216b(a).” § 40.251 [Amended] **Par. 59. ** Amend § 40.251 as follows: a. Remove the reference to “§ 270.114” and add, in its place, a reference to “§ 40.114”; and b. Remove the reference to “§§ 270.183 and 270.202” and add, in its place, a reference to “§§ 40.183 and 40.202.” §§ 40.252 and 40.253 [Amended] **Par. 60. ** Remove the reference to “§§ 270.311 and 270.313” and add, in its place, a reference to “§§ 40.311 and 40.313,” in the following places: a. Section 40.252; and b. Section 40.253. § 40.254 [Amended] **Par. 61.** Amend § 40.254 as follows: a. Remove the reference to “§ 270.217” and add, in its place, a reference to “§ 40.217”; and b. Remove the reference to “§§ 270.311 and 270.313” and add, in its place, a reference to “§§ 40.311 and 40.313.” § 40.255 [Amended] **Par. 62.** Amend § 40.255 as follows: a. Remove the reference to “§ 270.183” and add, in its place, a reference to “§ 40.183”; b. Remove the reference to “§ 270.286,” each place it appears, and add, in its place, a reference to “§ 40.286”; and c. Remove the reference to “§ 270.287,” each place it appears, and add, in its place, a reference to “§ 40.287.” § 40.282 [Amended] **Par. 63.** Amend § 40.282 as follows: a. Remove the reference to “§ 270.301” and add, in its place, a reference to “§ 40.301”; and b. Remove the reference to “§ 270.311” and add, in its place, a reference to “§ 40.311.” § 40.283 [Amended] **Par. 64.** Amend § 40.283 as follows: a. Remove the reference to “§ 270.301” and add, in its place, a reference to “§ 40.301”; and b. Remove the reference to “§§ 270.311 and 270.313” and add, in its place, a reference to “§§ 40.311 and 40.313.” § 40.286 [Amended] **Par. 65.** Amend § 40.286 by removing the reference to “§ 270.164” and adding, in its place, a reference to “§ 40.164.” § 40.287 [Amended] **Par. 66.** Amend § 40.287 by removing the reference to “§ 270.255” and adding, in its place, a reference to “§ 40.255.” § 40.301 [Amended] **Par. 67.** Amend § 40.301 by removing the reference to “§ 270.282 or § 270.283” and adding, in its place, a reference to “§ 40.282 or § 40.283.” § 40.311 [Amended] **Par. 68.** Amend § 40.311 as follows: a. In paragraph (a), remove the reference to “§ 270.282 or § 270.283” and add, in its place, a reference to “§ 40.282 or § 40.283”; and b. In paragraph (b), remove the reference to “§ 270.185” and add, in its place, a reference to “§ 40.185.” § 40.313 [Amended] **Par. 69.** Amend § 40.313 as follows: a. Remove the reference to “§ 270.282” and add, in its place, a reference to “§ 40.282”; and b. Remove the reference to “§ 270.283,” each place it appears, and add, in its place, a reference to “§ 40.283.” § 40.331 [Amended] **Par. 70.** Amend § 40.331 by removing the reference to “§ 270.201 and § 270.202” and add, in its place, a reference to “§§ 40.201 and 40.202.” § 40.355 [Amended] **Par. 71.** Amend paragraphs

(e)and (g)(2) of § 40.355 by removing the reference to “§ 270.357” and adding, in its place, a reference to “§ 40.357.” § 40.357 [Amended] **Par. 72.** Amend paragraphs (a)(1), (b)(2), and (b)(3) of § 40.357 by removing the reference to “§ 270.355” and adding, in its place, a reference to “§ 40.355.” § 40.371 [Amended] **Par. 73.** Amend paragraph

(a)of § 40.371 by removing the reference to “§ 270.372” and adding, in its place, a reference to “§ 40.372.” § 40.372 [Amended] **Par. 74.** Amend paragraph

(b)of § 40.372 by removing the reference to “§ 270.371” and adding, in its place, a reference to “§ 40.371.” § 40.373 [Amended] **Par. 75.** Amend § 40.373 as follows: a. In paragraph (b)(3), remove the reference to “§§ 270.359-361” and add, in its place, a reference to “§§ 40.359-361”; and b. In paragraph (c)(2), remove the reference to “§ 270.371” and add, in its place, a reference to “§ 40.371.” § 40.374 [Amended] **Par. 76.** Amend paragraph

(a)of § 40.374 by removing the reference to “§ 270.373(c)(2)” and adding, in its place, a reference to “§ 40.373(c)(2).” § 40.396 [Amended] **Par. 77.** Amend § 40.396 as follows: a. Remove the reference to “§ 270.407” and add, in its place, a reference to “§ 40.407”; b. Remove the reference to “§§ 270.434 and 270.426” and add, in its place, a reference to “§§ 40.434 and 40.426”; and c. Remove the reference to “§§ 270.432 and 270.423” and add, in its place, a reference to “§§ 40.432 and 40.423.” § 40.397 [Amended] **Par. 78.** Amend § 40.397 as follows: a. Remove the reference to “§ 270.407” and add, in its place, a reference to “§ 40.407”; and b. Remove the reference to “§§ 270.434 and 270.426” and add, in its place, a reference to “§§ 40.434 and 40.426.” § 40.402 [Amended] **Par. 79.** Amend § 40.402 by removing the reference to “§ 270.401(c)” and adding, in its place, a reference to “§ 40.401(c).” § 40.404 [Amended] **Par. 80.** Amend § 40.404 by removing the reference to “§ 270.452” and adding, in its place, a reference to “§ 40.452.” § 40.405 [Amended] **Par. 81.** Amend § 40.405 by removing the reference to “§ 270.404” and adding, in its place, a reference to “§ 40.404.” § 40.410 [Amended] **Par. 82.** Amend § 40.410 by removing the reference to “§ 270.403” and adding, in its place, a reference to “§ 40.403.” § 40.421 [Amended] **Par. 83.** Amend paragraph (a)(4) of § 40.421 by removing the reference to “§ 270.451” and adding, in its place, a reference to “§ 40.451.” § 40.461 [Amended] **Par. 84.** Amend § 40.461 by removing the reference to “§§ 270.434 and 270.426” and adding, in its place, a reference to “§§ 40.434 and 40.426.” § 40.472 [Amended] **Par. 85.** Amend § 40.472 as follows: a. Remove the reference to “§ 270.475” and add, in its place, a reference to “§ 40.475”; and b. Remove the reference to “§ 270.476” and add, in its place, a reference to “§ 40.476.” § 40.473 [Amended] **Par. 86. ** Amend § 40.473 as follows: a. Remove the reference to “§ 270.475” and add, in its place, a reference to “§ 40.475”; and b. Remove the reference to “§§ 270.476, and 270.477” and add, in its place, a reference to “§§ 40.476 and 40.477.” §§ 40.475 and 40.476 [Amended] **Par. 87.** Remove the reference to “§ 270.472 or § 270.473” and add, in its place, a reference to “§ 40.472 or § 40.473,” in the following places: a. Section 40.475; and b. Section 40.476. § 40.478 [Amended] **Par. 88.** Amend § 40.478 by removing the reference to “§ 270.473,” each place it appears, and adding, in its place, a reference to “§ 40.473.” Signed: April 19, 2001. Bradley A. Buckles, Director. Approved: May 2, 2001. Timothy Skud, Acting Deputy Assistant Secretary, (Regulatory, Tariff and Trade Enforcement). [FR Doc. 01-18394 Filed 7-26-01; 8:45 am]

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