SUPPLEMENTARY INFORMATION:

Background

As a part of continuing efforts to reorganize the part numbering system of title 27 CFR, ATF is removing part 250, in its entirety, and is recodifying the regulations as 27 CFR part 26. This change improves the organization of title 27 CFR.

In addition to the recodification, ATF is making two technical amendments to title 27 CFR, chapter I. Specifically, we are designating Subchapter B as Tobacco and in part 251 we are revising the reference to part 240 to read part 24.

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.

Authority and Issuance

ATF is amending title 27 of the Code of Federal Regulations, chapter I, as follows:

Par. 1. The authority citation for 27 CFR part 4 continues to read as follows:

Authority: 27 U.S.C. 205, unless otherwise noted.

Par. 2. Under the heading “Cross References,” remove the reference to “27 CFR Part 250-Liquors and Articles from Puerto Rico and the Virgin Islands” and add, in part number order, a reference to “27 CFR Part 26-Liquors and Articles from Puerto Rico and the Virgin Islands.”

Par. 3. The authority citation for 27 CFR part 5 continues to read as follows:

Authority: 26 U.S.C. 5301, 7805; 27 U.S.C. 205.

Par. 4. Amend § 5.2 by removing the reference to “27 CFR Part 250-Liquors and Articles from Puerto Rico and the Virgin Islands” and adding, in part number order, a reference to “27 CFR Part 26-Liquors and Articles from Puerto Rico and the Virgin Islands.”

Par. 5. The authority citation for 27 CFR part 7 continues to read as follows:

Authority: 27 U.S.C. 205.

Par. 6. Amend § 7.4 by removing the reference to “27 CFR Part 250-Liquors and Articles from Puerto Rico and the Virgin Islands” and adding, in part number order, a reference to “27 CFR Part 26-Liquors and Articles from Puerto Rico and the Virgin Islands.”

Par. 7. The authority citation for 27 CFR part 17 continues to read as follows:

Authority: 26 U.S.C. 5010, 5131-5134, 5143, 5146, 5206, 5273, 6011, 6065, 6091, 6109, 6151, 6402, 6511, 7011, 7213, 7652, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.

Par. 8. Amend § 17.5 by removing the reference to “part 250” and adding, in its place, a reference to “part 26.”

Par. 9. The authority citation for 27 CFR part 19 continues to read as follows:

Authority: 19 U.S.C. 81c 1131; 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.

Par. 10. Amend § 19.3 by removing the reference to “27 CFR Part 250-Liquors and Articles from Puerto Rico and the Virgin Islands” and adding, in part number order, a reference to “27 CFR Part 26-Liquors and Articles from Puerto Rico and the Virgin Islands.”

Par. 11. Amend § 19.485 as follows:

a. In paragraph (a)(1), remove the reference to “27 CFR 250.40” and add, in its place, a reference to “27 CFR 26.40”; and

b. In paragraph (a)(2), remove the reference to “27 CFR 250.206” and add, in its place, a reference to “27 CFR 26.206.”

Par. 12. Amend paragraphs (a)(1), (b)(1) and (b)(3) of § 19.524 by removing the reference to “parts 250 and 251” and adding, in its place, a reference to “parts 26 and 251.”

Par. 13. The authority citation for 27 CFR part 20 continues to read as follows:

Authority: 26 U.S.C. 5001, 5206, 5214, 5271-5275, 5552, 5555, 5607, 6065, 7805.

Par. 14. Amend § 20.3 by removing the reference to “27 CFR Part 250-Liquors and Articles from Puerto Rico and the Virgin Islands” and adding, in part number order, a reference to “27 CFR Part 26-Liquors and Articles from Puerto Rico and the Virgin Islands.”

Par. 15. The authority citation for 27 CFR part 22 continues to read as follows: ( printed page 38550)

Authority: 26 U.S.C. 5001, 5121, 5142, 5143, 5146, 5206, 5271-5276, 5311, 5552, 5555, 6056, 6061, 6065, 6109, 6151, 6806, 7011, 7805; 31 U.S.C. 9304, 9306.

Par. 16. Amend § 22.3 by removing the reference to “27 CFR Part 250-Liquors and Articles from Puerto Rico and the Virgin Islands” and adding, in part number order, a reference to “27 CFR Part 26-Liquors and Articles from Puerto Rico and the Virgin Islands.”

Par. 17. The authority citation for 27 CFR part 24 continues to read as follows:

Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042, 5044, 5061, 5062, 5081, 5111-5113, 5121, 5122, 5142, 5143, 5173, 5206, 5214, 5215, 5351, 5353, 5354, 5356, 5357, 5361, 5362, 5364-5373, 5381-5388, 5391, 5392, 5511, 5551, 5552, 5661, 5662, 5684, 6065, 6091, 6109, 6301, 6302, 6311, 6651, 6676, 7011, 7302, 7342, 7502, 7503, 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304, 9306.

Par. 18. Amend § 24.4 by removing the reference to “27 CFR Part 250-Liquors and Articles from Puerto Rico and the Virgin Islands” and adding, in part number order, a reference to “27 CFR Part 26-Liquors and Articles from Puerto Rico and the Virgin Islands.”

Par. 19. Amend paragraphs (a)(1), (b)(1) and (b)(3) of § 24.272 by removing the reference to “parts 250 and 251” and adding, in its place, a reference to “parts 26 and 251.”

Par. 20. The authority citation for 27 CFR part 25 continues to read as follows:

Authority: 19 U.S.C. 81c; 26 U.S.C. 5002, 5051-5054, 5056, 5061, 5091, 5111, 5113, 5142, 5143, 5146, 5222, 5401-5403, 5411-5417, 5551, 5552, 5555, 5556, 5671, 5673, 5684, 6011, 6061, 6065, 6091, 6109, 6151, 6301, 6302, 6311, 6313, 6402, 6651, 6656, 6676, 6806, 7011, 7342, 7606, 7805; 31 U.S.C. 9301, 9303-9308.

Par. 21. Amend paragraph (a)(1), (b)(1) and (b)(3) of § 25.165 by removing the reference to “Parts 250 and 251” and adding, in its place, a reference to “parts 26 and 251.”

Par. 21a. Add the following heading to Subchapter B:

Subchapter B—Tobacco

Par. 22. 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.

Par. 23. Remove the reference to “part 250” and add, in its place, a reference to “part 26” in the following places:

a. Section 70.411(c)(26); and

b. Section 70.461.

Par. 24. The authority citation for 27 CFR part 251 continues to read as follows:

Authority: 5 U.S.C. 552(a), 19 U.S.C. 81c, 1202; 26 U.S.C. 5001, 5007, 5008, 5010, 5041, 5051, 5054, 5061, 5111, 5112, 5114, 5121, 5122, 5124, 5201, 5205, 5207, 5232, 5273, 5301, 5313, 5555, 6302, 7805.

Par. 25. Under the heading “Cross Reference,” remove the reference to “part 250” and add, in its place, a reference to “part 26.”

Par. 26. Revise the “Note” in § 251.1 to read as follows:

Par. 27. Amend paragraph (a) of § 251.48a as follows:

a. Remove the reference to “parts 19 and 250” and add, in its place, a reference to “parts 19 and 26”;

b. Remove the reference to “parts 240 and 250” and add, in its place, a reference to “parts 24 and 26”; and

c. Remove the reference to “parts 25 and 250” and add, in its place, a reference to “parts 25 and 26.”

Par. 28. The authority citation for 27 CFR part 250 continues to read as follows:

Authority: 19 U.S.C. 81c; 26 U.S.C. 5001, 5007, 5008, 5010, 5041, 5051, 5061, 5081, 5111, 5112, 5114, 5121, 5122, 5124, 5131-5134, 5141, 5146, 5207, 5232, 5271, 5276, 5301, 5314, 5555, 6001, 6301, 6302, 6804, 7101, 7102, 7651, 7652, 7805; 27 U.S.C. 203, 205; 31 U.S.C. 9301, 9303, 9304, 9306.

Par. 29. Redesignate 27 CFR part 250 as 27 CFR part 26.

Par. 30. The authority citation for the newly redesignated part 26 of title 27 CFR, subchapter A, continues to read as follows:

Authority: 19 U.S.C. 81c; 26 U.S.C. 5001, 5007, 5008, 5010, 5041, 5051, 5061, 5081, 5111, 5112, 5114, 5121, 5122, 5124, 5131-5134, 5141, 5146, 5207, 5232, 5271, 5276, 5301, 5314, 5555, 6001, 6301, 6302, 6804, 7101, 7102, 7651, 7652, 7805; 27 U.S.C. 203, 205; 31 U.S.C. 9301, 9303, 9304, 9306.

Par. 30a. Amend § 26.3 as follows:

a. Remove the reference to “part 250,” each place it appears, and add, in its place, a reference to “part 26”; and

b. Remove the reference to “ATF Order 1130.23,” each place it appears, and add, in its place, a reference to “ATF Order 1130.29.”

Par. 31. Amend § 26.11 as follows:

a. In the definition of “Appropriate ATF Officer,” remove the reference to “ATF Order 1130.23, Delegation Order—Delegation of the Director's Authorities in 27 CFR Part 250,” and add, in its place, a reference to “ATF Order 1130.29, Delegation Order—Delegation of the Director's Authorities in 27 CFR Part 26”; and

b. In the definition of “Virgin Islands regulations,” remove the reference to “§ 250.201a” and add, in its place, a reference to “§ 26.201a.”

Par. 32. Amend § 26.30 by removing the reference to “§ 250.31” and adding, in its place, a reference to “§ 26.31.”

Par. 33. Remove the reference to “§ 250.36,” each place it appears, and ( printed page 38551) add, in its place, a reference to “§ 26.36,” in the following places:

a. Section 26.35(a);

b. Section 26.47; and

c. Section 26.107.

Par. 34. Amend § 26.45 by removing the reference to “§ 250.44” and adding, in its place, a reference to “§ 26.44.”

Par. 35. Amend § 26.50 as follows:

a. In paragraph (a), remove the reference to “§ 250.36” and add, in its place, a reference to “§ 26.36”; and

b. In paragraphs (a) and (b), remove the reference to “§ 250.54” and add, in its place, a reference to “§ 26.54.”

Par. 36. Amend paragraph (c) of § 26.51 by removing the reference to “§ 250.54” and adding, in its place, a reference to “§ 26.54.”

Par. 37. Amend § 26.55 by removing the reference to “§ 250.52” and adding, in its place, a reference to “§ 26.52.”

Par. 38. Amend § 26.68a as follows:

a. Remove the reference to “§§ 250.66(a), 250.67, or § 250.68” and add, in its place, a reference to “§§ 26.66(a), 26.67, or 26.68”; and

b. Remove the reference to “§ 250.66(b)” and add, in its place, a reference to “§ 26.66(b).”

Par. 39. Remove the reference to “§ 250.72” and add, in its place, a reference to “§ 26.72,” in the following places:

a. Section 26.70;

b. Section 26.71(a); and c. Section 26.73.

Par. 40. Amend § 26.72 by removing the reference to “§ 250.73” and adding, in its place, a reference to “§ 26.73.”

Par. 41. Amend § 26.74 by removing the reference to “§ 250.63” and adding, in its place, a reference to “§ 26.63.”

Par. 42. Amend paragraph (c) of § 26.77 by removing the reference to “§ 250.79a” and adding, in its place, a reference to “§ 26.79a.”

Par. 43. Remove the reference to “§ 250.164a” and add, in its place, a reference to “§ 26.164a,” in the following places:

a. Section 26.79(a);

b. Section 26.80(a);

c. Section 26.81(a);

d. Section 26.199a(a); and

e. Section 26.199b.

Par. 44. Amend § 26.82 by removing the reference to “§§ 250.114 through 250.116” and adding, in its place, a reference to “§§ 26.114 through 26.116.”

Par. 45. Amend § 26.87 as follows:

a. Remove the reference to “§ 250.86” and add, in its place, a reference to “§ 26.86”;

b. Remove the reference to “§ 250.81” and add, in its place, a reference to “§ 26.81”;

c. Remove the reference to “§ 250.80” and add, in its place, a reference to “§ 26.80”;

d. Remove the reference to “§ 250.78” and add, in its place, a reference to “§ 26.78”; an

e. Remove the reference to “§§ 250.114 through 250.116” and add, in its place, a reference to “§§ 26.114 through 26.116.”

Par. 46. Remove the reference to “§ 250.80(b)” and add, in its place, a reference to “§ 26.80(b),” in the following places:

a. Section 26.95(b); and

b. Section 26.104(b).

Par. 47. Amend § 26.96b as follows:

a. Remove the reference to “§ 250.95 or § 250.96” and add, in its place, a reference to “§ 26.95 or § 26.96”; and

b. Remove the reference to “§§ 250.114 through 250.116” and add, in its place, a reference to “§§ 26.114 through 26.116.”

Par. 48. Amend § 26.105a as follows:

a. Remove the reference to “§ 250.104 or § 250.105” and add, in its place, a reference to “§ 26.104 or § 26.105”; and

b. Remove the reference to “§§ 250.114 through 250.116” and add, in its place, a reference to “§§ 26.114 through 26.116.”

Par. 49. Amend § 26.108 as follows:

a. In paragraph (a), remove the reference to “§ 250.78” and add, in its place, a reference to “§ 26.78”;

b. In paragraph (b), remove the reference to “§§ 250.93 and/or 250.102” and add, in its place, a reference to “§§ 26.93 and/or 26.102”; and

c. In paragraph (c), remove the reference to “§§ 250.78, 250.93, and/or § 250.102” and add, in its place, a reference to “§§ 26.78, 26.93, and/or § 26.102.”

Par. 51. Amend § 26.110 as follows:

a. Remove the reference to “§ 250.164a” and add, in its place, a reference to “§ 26.164a”; and

b. Remove the reference to “§§ 250.114 through 250.116” and add, in its place, a reference to “§§ 26.114 through 26.116.”

Par. 52. Amend § 26.112 as follows:

a. In paragraph (a), remove the reference to “§§ 250.80, 250.95 or 250.104” and add, in its place, a reference to “§§ 26.80, 26.95 or 26.104”;

b. In paragraphs (c)(2) and (d)(2), remove the reference to “§ 250.112a” and add, in its place, a reference to “§ 26.112a”; and

c. In paragraph (e), remove the reference to “§ 250.113” and add, in its place, a reference to “§ 26.113.”

Par. 56. Amend § 26.115 by removing the reference to “§ 250.116” and adding, in its place, a reference to “§ 26.116.”

Par. 57. Amend § 26.163 by removing the reference to “§ 250.164” and adding, in its place, a reference to “§ 26.164.”

Par. 58. Amend § 26.165 as follows:

a. In paragraph (a)(2), remove the reference to “§ 250.79a” and add, in its place, a reference to “§ 26.79a”; and

b. In paragraph (a)(3), remove the reference to “§ 250.50a” and add, in its place, a reference to “§ 26.50a.”

Par. 59. Amend paragraph (b)(4) of § 26.173 by removing the reference to “§ 250.51” and adding, in its place, a reference to “§ 26.51.”

Par. 60. Amend § 26.193 as follows:

a. In paragraph (a), remove the reference to “§§ 250.107 through 250.110” and add, in its place, a reference to “§§ 26.107 through 26.110”; and

b. In paragraph (b), remove the reference to “§ 250.113” and add, in its place, a reference to “§ 26.113.”

Par. 61. Amend § 26.194 as follows:

a. In paragraph (a), remove the reference to “§ 250.193(b)” and add, in its place, a reference to “§ 26.193(b)”; and

b. In paragraph (b), remove the reference to “§ 250.113” and add, in its place, a reference to “§ 26.113.”

Par. 62. Amend § 26.196 by removing the reference to “§ 250.86” and adding, in its place, a reference to “§ 26.86.”

Par. 63. Amend paragraph (a) of § 26.200 by removing the reference to “§ 250.201,” each place it appears, and adding, in its place, a reference to “§ 26.201.”

Par. 64. Remove the reference to “§ 250.205” and add, in its place, a reference to “§ 26.205,” in the following places:

a. Section 26.204;

b. Section 26.260;

c. Section 26.263;

d. Section 26.264; and

e. Section 26.265.

Par. 65. Amend § 26.205 as follows:

a. In the introductory text of paragraph (a)(8), remove the reference to “§ 250.262a” and add, in its place, a reference to “§ 26.262a”;

b. In paragraph (a)(8)(iv), remove the reference to “§ 250.204a” and add, in its place, a reference to “§ 26.204a”; and

c. In paragraph (b), remove the reference to “§§ 250.260 and 250.302” and add, in its place, a reference to “§§ 26.260 and 26.302.”

Par. 66. Amend § 26.211 by removing the reference to “§ 250.210” and adding, in its place, a reference to “§ 26.210.”

Par. 67. Remove the reference to “§ 250.224” and add, in its place, a reference to “§ 26.224,” in the following places:

a. Section 26.220(a) and

(b); and b. Section 26.221(c).

Par. 68. Amend § 26.225 by removing the reference to “§ 250.222” and adding, in its place, a reference to “§ 26.222.”

Par. 69. Amend § 26.261 as follows:

a. Remove the reference to “§ 250.205” and add, in its place, a reference to “§ 26.205”; and

b. Remove the reference to “§§ 250.262 through 250.265” and add, in its place, a reference to “§§ 26.262 through 26.265.”

Par. 70. Amend § 26.262 as follows:

a. In paragraph (a), remove the reference to “§ 250.205” and add, in its place, a reference to “§ 26.205”; and

b. In paragraph (c), remove the reference to “§ 250.262a” and add, in its place, a reference to “§ 26.262a.”

Par. 71. Amend § 26.272 by removing the reference to “§ 250.273” and adding, in its place, a reference to “§ 26.273.”

Par. 72. Amend the introductory text of § 26.273a by removing the reference to “250.301” and adding, in its place, a reference to “26.301.”

Par. 73. Amend § 26.291 as follows:

a. In paragraph (a), remove the reference to “§ 250.292 through 250.294” and add, in its place, a reference to “§§ 26.292 through 26.294”;

b. In paragraph (b)(1), remove the reference to “§§ 250.292 through 250.294” and add, in its place, a reference to “§§ 26.292 through 26.294”;

c. In paragraphs (b)(2) and (c), remove the reference to “§§ 250.295 through 250.296” and add, in its place, a reference to “§§ 26.295 through 26.296”; and

d. In paragraph (c), remove the reference to “§ 250.221” and add, in its place, a reference to “§ 26.221.”

Par. 74. Amend § 26.301 by removing the reference to “§ 250.273a” and adding, in its place, a reference to “§ 26.273a.”

Par. 75. Amend § 26.302 as follows:

a. In paragraph (a), remove the reference to “§ 250.204” and add, in its place, a reference to “§ 26.204”;

b. In paragraphs (a) and (b), remove the reference to “§ 250.205” and add, in its place, a reference to “§ 26.205”; and

c. In paragraph (b), remove the reference to “§ 250.301” and add, in its place, a reference to “§ 26.301.”

Par. 76. Amend § 26.303 by removing the reference to “§ 250.302” and adding, in its place, a reference to “§ 26.302.”

Par. 77. Amend § 26.309 as follows:

a. In paragraph (b)(4) remove the reference to “§ 250.221” and add, in its place, a reference to “§ 26.221”; and

b. In paragraph (c)(2)(viii) remove the reference to “§ 250.266” and add, in its place, a reference to “§ 26.266.”

Par. 78. Amend § 26.318 by removing the reference to “§ 250.316” and adding, in its place, a reference to “§ 26.316.”