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.

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 as follows:

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.

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.”

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)

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.”

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.

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.”

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.

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.”

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.

Par. 10. Amend § 275.39 by removing the reference to “§ 270.22(b)” and adding, in its place, a reference to “§ 40.22(b).”

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.

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.

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.”

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.”

Par. 15. Amend § 290.184 by removing the reference to “§ 270.65” and adding, in its place, a reference to “§ 40.65.”

Par. 16. Amend § 290.243 by removing the reference to “§ 270.199” and adding, in its place, a reference to “§ 40.199.”

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).

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.”

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.

Par. 20. Amend § 295.42 by removing the reference to “§ 270.65” and adding, in its place, a reference to “§ 40.65.”

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).”

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.

Par. 23. Transfer 27 CFR part 270 to Subchapter B and redesignate as 27 CFR part 40.

Par. 24. The authority citation for the newly redesignated 27 CFR part 40 reads as follows:

( printed page 39094) 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.

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.”

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.

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.”

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.”

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.”

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).”

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.”

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.”

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.

Par. 34. Amend § 40.67 by removing the reference to “§ 270.134” and adding, in its place, a reference to “§ 40.134.”

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.

Par. 36. Amend § 40.71 by removing the reference to “§ 270.70” and adding, in its place, a reference to “§ 40.70.”

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.”

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.

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.”

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”.

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.”

Par. 42. Amend § 40.111 by removing the reference to “§ 270.137” and adding, in its place, a reference to “§ 40.137.”

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.”

Par. 44. Amend § 40.114 by removing the reference to “§ 270.69” and adding, in its place, a reference to “§ 40.69.”

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.”

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.”

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.”

Par. 48. Amend § 40.140 by removing the reference to “§ 270.132” and adding, in its place, a reference to “§ 40.132.”

Par. 49. Amend § 40.162 by removing the reference to “§ 270.165” and adding, in its place, a reference to “§ 40.165.”

Par. 50. Amend § 40.163 by removing the reference to “section 270.164” and adding, in its place, a reference to “§ 40.164.”

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).”

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).”

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.”

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.”

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.”

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.”

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.”

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).”

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.”

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.

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.”

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.”

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.”

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.”

Par. 65. Amend § 40.286 by removing the reference to “§ 270.164” and adding, in its place, a reference to “§ 40.164.”

Par. 66. Amend § 40.287 by removing the reference to “§ 270.255” and adding, in its place, a reference to “§ 40.255.”

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.”

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.”

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.”

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.”

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.”

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.”

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.”

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.”

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.”

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).”

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.”

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.”

Par. 79. Amend § 40.402 by removing the reference to “§ 270.401(c)” and adding, in its place, a reference to “§ 40.401(c).”

Par. 80. Amend § 40.404 by removing the reference to “§ 270.452” and adding, in its place, a reference to “§ 40.452.”

Par. 81. Amend § 40.405 by removing the reference to “§ 270.404” and adding, in its place, a reference to “§ 40.404.”

Par. 82. Amend § 40.410 by removing the reference to “§ 270.403” and adding, in its place, a reference to “§ 40.403.”

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.”

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.”

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.”

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.”

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.

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.”