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Rule

Manufacture of Tobacco Products and Cigarette Papers and Tubes, Recodification of Regulations (2001R-57P)

Document Details

Information about this document as published in the Federal Register.

Published Document

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Start Preamble

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.

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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.

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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:
40.1270.1
Subpart B
40.11270.11
Subpart C
40.21270.21
40.22270.22
40.23270.23
40.24270.24
40.25270.25
40.25a270.25a
40.26270.26
40.27270.27
Subpart Ca
40.31270.31
40.32270.32
40.33270.33
40.34270.34
40.35270.35
40.36270.36
Subpart D
40.41270.41
40.42270.42
40.43270.43
40.44270.44
40.45270.45
40.46270.46
40.47270.47
40.48270.48
40.49270.49
Subpart E
40.61270.61
40.61a270.61a
40.62270.62
40.63270.63
40.64270.64
40.65270.65
40.66270.66
40.67270.67
40.68270.68
40.69270.69
40.70270.70
40.71270.71
40.72270.72
40.73270.73
40.74270.74
40.75270.75
40.76270.76
Subpart F
40.91270.91
40.92270.92
40.93270.93
40.101270.101
40.102270.102
40.103270.103
40.104270.104
40.111270.111
40.112270.112
40.113270.113
40.114270.114
Subpart G
40.131270.131
40.132270.132
40.133270.133
40.134270.134
40.135270.135
40.136270.136
40.137270.137
40.138270.138
40.139270.139
40.140270.140
Subpart H
40.161270.161
40.162270.162
40.163270.163
40.164270.164
40.165270.165
40.165a270.165a
40.166270.166
40.167270.167
40.168270.168
40.169270.169
40.170270.170
40.171270.171
40.181270.181
40.182270.182
40.183270.183
40.184270.184
40.185270.185
40.186270.186
40.187270.187
40.201270.201
40.202270.202
40.203270.203
40.211270.211
40.212270.212
40.213270.213
40.214270.214
40.215270.215
40.216270.216
40.116a270.116a
40.116b270.116b
40.116c270.116c
40.217270.217
40.231270.231
40.232270.232
40.233270.233
40.234270.234
40.235270.235
40.236270.236
40.251270.251
40.252270.252
40.253270.253
40.254270.254
40.255270.255
Subpart I
40.281270.281
40.282270.282
40.283270.283
40.284270.284
40.285270.285
40.286270.286
40.287270.287
40.301270.301
40.311270.311
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40.312270.312
40.313270.313
Subpart J
40.331270.331
40.332270.332
Subpart K
40.351270.351
40.352270.352
40.353270.353
40.354270.354
40.355270.355
40.356270.356
40.357270.357
40.358270.358
40.359270.359
40.360270.360
40.361270.361
40.371270.371
40.372270.372
40.373270.373
40.374270.374
40.375270.375
40.382270.382
40.383270.383
40.384270.384
40.385270.385
40.386270.386
40.387270.387
40.391270.391
40.392270.392
40.393270.393
40.394270.394
40.395270.395
40.396270.396
40.397270.397
40.401270.401
40.402270.402
40.403270.403
40.404270.404
40.405270.405
40.406270.406
40.407270.407
40.408270.408
40.409270.409
40.410270.410
40.421270.421
40.422270.422
40.423270.423
40.424270.424
40.425270.425
40.426270.426
40.431270.431
40.432270.432
40.433270.433
40.434270.434
40.435270.435
40.441270.441
40.451270.451
40.452270.452
40.453270.453
40.454270.454
40.461270.461
40.471270.471
40.472270.472
40.473270.473
40.474270.474
40.475270.475
40.476270.476
40.477270.477
40.478270.478

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.

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List of Subjects

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Authority and Issuance

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

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PART 46—MISCELLANEOUS REGULATIONS RELATING TO TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES

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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.

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a. Section 46.166; and

b. Section 46.167, paragraphs (a) and (c)

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PART 70—PROCEDURE AND ADMINISTRATION

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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.

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PART 200—RULES OF PRACTICE IN PERMIT PROCEEDINGS

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Authority: 26 U.S.C. 7805, 27 U.S.C. 204.

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PART 275—IMPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES

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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.

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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.

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PART 290—EXPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES, WITHOUT PAYMENT OF TAX, OR WITH DRAWBACK OF TAX

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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.

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PART 295—REMOVAL OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES, WITHOUT PAYMENT OF TAX FOR USE OF THE UNITED STATES

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Authority: 26 U.S.C. 5703, 5704, 5705, 5723, 5741, 5751, 5762, 5763, 6313, 7212, 7342, 7606, 7805, 44 U.S.C. 3504(h).

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a. Section 295.34; and

b. Section 295.51(a), introductory text.

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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

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b. In paragraph (c), remove the reference to “§ 270.216b(a)” and add, in its place, a reference to “§ 40.216b(a).”

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PART 270—MANUFACTURE OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES

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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.

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[Transferred to Subchapter B and Redesignated as Part 40]
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PART 40—MANUFACTURE OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES

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Start 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.

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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

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b. In the definition of “Sale price,” remove the reference to “§ 270.22” and add, in its place, a reference to “§ 40.22.”

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a. Section 40.21(b);

b. Section 40.183(e); and

c. Section 40.187.

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a. In paragraph (b)(3), remove the reference to “§ 270.34” and add, in its place, a reference to “§ 40.34”; and

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b. In paragraph (c)(2), remove the reference to “§ 270.185” and add, in its place, a reference to “§ 40.185.”

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a. Remove the reference to “part 270” and add, in its place, a reference to “part 40”; and

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b. Remove the reference to “ATF Order 1130.15, Delegation Order—Delegation of Certain of the Director's Authorities in

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a. Remove the reference to “§ 270.11” and add, in its place, a reference to “§ 40.11”; and

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b. Remove the reference to “§ 270.75” and add, in its place, a reference to “§ 40.75.”

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a. Section 40.63;

b. Section 40.64; and

c. Section 40.65.

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a. Section 40.68; and

b. Section 40.103.

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a. Section 40.92; and

b. Section 40.212.

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a. Remove the reference to “§ 270.201” and add, in its place, a reference to “§ 40.201”;

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b. Remove the reference to “§ 270.69” and add, in its place, a reference to “§ 40.69”; and

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c. Remove the reference to “§ 270.137” and add, in its place, a reference to “§ 40.137.”

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a. Remove the reference to “§ 270.69” and add, in its place, a reference to “§ 40.69”; and

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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”.

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a. Remove the reference to “§ 270.67” and add, in its place, a reference to “§ 40.67”; and

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b. Remove the reference to “§ 270.133” and add, in its place, a reference to “§ 40.133.”

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a. Remove the reference to “§ 270.133 or § 270.134” and add, in its place, a reference to “§ 40.133 or § 40.134”; and

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b. Remove the reference to “§ 270.136” and add, in its place, a reference to “§ 40.136.”

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a. In paragraph (a)(2), remove the reference to “§ 270.165a” and add, in its place, a reference to “§ 40.165a”;

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b. In paragraph (d)(2), remove the reference to “§ 270.165(a)” and add, in its place, a reference to “§ 40.165(a)”;

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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

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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).”

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a. Remove the reference to “§ 270.164” and add, in its place, a reference to “§ 40.164”; and

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b. Remove the reference to “§ 270.164(c)” and add, in its place, a reference to “§ 40.164(c).”

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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

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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.”

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a. Remove the reference to “§ 270.167” and add, in its place, a reference to “§ 40.167”; and

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b. Remove the reference to “§ 270.165a” and add, in its place, a reference to “§ 40.165a.”

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a. In paragraph (a), remove the reference to “§ 270.162” and add, in its place, a reference to “§ 40.162”; and

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b. In paragraph (b), remove the reference to “§ 270.165a” and add, in its place, a reference to “§ 40.165a.”

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a. Remove the reference to “§ 270.165a” and add, in its place, a reference to “§ 40.165a”; and

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b. Remove the reference to “§ 270.166” and add, in its place, a reference to “§ 40.166.”

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a. Remove the reference to “§§ 270.182 and 270.183” and add, in its place, a reference to “§§ 40.182 and 40.183”; and

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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.”

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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

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b. In paragraph (c), remove the reference to “§ 270.216b(a)” and add, in its place, a reference to “§ 40.216b(a).”

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a. Remove the reference to “§ 270.114” and add, in its place, a reference to “§ 40.114”; and

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b. Remove the reference to “§§ 270.183 and 270.202” and add, in its place, a reference to “§§ 40.183 and 40.202.”

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a. Section 40.252; and

b. Section 40.253.

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a. Remove the reference to “§ 270.217” and add, in its place, a reference to “§ 40.217”; and

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b. Remove the reference to “§§ 270.311 and 270.313” and add, in its place, a reference to “§§ 40.311 and 40.313.”

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a. Remove the reference to “§ 270.183” and add, in its place, a reference to “§ 40.183”;

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b. Remove the reference to “§ 270.286,” each place it appears, and add, in its place, a reference to “§ 40.286”; and

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c. Remove the reference to “§ 270.287,” each place it appears, and add, in its place, a reference to “§ 40.287.”

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a. Remove the reference to “§ 270.301” and add, in its place, a reference to “§ 40.301”; and

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b. Remove the reference to “§ 270.311” and add, in its place, a reference to “§ 40.311.”

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a. Remove the reference to “§ 270.301” and add, in its place, a reference to “§ 40.301”; and

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b. Remove the reference to “§§ 270.311 and 270.313” and add, in its place, a reference to “§§ 40.311 and 40.313.”

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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

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b. In paragraph (b), remove the reference to “§ 270.185” and add, in its place, a reference to “§ 40.185.”

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a. Remove the reference to “§ 270.282” and add, in its place, a reference to “§ 40.282”; and

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b. Remove the reference to “§ 270.283,” each place it appears, and add, in its place, a reference to “§ 40.283.”

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a. In paragraph (b)(3), remove the reference to “§§ 270.359-361” and add, in its place, a reference to “§§ 40.359-361”; and

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b. In paragraph (c)(2), remove the reference to “§ 270.371” and add, in its place, a reference to “§ 40.371.”

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a. Remove the reference to “§ 270.407” and add, in its place, a reference to “§ 40.407”;

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b. Remove the reference to “§§ 270.434 and 270.426” and add, in its place, a reference to “§§ 40.434 and 40.426”; and

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c. Remove the reference to “§§ 270.432 and 270.423” and add, in its place, a reference to “§§ 40.432 and 40.423.”

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a. Remove the reference to “§ 270.407” and add, in its place, a reference to “§ 40.407”; and

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b. Remove the reference to “§§ 270.434 and 270.426” and add, in its place, a reference to “§§ 40.434 and 40.426.”

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a. Remove the reference to “§ 270.475” and add, in its place, a reference to “§ 40.475”; and

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b. Remove the reference to “§ 270.476” and add, in its place, a reference to “§ 40.476.”

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a. Remove the reference to “§ 270.475” and add, in its place, a reference to “§ 40.475”; and

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b. Remove the reference to “§§ 270.476, and 270.477” and add, in its place, a reference to “§§ 40.476 and 40.477.”

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a. Section 40.475; and

b. Section 40.476.

[Amended]
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Signed: April 19, 2001.

Bradley A. Buckles,

Director.

Approved: May 2, 2001.

Timothy Skud,

Acting Deputy Assistant Secretary, (Regulatory, Tariff and Trade Enforcement).

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[FR Doc. 01-18394 Filed 7-26-01; 8:45 am]

BILLING CODE 4810-31-P