SUPPLEMENTARY INFORMATION:

Background

As a part of the continuing efforts to reorganize the part numbering system of title 27 CFR, chapter I, ATF is removing part 200, in its entirety, and is recodifying the regulations as 27 CFR part 71. This change improves the organization of title 27 CFR.

In addition to the recodification, ATF is making a technical amendment to part 12 of title 27 CFR, chapter 1. Specifically, we are amending the reference to 27 CFR 71.41(c) to read 27 CFR 70.701(c).

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 to improve the clarity and the organization 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 this final rule makes no substantial changes and is merely the recodification of existing regulations, 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:

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

Authority: 27 U.S.C. 203, 204, 206, 211 unless otherwise noted.

Par. 2. Remove the reference to “part 200” and add, in its place, a reference to “part 71” in the following places:

a. Section 1.1(a);

b. Section 1.31;

c. Section 1.35;

d. Section 1.50;

e. Section 1.51;

f. Section 1.52; and

g. Section 1.57.

Par. 3. The authority citation for 27 CFR part 4 continues to read as follows:

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

Par. 4. Under the heading “Cross References,” remove the reference to “27 CFR part 200—Rules of Practice in Permit Proceedings” and add, in part number order, a reference to “27 CFR part 71—Rules of Practice in Permit Proceedings.”

Par. 5. 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. 6. Amend § 5.2 by removing the reference to “27 CFR part 200—Rules of Practice in Permit Proceedings” and adding, in part number order, a reference to “27 CFR part 71—Rules of Practice in Permit Proceedings.”

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

Authority: 27 U.S.C. 205.

Par. 8. Amend § 7.4 by removing the reference to “27 CFR part 200—Rules of Practice in Permit Proceedings” and adding, in part number order, a reference to “27 CFR part 71—Rules of Practice in Permit Proceedings.”

Par. 9. The authority citation for 27 CFR part 12 continues to read as follows:

Authority: 27 U.S.C. 205.

Par. 10. Amend paragraph (a) of § 12.3 by removing the reference to “27 CFR 71.41(c)” and adding, in its place, a reference to “27 CFR 70.701(c).”

Par. 11. 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. 12. Amend § 19.3 by removing the reference to “27 CFR part 200—Rules of Practice in Permit Proceedings” and adding, in part number order, a reference to “27 CFR part 71—Rules of Practice in Permit Proceedings.”

Par. 13. Remove the reference to “part 200” and add, in its place, a reference to “part 71” in the following places:

a. Section 19.161(c);

b. Section 19.163(f);

c. Section 19.164;

d. Section 19.911(c); and

e. Section 19.950(f).

Par. 14. 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. 15. Amend § 20.3 by removing the reference to “27 CFR part 200—Rules of Practice in Permit Proceedings” and adding, in part number order, a reference to “27 CFR part 71—Rules of Practice in Permit Proceedings.”

Par. 16. Remove the reference to “part 200” and add, in its place, a reference to “part 71” in the following places:

a. The introductory text of § 20.44;

b. The introductory text of § 20.51; and

c. Section 20.52.

Par. 17. The authority citation for 27 CFR part 22 continues to read as follows:

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. 18. Amend § 22.3 by removing the reference to “27 CFR part 200—Rules of Practice in Permit Proceedings” and adding, in part number order, a reference to “27 CFR part 71—Rules of Practice in Permit Proceedings.”

Par. 19. Remove the reference to “part 200” and add, in its place, a reference to “part 71” in the following places:

a. The introductory text of § 22.44;

b. The introductory text of § 22.51; and

c. Section 22.52.

Par. 20. 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. 21. Amend § 24.4 by removing the reference to “27 CFR part 200—Rules of Practice in Permit Proceedings” and adding, in part number order, a reference to “27 CFR part 71—Rules of Practice in Permit Proceedings.”

Par. 22. The authority citation for 27 CFR part 40 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. Remove the reference to “part 200” and add, in its place, a reference to “part 71” in the following places:

a. Section 40.74; and

b. Section 40.332.

Par. 24. The authority citation for 27 CFR part 55 continues to read as follows:

Authority: 18 U.S.C. 847.

Par. 25. Remove the reference to “part 200” each place it appears, and add, in substitution, a reference to “part 71” in the following places:

a. Section 55.73;

b. Section 55.75;

c. Section 55.79; and

d. The section heading and text of § 55.82.

Par. 26. 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. 27. Remove the reference to “part 200” and add, in its place, a reference to “part 71” in the following places:

a. Section 70.411(c)(5); and

b. Section 70.431(b)(1).

Par. 28. 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. 29. Amend § 275.199 by removing the reference to “part 200” and adding, in its place, a reference to “part 71.”

Par. 30. 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. 31. Remove the reference to “part 200” and add, in its place, a reference to “part 71” in the following places:

a. Section 290.92; and

b. Section 290.162.

Par. 32. 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. 33. Redesignate 27 CFR part 200 as 27 CFR part 71.

Par. 33a. Transfer newly designated part 71 from subchapter M to subchapter F.

Par. 34. The authority citation for the newly designated 27 CFR part 71 is revised to read as follows:

Authority: 26 U.S.C. 5271, 5181, 5713, 7805, 27 U.S.C. 204.

Par. 35. Amend the “Editorial Note” under newly designated § 71.1 by removing the reference to “§ 200.1” and adding, in its place, a reference to “§ 71.1.”

Par. 36. Amend newly designated § 71.37 by removing the reference to “§§ 200.55 and 200.56” and adding, in its place, a reference to “§§ 71.55 and 71.56.”

Par. 37. Amend newly designated § 71.38 as follows:

a. Remove the reference to “§ 200.35” and add, in its place, a reference to “§ 71.35.”

b. Remove the reference to “§ 200.71” and add, in its place, a reference to “§ 71.71.”

Par. 37a. Amend the newly designated “Editorial Note” in § 71.56 by removing the reference to “§ 200.56” and adding, in its place, a reference to “§ 71.56.”

Par. 38. Amend newly designated § 71.62 by removing the reference to “§ 200.59” and adding, in its place, a reference to “§ 71.59.”

Par. 39. Amend newly designated § 71.63 as follows:

a. Remove the reference to “§ 200.60” and add, in its place, a reference to “§ 71.60.”

b. Remove the reference to “§ 200.64” and add, in its place, a reference to § 71.64.”

c. Remove the reference to “§ 200.79” and add, in its place, a reference to “§ 71.79.”

Par. 40. Amend paragraph (a) of newly designated § 71.64 by removing the reference to “§ 200.60” and adding, in its place, a reference to “§ 71.60.”

Par. 41. Amend newly designated § 71.74 by removing the reference to “§ 200.2” and adding, in its place, a reference to “§ 71.2.”

Par. 42. Amend newly designated § 71.78 by removing the reference to “§ 200.107” and adding, in its place, a reference to “§ 71.107.”

Par. 43. Amend newly designated § 71.82 by removing the reference to “§ 200.66” and adding, in its place, a reference to “§ 71.66.”

Par. 44. Amend newly designated § 71.83 by removing the reference to “§ 200.81” and adding, in its place, a reference to “§ 71.81.”

Par. 45. Amend newly designated § 71.96 by removing the reference to “§ 200.115” and adding, in its place, a reference to “§ 71.115.”

Par. 46. Amend paragraph (a) of newly designated § 71.107a by removing the reference to “§ 200.79” and adding, in its place, a reference to “§ 71.79.”

Par. 47. Amend newly designated § 71.108 as follows:

a. In paragraph (a) remove the reference to “§ 200.115” and add, in its place, a reference to “§ 71.115.”

b. In paragraph (b) remove the reference to “§ 200.79” and add, in its place, a reference to “§ 71.79.”

Par. 48. Amend newly designated § 71.110 by removing the reference to “§ 200.108” and adding, in its place, a reference to “§ 71.108.”