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AGENCY:

Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION:

Final rule; Treasury decision.

SUMMARY:

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is recodifying its regulations pertaining to liquor dealers. We are also making administrative changes to these regulations to reflect TTB's new name and organizational structure resulting from changes made by the Homeland Security Act of 2002. This document does not include any substantive regulatory changes.

DATES:

This rule is effective on April 15, 2005.

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FOR FURTHER INFORMATION CONTACT:

Karl O. Joedicke, Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Washington, DC 20220; telephone 202-927-8210; or e-mail Karl.Joedicke@ttb.gov.

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SUPPLEMENTARY INFORMATION:

Background

As a part of its continuing efforts to reorganize chapter I of title 27 of the Code of Federal Regulations (27 CFR chapter I), the Alcohol and Tobacco Tax and Trade Bureau (TTB) is removing all of part 194, Liquor Dealers, from subchapter M, Alcohol, Tobacco, and Other Excise Taxes, and recodifying it as part 31 in subchapter A, Liquors. We are also revising the title of new part 31 to read “Alcohol Beverage Dealers.” These changes improve the organization of chapter I of title 27 and better describe the contents of newly designated part 31. The table below shows from which section of part 194 the requirements of part 31 are derived.

In addition, section 1111 of the Homeland Security Act of 2002 (Pub. L. 107-296, 116 Stat. 2135) divided the former Bureau of Alcohol, Tobacco, and Firearms (ATF), Department of the Treasury, into two separate agencies, the Bureau of Alcohol, Tobacco, Firearms and Explosives in the Department of Justice, and TTB, which remains in the Department of the Treasury. This reorganization requires us to amend each of the CFR parts under our jurisdiction to reflect our Bureau's new name and organizational structure. This document makes the appropriate administrative, nonsubstantive changes to the newly designated part 31.

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Regulatory Flexibility Act

Because no notice of proposed rulemaking is required for this final rule under 5 U.S.C. 553, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.

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 requirements of this Executive Order.

Inapplicability of Prior Notice and Comment and Delayed Effective Date Requirements

Because this final rule merely makes organizational and technical or Start Printed Page 19882conforming nonsubstantive amendments to improve the layout of the regulations and to reflect the new name and organizational structure of TTB, no notice of proposed rulemaking and public comment period are required under 5 U.S.C. 553(b)(B). For the same reasons, this final rule is not subject to the delayed effective date requirement of 5 U.S.C. 553(d).

Drafting Information

The principal author of this document is Karl O. Joedicke, Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade Bureau.

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List of Subjects

27 CFR Part 17

• Administrative practice and procedure
• Claims
• Cosmetics
• Customs duties and inspection
• Drugs
• Excise taxes
• Exports
• Imports
• Liquors
• Packaging and containers
• Puerto Rico
• Reporting and recordkeeping requirements
• Spices and flavorings
• Surety bonds
• Virgin Islands

27 CFR Part 19

• Caribbean Basin Initiative
• Claims
• Electronic funds transfers
• Excise taxes
• Exports
• Gasohol
• Imports
• Labeling
• Liquors
• Packaging and containers
• Puerto Rico
• Reporting and recordkeeping requirements
• Research
• Security measures
• Surety bonds
• Vinegar
• Virgin Islands
• Warehouses

27 CFR Part 24

• Administrative practice and procedure
• Claims
• Electronic funds transfers
• Excise taxes
• Exports
• Food additives
• Fruit juices
• Labeling
• Liquors
• Packaging and containers
• Reporting and recordkeeping requirements
• Research
• Scientific equipment
• Spices and flavorings
• Surety bonds
• Vinegar
• Warehouses
• Wine

27 CFR Part 25

• Beer
• Claims
• Electronic funds transfers
• Excise taxes
• Exports
• Labeling
• Packaging and containers
• Reporting and recordkeeping requirements
• Research
• Surety bonds

27 CFR Part 26

• Alcohol and alcoholic beverages
• Caribbean Basin initiative
• Claims
• Customs duties and inspection
• Electronic funds transfers
• Excise taxes
• Packaging and containers
• Puerto Rico
• Reporting and recordkeeping requirements
• Surety bonds
• Virgin Islands
• Warehouses

27 CFR Part 27

• Alcohol and alcoholic beverages
• Beer
• Cosmetics
• Customs duties and inspection
• Electronic funds transfers
• Excise taxes
• Imports
• Labeling
• Liquors
• Packaging and containers
• Reporting and recordkeeping requirements
• Wine

27 CFR Part 28

• Aircraft
• Alcohol and alcoholic beverages
• Armed forces
• Beer
• Claims
• Excise taxes
• Exports
• Foreign trade zones
• Labeling
• Liquors
• Packaging and containers
• Reporting and recordkeeping requirements
• Surety bonds
• Vessels
• Warehouses
• Wine

27 CFR Part 31

• Alcohol and alcoholic beverages
• Claims
• Excise taxes
• Exports
• Packaging and containers
• Reporting and recordkeeping requirements

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 194

• Alcohol and alcoholic beverages
• Claims
• Excise taxes
• Exports
• Packaging and containers
• Reporting and recordkeeping requirements

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Amendments to the Regulations

For the reasons stated in the preamble, TTB amends chapter I of title 27 of the Code of Federal Regulations as follows:

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PART 17—DRAWBACK ON TAXPAID DISTILLED SPIRITS USED IN MANUFACTURING NONBEVERAGE PRODUCTS

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

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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.

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2. Amend § 17.187 by removing the reference “part 194” and adding, in its place, a reference to “part 31”.

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PART 19—DISTILLED SPIRITS PLANTS

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

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Authority: 19 U.S.C. 81c, 1311; 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.

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4. Amend § 19.3 by removing the reference to “ 27 CFR part 194—Liquor Dealers” and adding, in appropriate part number order, a reference to “27 CFR part 31—Alcohol Beverage Dealers”.

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5. Amend the sections listed above as follows:

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PART 24—WINE

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

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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.

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7. Amend § 24.4 by removing the reference to “ 27 CFR Part 194—Liquor Dealers” and adding, in appropriate part number order, a reference to “27 CFR Part 31—Alcohol Beverage Dealers”.

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8. Amend § 24.52(d) by removing the reference to “part 194” and adding, in its place, a reference to “part 31”.

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PART 25—BEER

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

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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.

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10. Amend the sections listed above as follows:

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PART 26—LIQUORS AND ARTICLES FROM PUERTO RICO AND THE VIRGIN ISLANDS

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11. The authority citation for 27 CFR part 26 continues to read as follows:

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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.

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12. Amend the sections listed above as follows:

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PART 27—IMPORTATION OF DISTILLED SPIRITS, WINES, AND BEER

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

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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.

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14. Amend the sections listed above as follows:

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PART 28—EXPORTATION OF ALCOHOL

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

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Authority: 5 U.S.C. 552(a); 19 U.S.C. 81c, 1202; 26 U.S.C. 5001, 5007, 5008, 5041, 5051, 5054, 5061, 5111, 5112, 5114, 5121, 5122, 5124, 5201, 5205, 5207, 5232, 5273, 5301, 5313, 5555, 6302, 7805; 27 U.S.C. 203, 205; 44 U.S.C. 3504(h).

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16. Amend § 28.3 by removing the reference to “ 27 CFR Part 194—Liquor Dealers” and adding, in appropriate part number order, a reference to “27 CFR Part 31—Alcohol Beverage Dealers”.

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PART 70—PROCEDURE AND ADMINISTRATION

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17. The authority citation for 27 CFR part 70 continues to read as follows:

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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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18. Amend the sections listed above as follows:

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PART 194—LIQUOR DEALERS

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19. The authority citation for 27 CFR part 194 continues to read as follows:

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Authority: 26 U.S.C. 5001, 5002, 5111-5114, 5116, 5117, 5121-5124, 5142, 5143, 5145, 5146, 5206, 5207, 5301, 5352, 5555, 5613, 5681, 5691, 6001, 6011, 6061, 6065, 6071, 6091, 6109, 6151, 6311, 6314, 6402, 6511, 6601, 6621, 6651, 6657, 7011, 7805.

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PART 194—[REDESIGNATED AS PART 31]

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20. Transfer 27 CFR part 194 from chapter I, subchapter M, to chapter I, subchapter A, and redesignate as 27 CFR part 31.

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PART 31—LIQUOR DEALERS

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21. The authority citation for the newly redesignated 27 CFR part 31 reads as follows:

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Authority: 26 U.S.C. 5001, 5002, 5111-5114, 5116, 5117, 5121-5124, 5142, 5143, 5145, 5146, 5206, 5207, 5301, 5352, 5555, 5613, 5681, 5691, 6001, 6011, 6061, 6065, 6071, 6091, 6109, 6151, 6311, 6314, 6402, 6511, 6601, 6621, 6651, 6657, 7011, 7805.

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PART 31-ALCOHOL BEVERAGE DEALERS

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22. Revise the title of the newly designated part 31 to read as set forth above.

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23. Amend § 31.1 by removing the words “ATF officers” and adding, in their place, the words “TTB officers'.

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24. Amend § 31.11 as follows:

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a. Add, in appropriate alphabetical order, a definition of “Administrator”.

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b. Remove the definition of “ATF officer” and add, in its place, a definition of “Appropriate TTB officer”.

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c. Remove the definition of “Director”.

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d. In the definition of “Liquor bottle”, remove the word “Director” and add, in its place, the word “Administrator”.

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e. Remove the definition of “Regional director (compliance)”.

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The additions read as follows:

Administrator. The Administrator, Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury, Washington, DC.

Appropriate TTB officer. An officer or employee of the Alcohol and Tobacco Tax and Trade Bureau (TTB) authorized to perform any functions relating to the administration or enforcement of this part.

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25. Amend § 31.41 as follows:

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a. In paragraph (a) remove word “Director” and add, in its place, the words “appropriate TTB officer”.

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b. Revise paragraph (b) to read as follows:

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26. Amend the sections listed above as follows:

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27. Amend § 31.182 as follows:

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a. In paragraph (a), remove the words “regional director (compliance)”, and add, in their place, the words “appropriate TTB officer”.

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b. In the second sentence of paragraph (b), remove the words “regional director (compliance) of the region in which the plant is located” and add, in their place, the words “appropriate TTB officer”.

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c. In the fourth sentence of paragraph (b), remove the words “regional director (compliance)” and add, in their place, the words “appropriate TTB officer”.

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28. Amend § 31.183 as follows:

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a. In the first sentence of paragraph (a), remove the words “regional director (compliance)” and add, in their place, the words “appropriate TTB officer”.

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b. In the second sentence of paragraph (b), remove the words “regional director (compliance) of the region in which the bonded wine cellar is located” and add, in their place, the words “appropriate TTB officer”.

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c. In the fourth sentence of paragraph (b), remove the words “regional director (compliance)” and add, in their place, the words “appropriate TTB officer”.

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29. Amend § 31.183a as follows:

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a. In the first sentence of paragraph (a), remove the reference to “§ 194.103(b)” and add, in its place, “§ 31.103(b)”.

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b. In the first sentence of paragraph (a), remove the words “regional director (compliance)” and add, in their place, the words “appropriate TTB officer”.

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c. In the second sentence of paragraph (b), remove the words “regional director (compliance) of the region in which the taxpaid wine bottling house is located” and add, in their place, the words “appropriate TTB officer”.

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d. In the fourth sentence of paragraph (b), remove the words “(regional director (compliance)” and add, in their place, the words “appropriate TTB officer”.

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30. Amend § 31.184 as follows:

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a. In the first sentence of paragraph (a), remove the words “regional director (compliance)” and add, in their place, the words “appropriate TTB officer”.

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b. In the second sentence of paragraph (b), remove the words “regional director (compliance) of the region in which the brewery is located” and add, in their place, the words “appropriate TTB officer”.

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c. In the fourth sentence of paragraph (b), remove the words “regional director (compliance)” and add, in their place, the words “appropriate TTB officer.”

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31. Amend the sections listed above as follows:

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32. Amend § 31.201 as follows:

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a. In the second sentence, remove the words “regional director (compliance) serving the region in which the special tax was paid or assessed” and add, in their place, the words “appropriate TTB officer”.

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b. In the third sentence, remove the words “Bureau of Alcohol, Tobacco and Firearms” and add, in their place, the words “Alcohol and Tobacco Tax and Trade Bureau”.

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c. In the fourth sentence, remove the words “Bureau of Alcohol, Tobacco and Firearms” and add, in their place, the words “Alcohol and Tobacco Tax and Trade Bureau”.

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33. Amend the sections listed above as follows:

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34. Amend § 31.229 as follows:

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a. In the first sentence of paragraph (a), remove the word “Director” and add, in its place, the words “appropriate TTB officer”.

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b. In the second sentence of paragraph (a), remove the words “, in triplicate, to the regional director (compliance)” and add, in their place, the words “to the appropriate TTB officer”.

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c. In the fourth sentence of paragraph (a), remove the words “regional director (compliance)” and add, in their place, the words “appropriate TTB officer”.

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d. Remove the fifth sentence of paragraph (a).

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e. In the sixth sentence of paragraph (a), remove the word “Director” and add, in its place, the words “appropriate TTB officer.”

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35. Amend the sections listed above as follows:

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