[Federal Register: February 6, 2003 (Volume 68, Number 25)]
[Notices]
[Page 6253-6258]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe03-167]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
[TTB Notice No. 2; TTB O 1130.1]
Delegation Order--Delegation of the Administrator's Authorities
in 27 CFR
To: All Bureau Employees and All Interested Parties
1. Purpose. This order delegates certain authorities of the
Administrator, Alcohol and Tobacco Tax and Trade Bureau (TTB) to
subordinate TTB officers and prescribes the subordinate TTB officers
with whom persons file documents.
2. Background. a. On November 25, 2002, the President signed into
law the Homeland Security Act of 2002, Public Law 107-296, 116 Stat.
2135 (2002). The Homeland Security Act of 2002 divided the Bureau of
Alcohol, Tobacco and Firearms, Department of the Treasury, into two
separate agencies, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF) in the Department of Justice, and the Tax and Trade
Bureau (TTB) in the Department of the Treasury. This division of the
former agency and division of its responsibilities into two new
agencies took place 60 days after enactment of the Act on January 24,
2003.
b. The Homeland Security Act of 2002 provides that the newly
established Tax and Trade Bureau be headed by an Administrator. It also
provides that the authorities, functions, personnel and assets of the
Bureau of Alcohol, Tobacco and Firearms that are not transferred to the
Department of Justice shall be retained within the Department of the
Treasury and administered by the Tax and Trade Bureau.
c. Pursuant to the duties and powers established by the Homeland
Security Act of 2002, the Administrator of TTB is authorized to
administer and enforce Chapters 51 (relating to distilled spirits, wine
and beer) and 52 (relating to tobacco products and cigarette papers and
tubes) of title 26, U.S.C., the Internal Revenue Code of 1986, as
amended, sections 4181 and 4182 (relating to the excise tax on firearms
and ammunition) of the Internal Revenue Code of 1986, and title 27,
United States Code (relating to alcohol).
d. In addition, Treasury Order No. 120-1 (Revised) dated January
24, 2003 established the Tax and Trade Bureau within the Department of
the Treasury and designated it as the Alcohol and Tobacco Tax and Trade
Bureau (TTB). It directed that the head of TTB is the Administrator who
shall exercise the authorities, perform the functions, and carry out
the duties of the Secretary in the administration and enforcement of
the laws cited in paragraph 2 c above.
e. Treasury Order No. 120-1 also grants the Administrator of TTB
all authorities delegated to the Director of the Bureau of Alcohol,
Tobacco and Firearms in effect on January 23, 2003, that are related to
the administration and enforcement of the laws specified in paragraph 2
c. In addition, it grants the Administrator full authority, powers, and
duties to administer the affairs of and to perform the functions of
TTB, including, without limitation, all management and administrative
authorities and responsibilities similarly granted and assigned to
Bureau Heads or Heads of Bureaus in Treasury Orders and Treasury
Directives.
f. Treasury Order No. 120-1 provides that all regulations adopted
on or before January 23, 2003 for the administration and enforcement of
the laws cited in paragraph 2 c above shall continue in effect until
superseded or revised.
g. Through this delegation order the Administrator of TTB intends
to redelegate certain authorities of the Administrator in Title 27 of
the Code of Federal Regulations (CFR) to subordinate TTB officers.
3. Effective Date. This order is effective January 24, 2003.
4. Ratification. In addition to section 1512(a) of the Homeland
Security Act of 2002, this order affirms and ratifies any
[[Page 6254]]
action taken that is consistent with this order.
5. Delegations. a. Under the authority vested in the Administrator,
Alcohol and Tobacco Tax and Trade Bureau, by the Homeland Security Act
of 2002, Treasury Department Order No. 120-01 (Revised) dated January
24, 2003, and by 26 CFR 301.7701-9, this TTB order delegates certain
authorities prescribed in 27 CFR to subordinate TTB officers. Also,
this TTB order prescribes the subordinate officers with whom
applications, notices, and reports required by 27 CFR are filed.
b. Accordingly, the following delegations of authority issued by
the former Bureau of Alcohol, Tobacco and Firearms, Department of the
Treasury relative to authorities in 27 CFR are hereby adopted by the
Administrator, Alcohol and Tobacco Tax and Trade Bureau, Department of
the Treasury, subject to the amendments and exceptions listed in
Paragraph 6 of this order.
27 CFR Part 1
ATF Order 1130.6--Delegation of the Director's Authorities in 27 CFR
PART 1, Date of Order: 9/15/99 (64 FR 50135)
27 CFR Parts 4, 5, and 7
ATF Order 1130.2A--Delegation of the Director's Authorities in 27 CFR
Parts 4, 5, and 7, Labeling and Advertising of Wine, Distilled Spirits
and Malt Beverages, Date of Order: 2/22/00 (65 FR 12054)
27 CFR Parts 6, 8, 10, and 11
ATF Order 1130.7-- Delegation of the Director's Authorities in 27 CFR
Parts 6, 8, 10 and 11, Date of Order: 8/28/00 (65 FR 52159)
27 CFR Part 13
ATF Order 1130.21--Delegation of the Director's Authorities in 27 CFR
Part 13, Labeling Proceedings, Date of Order: 5/17/01 (66 FR 29884)
27 CFR Parts 17 and 18
ATF Order 1130.13--Delegation of the Director's Authorities in 27 CFR
Parts 17 and 18, Date of Order: 8/23/01 (66 FR 47933)
27 CFR Parts 20, 21, and 22
ATF Order 1130.9--Delegation of the Director's Authorities in 27 CFR
Parts 20, 21, and 22, Date of Order: 6/21/01 (66 FR 35511)
27 CFR Part 24
ATF Order 1130.5--Delegation of the Director's Authorities in 27 CFR
Part 24, Wine, Date of Order: 3/22/99 (64 FR 13846)
27 CFR Part 25
ATF Order 1130.10--Delegation of the Director's Authorities in 27 CFR
Part 25, Beer, Date of Order: 6/21/01 (66 FR 35509)
27 CFR Part 26
ATF Order 1130.29--Delegation of the Director's Authorities in 27 CFR
Part 26, Liquors and Articles from Puerto Rico and the Virgin Islands,
Date of Order: 7/18/02 (67 FR 49388)
27 CFR Part 29
ATF Order 1130.25--Delegation of the Director's Authorities in 27 CFR
Part 29, Stills and Miscellaneous Regulations, Date of Order: 2/6/02
(67 FR 7447)
27 CFR Part 30
ATF Order 1130.17--Delegation of the Director's Authorities in 27 CFR
Part 30, Gauging Manual, Date of Order: 5/25/01 (66 FR 30989)
27 CFR Part 44
ATF Order 1130.31--Delegation of the Director's Authorities in 27 CFR
Part 44, Exportation of Tobacco Products and Cigarette Papers and
Tubes, Without Payment of Tax, or With Drawback of Tax, Date of Order:
4/26/02 (67 FR 30994)
27 CFR Parts 45 and 46
ATF Order 1130.28--Delegation of the Director's Authorities in 27 CFR
Parts 45 and 46, Date of Order: 2/15/02 (67 FR 9043)
27 CFR Part 53
ATF Order 1130.18--Delegation of the Director's Authorities in 27 CFR
Part 53, Manufacturer's Excise Taxes--Firearms and Ammunition, Date of
Order: 7/18/01 (66 FR 39226)
27 CFR Part 70
ATF Order 1130.19--Delegation of the Director's Authorities in 27 CFR
Part 70, Procedure and Administration, Other Than Certain Offers in
Compromise, Date of Order: 2/1/02 (67 FR 7448)
ATF O 1100.63F--Delegation of Authority to Accept or Reject Offers in
Compromise, Date of Order: 3/8/94 (59 FR 11826)
27 CFR Part 251--[Recodified as 27 CFR Part 27]
ATF Order 1130.12--Delegation of the Director's Authorities in 27 CFR
Part 251, Importation of Distilled Spirits, Wines and Beer, Date of
Order: 3/5/02 (67 FR 11371)
27 CFR Part 252
ATF Order 1130.27--Delegation of the Director's Authorities in 27 CFR
Part 252, Exportation of Liquors, Date of Order: 3/29/02 (67 FR 18300)
27 CFR Parts 270, 275, and 296
Partially cancelled ATF Order 1130.15--Delegation of Certain of the
Director's Authorities in 27 CFR Parts 270, 275 and 296, Date of Order:
12/22/99 (64 FR 71850)
27 CFR Part 275
ATF Order 1130.16--Delegation of Certain of the Director's Authorities
in 27 CFR Part 275, Date of Order: 6/30/00 (65 FR 42764)
6. Amendments and Exceptions. Under the new organizational
structure established for the Alcohol and Tobacco Tax and Trade Bureau,
several offices and positions referenced in the above delegation orders
have been amended, revised or deleted. Listed below are amendments to
the above listed delegation orders which reflect the new organizational
structure of the TTB and changes in titles or offices.
------------------------------------------------------------------------
Any references in the above listed Are hereby replaced with the term--
orders to authorities granted to--
------------------------------------------------------------------------
Headquarters
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Director, Bureau of Alcohol, Administrator, Alcohol and Tobacco
Tobacco and Firearms. Tax and Trade Bureau.
Deputy Director.................... Deputy Administrator.
Assistant Director (Alcohol and For headquarters matters: Assistant
Tobacco). Administrator, Headquarters
Operations.
For field matters: Assistant
Administrator, Field Operations.
Deputy Assistant Director (Alcohol For headquarters matters: Assistant
and Tobacco). Administrator, Headquarters
Operations.
For field matters: Assistant
Administrator, Field Operations.
[[Page 6255]]
Assistant Director (Firearms, For headquarters matters: Assistant
Explosives and Arson). Administrator, Headquarters
Operations.
For field matters: Assistant
Administrator, Field Operations.
Associate Director (Compliance For headquarters matters: Assistant
Operations). Administrator, Headquarters
Operations.
For field matters: Assistant
Administrator, Field Operations.
Deputy Associate Director For headquarters matters: Assistant
(Compliance Operations). Administrator, Headquarters
Operations.
For field matters: Assistant
Administrator, Field Operations.
Deputy Assistant Director (Field Deputy Assistant Administrator,
Operations). Field Operations.
Division Chief in the Office of Division Chief in Headquarters
Alcohol and Tobacco, or Division Operations.
Chief (Alcohol and Tobacco).
Chief, Regulations Division........ Chief, Regulations and Procedures
Division.
Chief, Alcohol and Tobacco Programs Chief, Trade Investigations
Division. Division.
Chief, Diversion Branch............ Any Division Chief in Headquarters
or Field Operations.
Chief, Alcohol Import/Export Branch Chief, International Trade
Division.
Chief, Market Compliance Branch.... With respect to advertising:
Specialist, Advertising, Labeling
and Formulation Division.
With respect to interlocking
directorates: Chief, Trade
Investigations Division.
Specialist, Market Compliance Specialist, Advertising, Labeling
Branch. and Formulation Division.
Division Chief (Compliance)........ Division Chief in Headquarters
Operations.
Chief, Financial Management CFO/Assistant Administrator,
Division. Management.
Chief, Acquisition and Property Chief, Regulations and Procedures
Management Division. Division.
Chief, Document Services Branch.... Assistant Chief, Regulations and
Procedures Division (Knowledge
Management).
Chief, Revenue Programs Division... Chief, Regulations and Procedures
Division.
Chief, Revenue Division............ Unit Supervisor (FAET), National
Revenue Center.
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Alcohol Labeling and Formulation Division and Predecessors
------------------------------------------------------------------------
Chief, Alcohol Labeling and Chief, Advertising, Labeling and
Formulation Division (ALFD). Formulation Division.
Assistant to the Chief, Alcohol Assistant Chief, Advertising,
Labeling and Formulation Division Labeling and Formulation Division.
(ALFD).
Specialist, Alcohol Labeling and Specialist, Advertising, Labeling
Formulation Division (ALFD). and Formulation Division.
Alcohol Labeling Specialist........ Specialist, Advertising, Labeling
and Formulation Division.
Clerk, Alcohol Labeling and Clerk, Advertising, Labeling and
Formulation Division (ALFD). Formulation Division.
Chief, Product Compliance Branch... Assistant Chief, Advertising,
Labeling and Formulation Division.
Specialist, Product Compliance Specialist, Advertising, Labeling
Branch. and Formulation Division.
Chief, Formula and Processing Assistant Chief, Advertising,
Section. Labeling and Formulation Division.
Specialist, Formula and Processing Specialist, Advertising, Labeling
Section. and Formulation Division.
------------------------------------
Field Offices
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Division Director/Special Agent in Chief, Trade Investigations
Charge. Division or Chief, Tax Audit
Division.
Resident Agent in Charge/Group Supervisor, Trade Investigations
Supervisor. Group \1\ or Supervisor, Tax Audit
Group.\1\
Director, Industry Operations...... Chief, National Revenue Center.
Area Supervisor.................... Unit Supervisor, National Revenue
Center, or Supervisor, Trade
Investigations Group \1\ or
Supervisor, Tax Audit Group.\1\
Inspector.......................... Specialist, National Revenue Center
or Investigator \1\ or Auditor.\1\
Special Agent...................... Investigator \1\ or Auditor.\1\
Regional Director.................. Chief, National Revenue Center.
Regional Director (Compliance)..... Chief, National Revenue Center.
Audit Manager...................... Supervisor, Tax Audit Group.\1\
------------------------------------
National Revenue Center and Technical Services
------------------------------------------------------------------------
Chief, Revenue Section, NRC........ Chief, National Revenue Center.
Chief, Tax Processing Center....... Chief, National Revenue Center.
Chief, Technical Services.......... Section Chief, National Revenue
Center.
Technical Section Supervisor....... Unit Supervisor, National Revenue
Center.
Specialist......................... Specialist, National Revenue
Center.
------------------------------------
Laboratory
------------------------------------------------------------------------
Chief, Laboratory Services......... Chief, Alcohol and Tobacco
Laboratory.
Chemist, ATF Laboratory............ Chemist, Alcohol and Tobacco
Laboratory.
------------------------------------
Other Titles
------------------------------------------------------------------------
An ATF supervisor in the Office of Chief, Regulations and Procedures
Alcohol and Tobacco or Firearms, Division.
Explosives and Arson.
[[Page 6256]]
Clerk in the Office of Alcohol and Specialist, National Revenue
Tobacco. Center.
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\1\ Field officials are not able to receive materials by mail--all mail
should be sent to the National Revenue Center official until further
notice.
7. Redelegation. The authorities delegated in this order may not be
redelegated.
8. Questions. If you have a question about this order, contact the
Regulations and Procedures Division (202-927-8210).
Arthur J. Libertucci,
Administrator.
BILLING CODE 4810-31-P
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[FR Doc. 03-2933 Filed 2-5-03; 8:45 am]
BILLING CODE 4810-31-C