[Federal Register: January 31, 2003 (Volume 68, Number 21)]
[Rules and Regulations]
[Page 4923-4929]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja03-16]
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DEPARTMENT OF JUSTICE
28 CFR Parts 0, 9, 11, 16, 71, 77
[AG Order No. 2650-2003]
Organization of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: The Homeland Security Act of 2002 transferred certain law
enforcement and regulatory functions of the Bureau of Alcohol, Tobacco
and Firearms from the Department of the Treasury to the Department of
Justice and changed its name to the Bureau of Alcohol, Tobacco,
Firearms, and Explosives. This rule delegates specific authorities to
that Bureau and
[[Page 4924]]
incorporates it into the structure of the Department of Justice.
EFFECTIVE DATE: January 24, 2003.
FOR FURTHER INFORMATION CONTACT: Stuart Frisch, General Counsel,
Justice Management Division, Rm. 520, National Place Building, United
States Department of Justice, Washington, DC 20530; Telephone (202)
514-3452; FAX: (202) 514-4317.
SUPPLEMENTARY INFORMATION:
Introduction
The Homeland Security Act of 2002, Pub. L. 107-296, title XI, 116
Stat. 2135 (Nov. 25, 2002) (``Act''), transferred certain law
enforcement and regulatory authorities, functions, personnel, and
assets of the former Bureau of Alcohol, Tobacco and Firearms of the
Department of the Treasury to the Department of Justice as the Bureau
of Alcohol, Tobacco, Firearms, and Explosives. The Act also created new
authorities, particularly in the area of regulation of explosives.
The Attorney General (with minimal exceptions not relevant here) is
vested with the responsibility for the management of all functions of
the Department of Justice and may delegate those functions to officials
of the Department as he deems appropriate. 28 U.S.C. 509, 510. In
implementing his statutory responsibilities for the Act and the
administration of the Department, the Attorney General is issuing these
regulations for the internal management of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
This final rule creates a new subpart of title 28, Code of Federal
Regulations (CFR), part 0, regarding the establishment, functions, and
management of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This rule also makes minor technical amendments to other Department
regulations relating to authority for processing petitions for
remission or mitigation of forfeitures, compromise of claims,
maintenance of reading rooms, program fraud civil remedies, and ethical
standards. These changes align the Bureau of Alcohol, Tobacco,
Firearms, and Explosives with other law enforcement components within
the Department of Justice.
Transfer Authority in the Homeland Security Act of 2002
On November 25, 2002, the President signed into law the Homeland
Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135 (2002).
Section 1111 of the Act establishes in the Department the ``Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' and generally transfers
most of the non-tax authorities, functions, personnel and assets of the
Bureau of Alcohol, Tobacco and Firearms of the Department of the
Treasury to the Department of Justice. This transfer is effective on
January 24, 2003.
Under the Homeland Security Act of 2002, the Department of the
Treasury retains authority over certain tax provisions relating to
alcohol, tobacco and firearms, as well as the Federal Alcohol
Administration Act. Those functions will be handled by the new Tax and
Trade Bureau in the Department of the Treasury.
A. Part 0--Organization of the Department of Justice
The amendment to 28 CFR 0.1 adds the Bureau of Alcohol, Tobacco,
Firearms, and Explosives to the list of bureaus within the Department
of Justice.
This rule redesignates subpart W as subpart W-1, and creates a new
subpart W for the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
consistent with the subparts that delegate authority to other bureaus
of the Department.
New 28 CFR 0.130 delegates to the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives (``Director''), subject to
the direction of the Attorney General and Deputy Attorney General,
responsibilities with respect to the investigation and enforcement of
federal firearms, explosives, and arson laws, as well as the provisions
of title 18, United States Code, with respect to violations involving
alcohol and tobacco. Paragraphs (a) through (c) reflect the authorities
that were previously exercised by the Bureau of Alcohol, Tobacco and
Firearms within the Department of the Treasury and which were
transferred in the Homeland Security Act of 2002, plus new authority
enacted in the Safe Explosives Act, title XI, subtitle C, of the
Homeland Security Act of 2002. Paragraph (d) reflects the management of
new authority which may be delegated by the Attorney General in the
future as authorized by section 1111(b)(3) of the Homeland Security Act
of 2002.
Section 0.131 delegates to the Director specific functions
previously performed by the Bureau of Alcohol, Tobacco and Firearms,
including the operation of laboratories, the National Explosives
Licensing Center, the National Firearms Licensing Center, the National
Firearms Registration and Transfer Record, the Arson and Explosives
National Repository, the National Tracing Center, and a new Explosives
Training and Research Facility, as well as specific functions performed
by law enforcement bureaus of the Department of Justice.
Section 0.132 delegates to the Director authority to settle certain
claims against the Bureau of Alcohol, Tobacco, Firearms, and Explosives
and its personnel within certain applicable monetary limits.
Section 0.133 of this rule provides administrative continuity in
the transfer of functions from the Department of the Treasury to the
Department of Justice by adopting and carrying forward certain extant
regulations specifically relating to the authorities transfered to the
Department of Justice. In a separate rule, these regulations are being
recodified in a new chapter II of 27 CFR.
There are other regulations issued by the Department of the
Treasury, or the former Bureau of Alcohol, Tobacco and Firearms, that
apply to both the authorities that were transferred to the Department
of Justice and the authorities that were retained in the Department of
the Treasury pursuant to the Homeland Security Act. For example, the
regulations in 27 CFR part 70 contain general rules on procedure and
administration. Many of these rules apply only to taxes collected by
the Department of the Treasury. However, some of these rules also apply
to administration of the National Firearms Act, which will be enforced
by the Department of Justice. Paragraph (a)(2) continues the
application of these regulations to the operations of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives until amended, or otherwise
revised.
Accordingly, this section provides that, pending the issuance of
new regulations or other changes in authority, all other regulations
issued by the Department of the Treasury or the Bureau of Alcohol,
Tobacco and Firearms prior to January 24, 2003, shall continue to apply
to the operations of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, to the extent that such regulations apply to the
authorities or functions transferred to the Department of Justice
pursuant to the Homeland Security Act of 2002 or the regulations in
this part, unless the application of such regulations would be
inconsistent with statutes or regulations applicable to the Department
of Justice.
Similarly, paragraph (a)(3) continues the orders and other legal
authorities related to the former Bureau of Alcohol, Tobacco and
Firearms. Paragraph (a)(4) alters the effect of the reference to
appropriate entities and officials of the Department of the Treasury
before the transfer to refer to the corresponding
[[Page 4925]]
entities and officials of the Department of Justice after the transfer.
Finally, paragraph (b) makes four exceptions for specific matters
relating to forfeitures. In the future, when it is clear that pending
proceedings no longer depend on such pre-existing authority, the
Department will make the necessary adjustments to change the
nomenclature in the regulations transferred to chapter II, title 27,
and to eliminate obsolete regulations.
B. Conforming Authorities in Other Parts of 28 CFR
Additionally, a number of conforming changes are required in other
parts in 28 CFR to incorporate the Bureau of Alcohol, Tobacco,
Firearms, and Explosives into the Department of Justice. These changes
affect only the internal administration of the Department.
Amendments to part 9 apply the procedures used by the Department of
Justice for remission and mitigation of forfeiture to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives. 27 CFR part 72 will not be
applicable to the Bureau of Alcohol, Tobacco, Firearms, and Explosives
after transfer to the Department of Justice.
Similarly, under the Department of Justice authority in amendments
to part 11, the Director is delegated authority to compromise claims
under the Debt Collection Act, 31 U.S.C. 3711. This replaces authority
previously exercised within the Department of the Treasury under 31 CFR
part 5.
Amendments to part 16 establish the various Freedom of Information
Act functions, 5 U.S.C. 552, within the Department for the Bureau of
Alcohol, Tobacco, Firearms, and Explosives. These provisions replace
Department of the Treasury regulations. 31 CFR part 1.
The Chief Counsel of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives is designated as the reviewing official under the Program
Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq. Finally, in 28
CFR part 77 attorneys in the office of the Chief Counsel of the Bureau
of Alcohol, Tobacco, Firearms, and Explosives are brought under the
ethical standards applicable to Department of Justice attorneys under
28 U.S.C. 530B.
Finally, the Department notes that all Department of Justice
regulations and policy applicable to its Bureaus and employees, such as
the policy statements of 28 CFR part 50, automatically become
applicable to the Bureau of Alcohol, Tobacco, Firearms, and Explosives
through this transfer of functions under the Act.
Administrative Procedure Act
This rule relates to matters of agency management and personnel
and, therefore, is exempt from the usual requirements of prior notice
and comment and a 30-day delay in effective date. See 5 U.S.C.
553(a)(2) and (d). The rule only continues extant provisions of the
regulations of the former Bureau of Alcohol, Tobacco and Firearms and
makes appropriate changes to reflect the transfer certain law
enforcement functions of the former Bureau of Alcohol, Tobacco and
Firearms to the Department of Justice.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it,
certifies that it will not have a significant economic impact on a
substantial number of small entities because it pertains to personnel
and administrative matters affecting the Department. Further, a
Regulatory Flexibility Analysis is not required for this final rule
because the Department was not required to publish a general notice of
proposed rulemaking for this matter.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, section 1(b),
Principles of Regulation. This rule is limited to agency organization,
management and personnel matters as described by Executive Order 12866,
Sec. 3(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as
defined by that Executive Order.
Executive Order 12988
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
13132, Federalism, the Department has determined that this rule does
not have sufficient federalism implications to warrant the preparation
of a federalism summary impact statement.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995, 2
U.S.C. 1501 et seq.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 804. This rule will not result in an annual effect on the
economy of $100 million or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets.
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of non-agency parties. Accordingly, it is not a rule for
purposes of the reporting requirement of 5 U.S.C. 801.
List of Subjects 28 CFR Part 0
Authority delegations (government agencies), Government employees,
Organization and functions (government agencies), Whistleblowing.
28 CFR Part 9
Administrative practice and procedure, Crime, Seizures and
forfeitures.
28 CFR Part 11
Claims, Government contracts, Government employees, Income taxes,
Lawyers, Wages.
28 CFR Part 16
Administrative practice and procedure, Courts, Freedom of
information, Privacy, Sunshine Act.
28 CFR Part 71
Administrative practice and procedure, Claims, Fraud, Penalties.
28 CFR Part 77
Government employees, Investigations, Law enforcement, Lawyers.
Accordingly, chapter I of title 28 of the Code of Federal
Regulations is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
1. The authority citation for part 0 continues to read as follows:
[[Page 4926]]
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
Sec. 0.1 [Amended]
2. In Sec. 0.1, under the subheading ``Bureaus'', the words
``Bureau of Alcohol, Tobacco, Firearms, and Explosives.'' are added
following ``United States Marshals Service.''
Sec. 0.137 [Removed]
3. Section 0.137 is removed.
Subpart W--[Redesignated as Subpart W-1]
4. Subpart W (Sec. Sec. 0.130 through 0.132) is redesignated as
subpart W-1.
Sec. Sec. 0.130-0.132 [Redesignated]
5. Sections 0.130 through 0.132 are redesignated as sections 0.135
through 0.137, respectively.
Sec. Sec. 0.130-0.133 [Added]
6. Subpart W, and Sec. Sec. 0.130 through 0.133 are added to read
as follows:
Subpart W--Bureau of Alcohol, Tobacco, Firearms, and Explosives
Sec.
0.130 General functions.
0.131 Specific functions.
0.132 Delegation respecting claims against the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
0.133 Transition and continuity of regulations.
Subpart W--Bureau of Alcohol, Tobacco, Firearms, and Explosives
Sec. 0.130 General functions.
Subject to the direction of the Attorney General and the Deputy
Attorney General, the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives shall:
(a) Investigate, administer, and enforce the laws related to
alcohol, tobacco, firearms, explosives, and arson, and perform other
duties as assigned by the Attorney General, including exercising the
functions and powers of the Attorney General under the following
provisions of law:
(1) 18 U.S.C. chapters 40 (related to explosives), 44 (related to
firearms), 59 (related to liquor trafficking), and 114 (related to
trafficking in contraband cigarettes);
(2) Chapter 53 of the Internal Revenue Code of 1986, 26 U.S.C.
chapter 53 (related to certain firearms and destructive devices);
(3) Chapters 61 through 80, inclusive, of the Internal Revenue Code
of 1986, 26 U.S.C. chapters 61--80, insofar as they relate to
activities administered and enforced with respect to chapter 53 of the
Internal Revenue Code of 1986, 26 U.S.C. chapter 53;
(4) 18 U.S.C. 1952 and 3667, insofar as they relate to liquor
trafficking;
(5) 49 U.S.C. 80303 and 80304, insofar as they relate to contraband
described in section 80302(a)(2) or 80302(a)(5); and
(6) 18 U.S.C. 1956 and 1957, insofar as they involve violations of:
(i) 18 U.S.C. 844(f) or (i) (relating to explosives or arson),
(ii) 18 U.S.C. 922(l) (relating to the illegal importation of
firearms),
(iii) 18 U.S.C. 924(n) (relating to illegal firearms trafficking),
(iv) 18 U.S.C. 1952 (relating to traveling in interstate commerce
in aid of racketeering enterprises insofar as they concern liquor on
which Federal excise tax has not been paid);
(v) 18 U.S.C. 2341--2346 (trafficking in contraband cigarettes);
(vi) Section 38 of the Arms Export Control Act, as added by Public
Law 94-329, section 212(a)(1), as amended, 22 U.S.C. 2778 (relating to
the importation of items on the U.S. Munitious Import List), except
violations relating to exportation, in transit, temporary import, or
temporary export transactions;
(vii) 18 U.S.C. 1961 insofar as the offense is an act or threat
involving arson that is chargeable under State law and punishable by
imprisonment for more than one year; and
(viii) Any offense relating to the primary jurisdiction of Bureau
of Alcohol, Tobacco, Firearms, and Explosives that the United States
would be obligated by a multilateral treaty either to extradite the
alleged offender or to submit the case for prosecution if the offender
were found within the territory of the United States;
(b) Investigate, seize, and forfeit property involved in a
violation or attempted violation within the investigative jurisdiction
set out in paragraph (a), under 18 U.S.C. 981 and 982;
(c) Subject to the limitations of 3 U.S.C. 301, exercise the
authorities of the Attorney General under section 38 of the Arms Export
Control Act, 22 U.S.C. 2778, relating to the importation of defense
articles and defense services, including those authorities set forth in
27 CFR part 47; and
(d) Perform any other function related to the investigation of
violent crime or domestic terrorism as may be delegated to the Bureau
of Alcohol, Tobacco, Firearms, and Explosives by the Attorney General.
Sec. 0.131 Specific functions.
The Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives shall:
(a) Operate laboratories in support of Bureau activities; provide,
with or without cost, technical and scientific assistance, including
expert testimony, to Federal, State, or local agencies; and make
available the services of the laboratories to foreign law enforcement
agencies and courts under procedures agreed upon by the Secretary of
State and the Attorney General;
(b) Operate the National Explosives Licensing Center to review
applications for explosives licenses and permits; determine the
eligibility of applicants; issue licenses and permits on approved
explosives applications; coordinate with field offices the inspection
of applicants, licensees, and permittees; and maintain an explosives
license and permit database;
(c) Operate the National Firearms Licensing Center to review
applications for firearms licenses; determine the eligibility of
applicants; issue licenses on approved firearms applications;
coordinate with field offices the inspection of applicants and
licensees; and maintain a firearms license database;
(d) Maintain and operate the National Firearms Registration and
Transfer Record (NFRTR), pursuant to section 5841 of the Internal
Revenue Code of 1986, 26 U.S.C. 5841, as a registry of all National
Firearms Act (NFA) firearms in the United States that are not in the
possession or under the control of the United States;
(e) Maintain and operate the Arson and Explosives National
Repository, a national repository of information on incidents involving
arson and the suspected criminal misuse of explosives, under 18 U.S.C.
846(b);
(f) Maintain and operate the National Tracing Center to process
requests from Federal, State, local, and foreign law enforcement
agencies for the tracing of crime guns; and collect and analyze trace
data, out-of-business records, reports of firearms stolen or lost from
the inventories of licensees or interstate shipments, and multiple
sales reports contained in the Firearms Tracing System (FTS), under 18
U.S.C. chapter 44;
(g) Establish, maintain and operate an Explosives Training and
Research Facility to train Federal, State, and local law enforcement
officers to investigate bombings and explosions, properly handle,
utilize, and dispose of explosives materials and devices, train canines
as explosives detection canines, and conduct research on explosives, as
authorized by section 1114 of the Homeland Security Act of 2002;
(h) Pay awards for information or assistance and pay for the
purchase of
[[Page 4927]]
evidence or information as authorized by 28 U.S.C. 524;
(i) Subject to applicable statutory restrictions on the disclosure
of records of information:
(1) Release information obtained by the Bureau and Bureau
investigative reports to Federal, State, and local officials engaged in
the enforcement of laws related to alcohol, tobacco, arson, firearms,
and explosives offenses;
(2) Release information obtained by Bureau and Bureau investigative
reports to Federal, State, and local prosecutors, and State licensing
boards, engaged in the institution and prosecution of cases before
courts and licensing boards related to alcohol, tobacco, arson,
firearms and explosives offenses;
(3) Authorize the testimony of Bureau officials in response to
subpoenas or demands issued by the prosecution in Federal, State, or
local criminal cases involving offenses under the jurisdiction of the
Bureau; and
(4) Except as provided in paragraph (i)(1) of this section,
authorize all other production of information or testimony of Bureau
officials in response to subpoenas or demands of courts or other
authorities as governed by subpart B of part 16 of this chapter.
Sec. 0.132 Delegation respecting claims against the Bureau of
Alcohol, Tobacco, Firearms, and Explosives.
(a) The Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives is authorized to exercise the power and authority vested in
the Attorney General under 28 U.S.C. 2672 to consider, ascertain,
adjust, determine, compromise and settle any claim thereunder not
exceeding $50,000 in any one case caused by the negligent or wrongful
act or omission of any employee of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
(b) The Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives is authorized to exercise the power and authority vested in
the Attorney General under 31 U.S.C. 3724, with regard to claims
arising out of the lawful activities of Bureau of Alcohol, Tobacco,
Firearms, and Explosives personnel in an amount not to exceed $50,000
in any one case.
(c) The Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives is authorized to redelegate the power and authority vested
in him in paragraph (b) of this section to the Chief Counsel of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Chief
Counsel's designee within the Office of Chief Counsel. This authority
shall not be further redelegated below the Associate Chief Counsel
level.
Sec. 0.133 Transition and continuity of regulations.
(a) Except as otherwise provided in this section, and to the extent
applicable to the functions transferred to the Department of Justice by
the Homeland Security Act of 2002:
(1) The regulations contained in 27 CFR part 46, subpart F
(Distribution of Cigarettes), part 47 (Importation of Arms, Ammunition
and Implements of War), part 55 (Commerce in Explosives), part 178
(Commerce in Firearms and Ammunition), and part 179 (Machine Guns,
Destructive Devices, and Certain Other Firearms) as in effect on
January 23, 2003 (see 27 CFR chapter I, revised as of July 1, 2002),
shall continue in effect with respect to the operations of the Bureau
of Alcohol, Tobacco, Firearms, and Explosives according to their terms
until amended, modified, superseded, terminated, set aside, or revoked
in accordance with law.
(2) The regulations promulgated by the Department of the Treasury
relating to the Bureau of Alcohol, Tobacco and Firearms, or by the
Bureau of Alcohol, Tobacco and Firearms of the Department of the
Treasury, in effect as of January 23, 2003, shall continue to apply to
the operations of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives until amended, modified, superseded, terminated, set aside,
or revoked in accordance with law, unless the application of such
regulations would be inconsistent with statutes or regulations
applicable to the Department of Justice.
(3) All orders, delegations, determinations, rules, personnel
actions, permits, agreements, grants, contracts, certificates,
licenses, registrations, and privileges of the Bureau of Alcohol,
Tobacco and Firearms completed or in effect as of January 23, 2003, and
all matters and proceedings pending therein on January 23, 2003, shall
continue in effect according to their terms, to the extent that they
relate to the authorities or functions transferred to the Department of
Justice pursuant to the Homeland Security Act of 2002, until amended,
modified, superseded, terminated, set aside, or revoked in accordance
with law, unless such application would be inconsistent with statutes
or regulations applicable to the Department of Justice.
(4) References in such regulations, orders, delegations,
determinations, rules, personnel actions, permits, agreements, grants,
contracts, certificates, licenses, registrations, and privileges to the
Secretary of Treasury, the Department of Treasury, the Director of the
Bureau of Alcohol, Tobacco and Firearms, or the Bureau of Alcohol,
Tobacco and Firearms or its officers, employees, agents or
organizational units or functions shall be deemed to refer, as
appropriate, on and after January 24, 2003, to the Attorney General,
the Department of Justice, the Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, the Bureau of Alcohol, Tobacco,
Firearms, and Explosives or to its officers, employees, or agents or
its corresponding organizational units or functions, respectively.
(b) Exceptions. Notwithstanding the provisions of paragraph (a) of
this section, 27 CFR part 72, and 27 CFR 46.155, 178.152 and 179.182 as
in effect on January 23, 2003, shall not be deemed applicable to the
Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sec. 0.138 [Amended]
7. In Sec. 0.138, in the section heading, ``Bureau of Alcohol,
Tobacco, Firearms, and Explosives,'' is added following the words
``Drug Enforcement Administration,'' and in paragraph (a), the words
``the Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives,'' are added following ``the Administrator of the Drug
Enforcement Administration,''.
Sec. 0.140 [Amended]
8. In Sec. 0.140, the words ``the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following the
words ``the Administrator of the Drug Enforcement Administration,''.
Sec. 0.141 [Amended]
9. In Sec. 0.141, the words ``the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following ``the
Administrator of the Drug Enforcement Administration,''.
Sec. 0.142 [Amended]
10. In Sec. 0.142 introductory text, the words ``Director of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives,'' are added
following the words ``Administrator of the Drug Enforcement
Administration,''.
11. In paragraph (g) of Sec. 0.142, the words ``the Director of
the Bureau of Alcohol, Tobacco, Firearms, and Explosives,'' are added
following the words ``the Director of the Federal Bureau of
Investigation''.
Sec. 0.143 [Amended]
12. In Sec. 0.143, the words ``the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following the
words ``the Administrator
[[Page 4928]]
of the Drug Enforcement Administration,''.
Sec. 0.144 [Amended]
13. In Sec. 0.144, the words ``Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives,'' are added following the words
``Administrator of the Drug Enforcement Administration,''.
Sec. 0.145 [Amended]
14. In Sec. 0.145, the words ``the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following the
words ``the Administrator of the Drug Enforcement Administration,''.
Sec. 0.146 [Amended]
15. In Sec. 0.146, the words ``the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following the
words ``the Administrator of the Drug Enforcement Administration,''.
Sec. 0.147 [Amended]
16. In Sec. 0.147, the words ``for the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, the Assistant Director, Management;'' are
added following the words ``Drug Enforcement Administration, the
Director of the Office of Administration and Management;''.
Sec. 0.148 [Amended]
17. In Sec. 0.148, the words ``the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following the
words ``the Administrator of the Drug Enforcement Administration,''.
Sec. 0.149 [Amended]
18. In Sec. 0.149:
a. Redesignate paragraphs (a) through (c) as paragraphs (a)(1)
through (a)(3);
b. Redesignate the introductory paragraph of the section as
paragraph (a) introductory text and add the words ``the Director of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives,'' following the
words ``the Administrator of the Drug Enforcement Administration,'';
and
c. Designate the undesignated paragraph at the end of the section
as paragraph (b).
Sec. 0.151 [Amended]
19. In Sec. 0.151, the words ``the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following the
words ``the Administrator of the Drug Enforcement Administration,''.
Sec. 0.152 [Amended]
20. In Sec. 0.152, the words ``, the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following the
words ``the Administrator of the Drug Enforcement Administration''.
Sec. 0.153 [Amended]
21. In Sec. 0.153, the words ``the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following the
words ``the Administrator of the Drug Enforcement Administration,''.
Sec. 0.154 [Amended]
22. In Sec. 0.154, the words ``the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following the
words ``the Administrator of the Drug Enforcement Administration,''.
Sec. 0.155 [Amended]
23. In Sec. 0.155, the words ``the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,'' are added following ``the
Administrator of the Drug Enforcement Administration,''.
PART 9--REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF CIVIL
AND CRIMINAL FORFEITURES
24. The authority citation for part 9 continues to read as follows:
Authority: 28 U.S.C. 509, 510, 515-518, 524; 8 U.S.C. 1324; 15
U.S.C. 1177; 17 U.S.C. 509; 18 U.S.C. 512, 981, 982, 1467, 1955,
1963, 2253, 2254, 2513; 19 U.S.C. 1613, 1618; 21 U.S.C. 853, 881; 22
U.S.C. 401.
Sec. 9.1 [Amended]
25. In Sec. 9.1, in paragraph (b)(1), the words ``within the
Bureau of Alcohol, Tobacco, Firearms, and Explosives, authority to
grant remission and mitigation is delegated to the Director of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives;'' are added
following the words ``within the Drug Enforcement Administration,
authority to grant remission and mitigation is delegated to the
Forfeiture Counsel, Office of Chief Counsel;''.
26. In Sec. 9.3, redesignate paragraph (e)(1)(iii) as paragraph
(e)(1)(iv), and add a new paragraph (e)(1)(iii) to read as follows:
Sec. 9.3 Petitions in administrative forfeiture cases.
* * * * *
(e) * * *
(1) * * *
(iii) Bureau of Alcohol, Tobacco, Firearms, and Explosives, Special
Agent in Charge, Asset Forfeiture and Seized Property Branch, 650
Massachusetts Avenue, NW., Washington, DC 20226.
* * * * *
Sec. 9.4 [Amended]
27. In Sec. 9.4, before the period at the end of paragraph (e),
add the words ``, and except in Bureau of Alcohol, Tobacco, Firearms,
and Explosives cases, where the copy shall be submitted to the Special
Agent in Charge, Asset Forfeiture and Seized Property Branch, Bureau of
Alcohol, Tobacco, Firearms, and Explosives, 650 Massachusetts Avenue,
NW., Washington, DC 20226''.
PART 11--DEBT COLLECTION
28. The authority citation for part 11 continues to read as
follows:
Authority: 5 U.S.C. 301, 28 U.S.C. 509, 510, 31 U.S.C. 3718,
3720A.
Sec. 11.6 [Amended]
29. In Sec. 11.6(b), the words ``the Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF),'' are added following the abbreviation
``(FBI),''.
PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION
30. The authority citation for part 16 continues to read as
follows:
Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 553; 18 U.S.C.
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717, 9701.
31. In Sec. 16.2, redesignate paragraphs (b)(11) and (b)(12) as
paragraphs (b)(12) and (b)(13), respectively, and add a new paragraph
(b)(11) to read as follows:
Sec. 16.2 Public reading rooms.
* * * * *
(11) Bureau of Alcohol, Tobacco, Firearms, and Explosives--650
Massachusetts Avenue, NW., Washington, DC;
* * * * *
Appendix I to Part 16 [Amended]
32. In Appendix I to part 16--Components of the Department of
Justice, Subpart C, add the words ``Bureau of Alcohol, Tobacco,
Firearms, and Explosives, U.S. Department of Justice, Washington, DC
20226'' following the item headed ``Tax Division'':
PART 71--IMPLEMENTATION FOR ACTIONS INITIATED BY THE DEPARTMENT OF
JUSTICE
33. The authority citation for part 71 continues to read as
follows:
[[Page 4929]]
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 31 U.S.C. 3801-
3812; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134,
110 Stat. 1321.
34. In Sec. 71.2, in the definition of ``Reviewing Official'',
redesignate paragraphs (e) and (f) as paragraphs (f) and (g),
respectively, and add a new paragraph (e) to read as follows:
Sec. 71.2 Definitions.
* * * * *
(e) For the Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF), the Chief Counsel, ATF;
* * * * *
PART 77--ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT
35. The authority citation for part 77 continues to read as
follows:
Authority: 28 U.S.C. 530B.
Sec. 77.2 [Amended]
36. In Sec. 77.2, in paragraph (a), add the words ``the Chief
Counsel for ATF and any attorney employed in that office;'' following
the words ``the Chief Counsel for the DEA and any attorney employed in
that office;''.
Dated: January 23, 2003.
John Ashcroft,
Attorney General.
[FR Doc. 03-1896 Filed 1-29-03; 8:45 am]
BILLING CODE 4410-19-P