Implementation of Public Law 105-33, Section 9302, Relating to Tobacco Importation Restrictions, Markings, Minimum Manufacturing Requirements, and Penalty Provisions (98R-369P)

[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Proposed Rules]
[Pages 71927-71928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32599]



Federal Register / Vol. 64, No. 245 / Wednesday, December 22, 1999 / 
Proposed Rules

[[Page 71927]]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 200, 270, 275 and 290

[Notice No. 887]
RIN 1512-AB99


Implementation of Public Law 105-33, Section 9302, Relating to 
Tobacco Importation Restrictions, Markings, Minimum Manufacturing 
Requirements, and Penalty Provisions (98R-369P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Notice of proposed rulemaking cross-referenced to temporary 
regulations.

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SUMMARY: In the Rules and Regulations portion of this Federal Register, 
the Bureau of Alcohol, Tobacco and Firearms (ATF) is issuing temporary 
regulations to implement several provisions of the Balanced Budget Act 
of 1997. The new law: Places restrictions on the importation of 
previously exported tobacco products, requires markings on tobacco 
products or cigarette papers and tubes removed or transferred without 
payment of the federal excise tax, provides penalties for selling, 
relanding, or receiving, within the jurisdiction of the United States, 
tobacco products or cigarette papers and tubes which have been labeled 
and shipped for exportation and were removed after the effective date, 
and authorizes the Secretary to prescribe minimum capacity or activity 
requirements as a criterion for issuance of a manufacturer's permit. 
These new provisions of law are effective January 1, 2000.
    Clarifying changes are also made to the tobacco regulations. In 
this notice of proposed rulemaking, ATF invites comments on the 
temporary rule.

DATES: Written comments must be received by February 22, 2000.

ADDRESSES: Send written comments to: Chief, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, PO Box 50221, Washington, DC 
20091-0221; Notice No. 887. Refer to the Public Participation section 
of this notice for alternative means of commenting.

FOR FURTHER INFORMATION CONTACT: Ms. Teri Byers or Mr. Daniel Hiland, 
Regulations Division, 650 Massachusetts Avenue, NW, Washington, DC 
20226; Telephone (202) 927-8210, or alcohol/
tobacco@atfhq.atf.treas.gov.

SUPPLEMENTARY INFORMATION:

1. Temporary Regulations

    The temporary regulations in this issue of the Federal Register 
amend the regulations in 27 CFR Parts 200, 270, 275 and 290. For the 
text of the temporary regulations see T.D. ATF-421, published in the 
Rules and Regulations section of this issue of the Federal Register.

2. Public Participation

Who May Comment on This Notice?

    ATF requests comments on the temporary regulations from all 
interested persons. All comments received on or before the closing date 
will be carefully considered. Comments received after that date will be 
given the same consideration if it is practical to do so, but assurance 
of consideration cannot be given except as to comments received on or 
before the closing date. ATF specifically requests comments on the 
clarity of the proposed rule and how it may be made easier to 
understand.

Will ATF Keep My Comments Confidential?

    ATF will not recognize any material in comments as confidential. 
Comments may be disclosed to the public. Any material that a respondent 
considers to be confidential or inappropriate for disclosure to the 
public should not be included in the comment. The name of any person 
submitting a comment is not exempt from disclosure.

How Do I Send Facsimile Comments?

    Comments may be submitted by facsimile transmission to (202) 927-
8525. Facsimile comments must:

•  Be legible
•  Be 8\1/2\'' x 11'' in size
•  Contain a legible written signature
•  Be not more than three pages.

    We will not acknowledge receipt of FAX transmissions. We will treat 
facsimile transmissions as originals.

How Do I Send Electronic Mail (e-mail) Comments?

    You may submit comments by e-mail by sending the comments to 
nprm.notice__@atfhq.atf.treas.gov. You must follow these instructions. 
E-mail comments must:

•  Contain your name, mailing address, and e-mail address
•  Reference this notice number
•  Be legible when printed on not more than three pages 8\1/2\'' 
x  11'' in size.

    We will not acknowledge receipt of e-mail. We will treat e-mail as 
originals.

How Do I Send Comments to the ATF Internet Web Site?

    Comments may be submitted electronically using ATF's web site. You 
may comment on this proposed notice by using the form provided through 
ATF's web site. You can reach this notice and comment form through the 
address http://www.atf.treas.gov/core/tobacco/rules/rules.htm.

Can I Request a Public Hearing?

    If you desire the opportunity to comment orally at a public hearing 
on this proposed regulation, you must submit a request in writing to 
the Director within the 60-day comment period. The Director reserves 
the right, in light of all circumstances, to determine if a public 
hearing is necessary.

3. Regulatory Analyses and Notices

Is This a Significant Regulatory Action as Defined by Executive Order 
12866?

    It has been determined that this proposed regulation is not a 
significant regulatory action as defined by Executive Order 12866. 
Accordingly, this proposal is not subject to the analysis required by 
this Executive Order.

How Does the Regulatory Flexibility Act Apply to This Proposed Rule?

    These proposed regulations will not have a significant economic 
impact on a substantial number of small entities. Accordingly, a 
regulatory flexibility analysis is not required. The revenue effects of 
this rulemaking on small businesses flow directly from the underlying 
statute. Likewise, any secondary or incidental effects, and any 
reporting, recordkeeping, or other compliance burdens flow directly 
from the statute. Pursuant to 26 U.S.C. 7805(f), this proposed 
regulation will be submitted to the Chief Counsel for Advocacy of the 
Small Business Administration for comment on its impact on small 
business.

Does the Paperwork Reduction Act Apply to This Proposed Rule?

    The collection of information contained in this notice of proposed 
rulemaking has been submitted to the Office of Management and Budget 
for review in accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)). Comments on the collection(s) of information should be 
sent to the Office of Management and Budget, Attention: Desk Officer 
for the Department of the Treasury, Bureau of Alcohol, Tobacco and 
Firearms (ATF), Office of Information and Regulatory

[[Page 71928]]

Affairs, Washington, DC, 20503, with copies to the Chief, Document 
Services Branch, Room 3450, Bureau of Alcohol, Tobacco and Firearms, 
650 Massachusetts Avenue, NW, Washington, DC 20226. Comments are 
specifically requested concerning:
    •  Whether the proposed collection of information is 
necessary for the proper performance of the functions of the Bureau of 
Alcohol, Tobacco and Firearms, including whether the information will 
have practical utility;
    •  The accuracy of the estimated burden associated with the 
proposed collection of information;
    •  How the quality, utility, and clarity of the information 
to be collected may be enhanced; and
    •  How the burden of complying with the proposed collection 
of information may be minimized, including through the application of 
automated collection techniques or other forms of information 
technology.
    The collection of information in this proposed regulation is in 27 
CFR 270.183 (control number 1512-0358) and 27 CFR 290.142 (control 
number 1512-0367). The collection of this information is required to 
verify that all tobacco products can be accounted for, thus ensuring 
that the tax revenue is protected. Without these recordkeeping 
requirements, no recording of the data elements pertaining to these 
operations would be prescribed. No additional burden hours are 
required.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a valid 
control number assigned by the Office of Management and Budget.

4. Drafting Information

    This notice was written by Ms. Teri Byers and Mr. Daniel Hiland, 
Regulations Division, Bureau of Alcohol, Tobacco and Firearms. However, 
other personnel of ATF and the Treasury Department participated in 
developing the document.

    Signed: October 12, 1999.
John W. Magaw,
Director.
    Approved: November 17, 1999.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 99-32599 Filed 12-21-99; 8:45 am]
BILLING CODE 4810-31-U