Implementation of Public Law 105-33, Section 9302, Requiring the Qualification of Tobacco Products Importers

[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Proposed Rules]
[Pages 71955-71956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32601]



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

[[Page 71955]]



DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 275

[Notice No. 888]

RIN 1512-AC07


Implementation of Public Law 105-33, Section 9302, Requiring the 
Qualification of Tobacco Products Importers

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 section 9302 of the Balanced Budget Act of 
1997. The new law requires importers of tobacco products to qualify for 
a permit to conduct such operations. These regulations also make 
clarifying changes to part 275. In this notice of proposed rulemaking, 
ATF invites comments on the temporary rule.

DATES: Written comments must be received on or before February 22, 
2000.

ADDRESSES: Send written comments to: Chief, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC 
20091-0221, Attention: Notice Number 888.

FOR FURTHER INFORMATION CONTACT: Clifford A. Mullen by writing to the 
Regulations Division, Bureau of Alcohol, Tobacco and Firearms, 650 
Massachusetts Avenue, NW, Washington, DC 20226, by telephone at 202-
927-8210, or by sending an e-mail to alctob@atfhq.atf.treas.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    It has been determined that this proposed rule is not a significant 
regulatory action as defined by Executive Order 12866. Therefore, a 
regulatory assessment is not required.

Regulatory Flexibility Act

    It is hereby certified that 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 economic impact of this rulemaking on small businesses 
flows 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.

Paperwork Reduction Act

    The collections of information contained in this notice of proposed 
rulemaking and the associated temporary rule have been submitted to the 
Office of Management and Budget (OMB) for review in accordance with the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)). Comments on the 
collections 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, Office of Information and 
Regulatory Affairs, Washington, DC, 20503, with copies to the Bureau of 
Alcohol, Tobacco and Firearms at the address previously specified. 
Because OMB must complete its review of the collections of information 
between 30 and 60 days after publication, comments on the information 
collection should be submitted not later than January 21, 2000. 
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 collections of information (see below);
    •  How to enhance the quality, utility and clarity of the 
information to be collected;
    •  How to minimize the burden of complying with the proposed 
collections of information, including the application of automated 
collection techniques or other forms of information technology; and
    •  Estimates of the capital or start-up costs and costs of 
operation, maintenance, and purchase of services to provide 
information.
    The information collection initiated by this document is in 27 CFR 
275.204 and 275.205. The Bureau of Alcohol, Tobacco and Firearms will 
use this information to protect the revenue. The collection of 
information is mandatory. The likely recordkeepers are businesses and 
small businesses. The recordkeeping requirement has been submitted to 
OMB for review and has been granted a temporary emergency approval by 
OMB under control number 1512-0555. ATF believes the recordkeeping 
represents usual and customary business records, so we estimate the 
total annual burden for the 1500 tobacco products importers as 1 hour.
    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 OMB.

Public Participation

    ATF requests comments on the temporary regulations from all 
interested persons. 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 practicable to do so, but 
assurance of consideration cannot be given except as to comments 
received on or before the closing date.
    Comments may be submitted by facsimile transmission (FAX) to (202) 
927-8602, provided the comments: (1) Are legible; (2) are 8\1/2\'' x 
11'' in size; (3) contain a written signature; and (4) are three pages 
or less in length. This limitation is necessary to assure reasonable 
access to the equipment. Comments sent by FAX in excess of three pages 
will not be accepted. Receipt of FAX transmittals will not be 
acknowledged. Facsimile transmitted comments will be treated as 
originals.

[[Page 71956]]

    ATF will not recognize any material in comments as confidential. 
Comments may be disclosed to the public. Any material which the 
commenter considers to be confidential or inappropriate for disclosure 
to the public should not be included in the comment. The name of the 
person submitting the comment is not exempt from disclosure. During the 
comment period, any person may request an opportunity to present oral 
testimony at a public hearing. However, the Director reserves the 
right, in light of all circumstances, to determine if a public hearing 
is necessary.
    The temporary regulations in this issue of the Federal Register 
amend the regulations in 27 CFR part 275. For the text of the temporary 
regulations see T.D. ATF-422, published in the Rules and Regulations 
section of this issue of the Federal Register.

Drafting Information

    The principal author of this document is Clifford A. Mullen, 
Regulations Division, Bureau of Alcohol, Tobacco and Firearms. However, 
other personnel of ATF and the Treasury Department participated in 
developing the document.

    Signed: November 18, 1999.
John W. Magaw,
Director.
    Approved: December 7, 1999.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary (Regulatory, Tariff and Trade 
Enforcement).
[FR Doc. 99-32601 Filed 12-21-99; 8:45 am]
BILLING CODE 4810-31-P