Implementation of Public Law 105-34, Sections 908, 910 and 1415, Related to Hard Cider, Semi-Generic Wine Designations, and Wholesale Liquor Dealers' Signs (97-2523)

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 4, 19, 24, 194, 250 and 251

(Notice No. 859)

RIN 1512-AB71

Implementation of Public Law 105-34, Sections 908, 910 and 1415,

Related to Hard Cider, Semi-Generic Wine Designations, and Wholesale

Liquor Dealers' Signs (97-2523)

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

the Treasury.

[[Page 44820]]

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 sections 908, 910 and 1415 of the Taxpayer

Relief Act of 1997. The new law made changes in the excise tax on hard

cider, clarified the authority to use semi-generic designations on wine

labels, and repealed the requirement for wholesale dealers in liquors

to post signs. The wine regulations are amended to incorporate the new

cider tax rate and to recognize the labeling changes relative to the

designation of hard cider. These regulations are also amended to

incorporate the semi-generic wine designations, and the liquor dealers'

regulations are amended to eliminate the requirement for posting a

sign. Clarifying changes are made to parts 19, 250 and 251. In this

notice of proposed rulemaking, ATF invites comments on the temporary

rule.

DATES: Written comments must be received on or before October 20, 1998.

ADDRESSES: Send written comments to: Chief, Regulations Branch, Bureau

of Alcohol, Tobacco and Firearms, PO Box 50221, Washington, DC 20091-

0221, Attention: Notice Number 859.

FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Regulations Branch,

650 Massachusetts Avenue, NW, Washington, DC 20226; (202) 927-8230; or

[email protected].

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 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.

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.

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 Parts 4, 19, 24, 194, 250 and 251. For

the text of the temporary regulations see T.D. ATF-398, published in

the Rules and Regulations section of this issue of the Federal

Register.

Drafting Information

The principal author of this document is Marjorie D. Ruhf,

Regulations Branch, Bureau of Alcohol, Tobacco and Firearms. However,

other personnel of ATF and the Treasury Department participated in

developing the document.

Signed: July 23, 1998.

John W. Magaw,

Director.

Approved: July 23, 1998.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).

[FR Doc. 98-22502 Filed 8-20-98; 8:45 am]

BILLING CODE 4810-31-P