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. 869; Ref: 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.

ACTION: Notice of proposed rulemaking; reopening of comment period.

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SUMMARY: This notice reopens the comment period for Notice No. 859, a

notice of proposed rulemaking, published in the Federal Register on

August 21, 1998. ATF has received requests to extend the comment period

in order to provide sufficient time for all interested parties to

respond to the issues raised in the notice.

DATES: Written comments must be received on or before December 7, 1998.

ADDRESSES: Send written comments to: Chief, Regulations Division;

Bureau of Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC

20091-0221; ATTN: Notice No. 859. See the Public Participation section

of this notice for alternative means of commenting.

FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Regulations

Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts

Avenue, NW., Washington, DC 20226 (202-927-8230),

[email protected].

SUPPLEMENTARY INFORMATION:

Background

On August 21, 1998, ATF published a temporary rule and an

associated notice of proposed rulemaking in the Federal Register

soliciting comments from the public and industry on three sections of

the Taxpayer Relief Act of 1997, (Treasury Decision ATF-398, 63 FR

44779, and Notice No. 859, 63 FR 44819).

The comment period for Notice No. 859 closed on October 20, 1998.

Prior to the close of the comment period ATF received requests from Ms.

Cheryl A. Lau, a cider industry representative, Mr. Kirk Seggie, Winery

Manager of Andres Wines (B.C.) Ltd., Mr. Kenton E. Kidd, of the

California Apple Commission, and Mr. Thomas E. Dalldorf, Sr., Publisher

of Celebrator Beer News, to extend the comment period for a short time.

All these writers stated that potential commenters in the apple

industry were in the middle of the apple harvest and would not be able

to take time to provide the sort of historical and technical

information requested in the notice. They suggested an extension until

late November to afford these interested persons an opportunity to

comment. In consideration of the above, ATF finds that a reopening of

the comment period is warranted.

Public Participation

ATF requests comments on the temporary regulations published in

Treasury decision ATF-398 (63 FR 44779) 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. Facsimile transmitted comments will

be treated as originals.

Comments may also be sent by electronic mail (e-mail) to

[email protected], provided (1) the message is entitled

``Comment on Notice No. 859; (2) the name and company affiliation, if

any, of the commenter is contained in the body of the message; and (3)

the message contains no attachments, special characters or encryption.

E-mail comments will be printed and filed with comments submitted on

paper and by facsimile transmission.

Receipt of comments will not be acknowledged. 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

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of all circumstances, to determine if a public hearing is necessary.

Disclosure

Copies of this notice, Notice No. 859, and the written comments

will be available for public inspection during normal business hours

at: ATF Public Reading Room, Room 6480, 650 Massachusetts Avenue, NW,

Washington, DC.

Drafting Information

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

Division, Bureau of Alcohol, Tobacco and Firearms.

List of Subjects

27 CFR Part 4

Advertising, Consumer protection, Customs duties and inspection,

Imports, Labeling, Packaging and containers, Wine.

27 CFR Part 19

Administrative practice and procedure, Alcohol and alcoholic

beverages, Authority delegations, Chemicals, Claims, Customs duties and

inspections, Electronic funds transfers, Excise taxes, Exports,

Gasohol, Imports, Labeling, Liquors, Packaging and containers, Puerto

Rico, Reporting and recordkeeping requirements, Research, Security

measures, Spices and flavorings, Stills, Surety bonds, Transportation,

Vinegar, Virgin Islands, Warehouses, Wine.

27 CFR Part 24

Administrative practice and procedure, Authority delegations,

Claims, Electronic fund transfers, Excise taxes, Exports, Food

additives, Fruit juices, Labeling, Liquors, Packaging and containers,

Reporting and recordkeeping requirements, Research, Scientific

equipment, Spices and flavoring, Surety bonds, Taxpaid wine bottling

house, Transportation, Vinegar, Warehouses, Wine.

27 CFR Part 194

Alcohol and alcoholic beverages, Authority delegations, Beer,

Claims, Excise taxes, Exports, Labeling, Liquors, Packaging and

containers, Penalties, Reporting requirements, Wine.

27 CFR Part 250

Administrative practice and procedure, Alcohol and alcoholic

beverages, Authority delegations (Government agencies), Beer, Claims,

Customs duties and inspections, Drugs, Electronic funds transfers,

Excise taxes, Foods, Liquors, Packaging and containers, Puerto Rico,

Reporting and recordkeeping requirements, Spices and flavorings, Surety

bonds, Transportation, Wine.

27 CFR Part 251

Administrative practice and procedure, Alcohol and alcoholic

beverages, Authority delegations, Beer, Customs duties and inspections,

Excise taxes, Imports, Labeling, Liquors, Packaging and containers,

Perfume, Reporting and recordkeeping requirements, Transportation,

Wine.

Authority and Issuance

This notice is issued under the authority in 26 U.S.C. 5301, 7805,

and 27 U.S.C. 205.

Signed: October 29, 1998.

John W. Magaw,

Director.

[FR Doc. 98-29746 Filed 11-5-98; 8:45 am]

BILLING CODE 4810-31-U