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

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/

[email protected].

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

[email protected]. 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