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

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 [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 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