Implementation of Public Law 105-33, Section 9302, relating to the Imposition of Permit Requirements on the Manufacture of Roll-Your- Own Tobacco (98R-370P)

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 enacted new permit requirements for manufacturers of

roll-your-own tobacco. In addition, the temporary rule corrects the

title to 27 CFR part 270, renumbers certain forms to reflect the

current ATF numbering system, and removes references to forms that were

previously made obsolete. Clarifying changes are made to parts 270,

275, 290, 295, and 296. 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, PO Box 50221, Washington, DC

20091-0221. (Attention: Notice Number 889). See the Public

Participation section of this notice for alternative means of

commenting.

FOR FURTHER INFORMATION CONTACT: Jackie White, Regulations Division,

650 Massachusetts Avenue, NW, Washington, DC 20226; (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 270, 275, 290, 295, and 296. For

the text of the temporary regulations see T.D. ATF-424, 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. 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. However

assurance of consideration cannot be given except as to comments

received on or before the closing date.

Will ATF Keep My Comments Confidential?

ATF cannot recognize any material in comments as confidential.

Comments may be disclosed to the public. If you consider your material

to be confidential or inappropriate for disclosure to the public, you

should not include it in the comment. We may also disclose the name of

any person who submits a comment.

Can I Review Comments Received?

Yes. You may view and copy written comments on this project during

normal business hours in the ATF Public Reading Room, Room 6480, 650

Massachusetts Avenue, NW, Washington, DC 20226, telephone (202) 927-

8480. For information on filing a Freedom of Information Act request

for a copy of the comments, please refer to the internet address http:/

/www.atf.treas.gov/about/foia/foia.htm.

How Do I Send Facsimile Comments?

You may submit comments of not more than three pages of 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 facsimile 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 the 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 rule is not a significant

regulatory action as defined by Executive Order 12866. Therefore, a

regulatory assessment is not required.

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 Affairs,

Washington, D.C., 20503, with copies to the Chief, Document Services

[[Page 71936]]

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 270.182, 270.183, 270.216b, 275.72b, and 295.45b. This information

is required to ensure proper excise payment of taxes on roll-your-own

tobacco products. This information will be used to determine whether or

not such excise taxes have been properly paid. The collection of

information is mandatory. The likely respondents include small

businesses or organizations.

Estimated total annual reporting and/or recordkeeping burden under

control numbers 1512-358 and 1512-502 for the first year is 385 hours

for initiating and obtaining required permits. For subsequent years,

the total annual reporting and/or recordkeeping burden under 1512-0358

is 1,650 hours and under 1512-0502 the burden is 1 hour. Estimated

average annual burden hours per respondent and/or recordkeeper under

1512-0358 is 150 hours; and under 1512-0502 the burden is 1 hour. The

estimated number of respondents and/or recordkeepers are 11.

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

The principal author of this document is Jackie White, Regulations

Division, Bureau of Alcohol, Tobacco and Firearms. However, other

personnel of ATF and the Treasury Department participated in developing

the document.

Signed: August 13, 1999.

John W. Magaw,

Director.

Approved: October 27, 1999.

John P. Simpson,

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

[FR Doc. 99-32603 Filed 12-21-99; 8:45 am]

BILLING CODE 4810-31-U