# 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)

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-32603

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** December 22, 1999
- **Citation:** 64 FR 71935

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-32603. Public record. Not legal advice.
