[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20185]


[[Page Unknown]]

[Federal Register: August 17, 1994]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 4, 5, and 7

[T.D. ATF-359]
RIN 1512-AB31

 

Signature Authority for Approval of Certificates of Label 
Approval (COLAS) (94F-002P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.

ACTION: Final rule, Treasury decision.

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SUMMARY: This Treasury decision will authorize the removal of imported 
alcoholic beverage products from Customs custody in conformity with 
certificates of label approval signed by ATF specialists. Currently, 
ATF specialists issue label approvals by affixing the Director's name 
to each application. This Treasury decision will eliminate from 27 CFR 
Secs. 4.40(b) (wine), 5.51(b) (distilled spirits), and 7.31(b) (malt 
beverages) the requirement that certificates of label approval bear the 
signature of the Director. This change will streamline internal 
procedures and improve resource management.

EFFECTIVE DATE: August 17, 1994.

FOR FURTHER INFORMATION CONTACT: Robert White, Coordinator, Wine and 
Beer Branch, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts 
Avenue, NW, Washington, DC 20226 (202-927-8230).

SUPPLEMENTARY INFORMATION:

Background

    Section 205(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), requires that all distilled spirits, wine, and malt 
beverage products have either a certificate of label approval or a 
certificate of exemption from label approval prior to bottling, or in 
the case of imported products, prior to removal from Customs custody. 
Section 205(e) grants authority to the Secretary of the Treasury to 
issue certificates of label approval in such manner and in such form as 
prescribed by regulation. The Secretary has delegated authority to 
administer the FAA Act to the Director, ATF, including the issuance of 
certificates of label approval. See 37 FR 11696 (June 6, 1972).
    Under an existing delegation order, ATF specialists issue label 
approvals and exemptions from label approvals for both domestic and 
imported products in the name of the Director. ATF is currently 
revising this delegation order to authorize specialists within the 
Product Compliance Branch to approve labels and grant exemptions in 
their own names. However, the regulations at 27 CFR 4.40(b), 5.51(b), 
and 7.31(b) specifically require that certificates of label approval 
(ATF Form 5100.31) bear the signature of the Director before imported 
alcoholic beverage products may be released from Customs custody. This 
Treasury decision will amend these regulations so that the Director may 
delegate to Product Compliance Branch specialists the authority to 
approve labels for imported products in their own names.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1980, Public Law 
96-511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR 
Part 1320, do not apply to this final rule because no requirement to 
collect information is imposed.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required by 5 U.S.C. 
553 or any other law, the provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et. seq.) do not apply.

Executive Order 12866

    Because this is a rule of agency management, the provisions of 
Executive Order 12866 do not apply.

Administrative Procedure Act

    Because this final rule is a rule of agency management that merely 
redesignates signature authority for certificates of label approval, it 
is unnecessary to issue this Treasury decision with notice and public 
procedure under 5 U.S.C. 553(b) or subject to the effective date 
limitation in 5 U.S.C. 553(d).

Drafting Information

    The principal author of this document is Robert White, Wine and 
Beer Branch, 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 5

    Advertising, Consumer protection, Customs duties and inspection, 
Imports, Labeling, Liquors, Packaging and containers, Reporting and 
recordkeeping requirements, Trade practices.

27 CFR Part 7

    Advertising, Beer, Consumer protection, Customs duties and 
inspection, Imports, Labeling.

Authority and Issuance

    Chapter I of Title 27, Code of Federal Regulations, is amended as 
follows:

PART 4--LABELING AND ADVERTISING OF WINE

    Paragraph 1. The authority citation for Part 4 continues to read as 
follows:

    Authority: 27 U.S.C. 205, unless otherwise noted.

    Par. 2. Section 4.40(b) is revised to read as follows:


Sec. 4.40  Label approval and release.

* * * * *
    (b) If the original or photostatic copy of ATF Form 5100.31 has 
been approved, the brand or lot of imported wine bearing labels 
identical with those shown thereon may be released from U.S. Customs 
custody.
* * * * *

PART 5--LABELING AND ADVERTISING OF DISTILLED SPIRITS

    Par. 3. The authority citation for Part 5 continues to read as 
follows:

    Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 205.

    Par. 4. Section 5.51(b) is revised to read as follows:


Sec. 5.51  Label approval and release.

* * * * *
    (b) Release. If the original or photostatic copy of ATF Form 
5100.31 has been approved, the brand or lot of distilled spirits 
bearing labels identical with those shown thereon may be released from 
U.S. Customs custody.
* * * * *

PART 7--LABELING AND ADVERTISING OF MALT BEVERAGES

    Par. 5. The authority citation for Part 7 continues to read as 
follows:

    Authority: 27 U.S.C. 205.

    Par. 6. Section 7.31(b) is revised to read as follows:


Sec. 7.31  Label approval and release.

* * * * *
    (b) Release. If the original or photostatic copy of ATF Form 
5100.31 has been approved, the brand or lot of imported malt beverages 
bearing labels identical with those shown thereon may be released from 
U.S. Customs custody.
* * * * *
    Signed: July 12, 1994.
Daniel R. Black,
Acting Director.
    Approved: August 1, 1994.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 94-20185 Filed 8-16-94; 8:45 am]
BILLING CODE 4810-31-P