[Federal Register Volume 62, Number 105 (Monday, June 2, 1997)]
[Proposed Rules]
[Pages 29681-29682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14307]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 24

[Notice No. 852]
RIN 1512-AB65


Implementation of Public Law 104-188, Section 1702, Amendments 
Related to Revenue Reconciliation Act of 1990 (96R-028T)

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 section 1702 the Small Business Job Protection 
Act of 1996. The new law changed the small producers' wine tax credit 
and wine bond provisions of the Internal Revenue Code of 1986. The wine 
regulations are amended to extend the application of the credit to 
``transferees in bond'' (proprietors who store wine for a small 
producer, but who do not hold title to such wine) in certain 
circumstances, and to make conforming changes to the bond computation 
instructions, which were also affected by the law change. In this 
notice of proposed rulemaking, ATF invites comments on the temporary 
rule.

DATES: Written comments must be received on or before August 1, 1997.

ADDRESSES: Send written comments to: Chief, Wine, Beer & Spirits 
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box 
50221, Washington, DC 20091-0221, Attention: Notice Number 852.

FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Wine, Beer & Spirits 
Regulations Branch, 650 Massachusetts Avenue, NW, Washington, DC 20226, 
(202) 927-8230.

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, because the 
economic effects flow directly from the underlying statue and not from 
the proposed regulations. 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 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.

Paperwork Reduction Act

    The collections of information contained in this notice of proposed 
rulemaking 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, 
D.C., 20503, with copies to the Bureau of Alcohol, Tobacco and Firearms 
at the address previously specified. Comments are specifically 
requested concerning:
    Whether the proposed collections of information are necessary for 
the proper performance of the functions of the Bureau of Alcohol, 
Tobacco and Firearms, including whether the information will have 
practical utility; he accuracy of the estimated burden associated with 
the proposed collections of information (see below);
    How the quality, utility, and clarity of the information to be 
collected may be enhanced; and
    How the burden of complying with the proposed collections of 
information may be minimized, including through the application of 
automated collection techniques or other forms of information 
technology.

[[Page 29682]]

    The collections of information in this proposed regulation are in 
27 CFR Secs. 24.278 and 24.279 (OMB control numbers 1512-0540 and 1512-
0492, respectively). This information is required to advise the 
transferee of any available credit, and to support entries on tax 
returns and claims. This information will be used by the transferee and 
the small producer to compute taxes or claims and may also be reviewed 
by ATF during an audit to confirm that wine tax credits were properly 
taken. The collections of information are required to obtain a benefit 
(reduced rate of tax). The likely recordkeepers are businesses and 
small businesses.
    Since this collection of information involves a disclosure 
(consisting of shipping instructions from the producer-owner of the 
wine to the transferee) and recordkeeping which must take place for 
commercial reasons unrelated to the regulatory requirement, ATF 
estimates a burden of 1 hour for OMB control number 1512-0540 
(information collected in support of small producer's wine tax credit). 
The estimated total annual recordkeeping burden associated OMB control 
number 1512-0492 (usual and customary records kept in support of tax 
returns and claims) will not increase.
    Estimated number or respondents and/or recordkeepers: 30 
transferees in bond and 250 small producers.
    No reports are required as part of these regulations.
    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.

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.
    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 24. For the text of the temporary 
regulations see T.D. ATF-390 published in the Rules and Regulations 
section of this issue of the Federal Register.
    Drafting Information: The principal author of this document is 
Marjorie D. Ruhf, Wine, Beer & Spirits Regulations Branch, Bureau of 
Alcohol, Tobacco and Firearms.

John W. Magaw,
Director.

    Approved: January 3, 1997.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary (Regulatory, Tariff and Trade 
Enforcement).
[FR Doc. 97-14307 Filed 5-30-97; 8:45 am]
BILLING CODE 4810-31-P