[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Proposed Rules]
[Pages 71935-71936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32603]



  Federal Register / Vol. 64, No. 245 / Wednesday, December 22, 1999 / 
Proposed Rules  

[[Page 71935]]



DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 270, 275, 290, 295 and 296

[Notice No. 889]
RIN 1512-AB92


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)

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 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