[Federal Register Volume 66, Number 46 (Thursday, March 8, 2001)]
[Proposed Rules]
[Pages 13864-13865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5425]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 275

[Notice No. 912]
RIN 1512-AC24


Puerto Rican Tobacco Products and Cigarette Papers and Tubes 
Shipped From Puerto Rico to the United States

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), 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 eliminate ATF on-site supervision of tobacco products 
and cigarette papers and tubes of Puerto Rican manufacture shipped from 
Puerto Rico to the United States and related ATF forms. Specifically, 
the temporary rule eliminates the requirements that persons who ship 
such articles notify ATF prior to the shipment and that an ATF officer 
inspects, certifies that the amount of tax on such articles has been 
calculated correctly for, and releases, each shipment. Consequently, 
four ATF forms are eliminated. However, the rule requires that persons 
who ship such articles maintain records so that the amount of tax is 
calculated and recorded for ATF audit and examination. Also, the 
temporary rule revises certain sections to simplify and clarify and 
corrects a few typographical errors. This notice of proposed rulemaking 
invites comments on the temporary rule.

DATES: Written comments must be received on or before May 7, 2001.

ADDRESSES: Send written comments to: Chief, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, Room 5003, 650 Massachusetts 
Avenue, NW., Washington, DC 20226, (Attention: Notice Number 912). See 
the Public Participation section of this notice for alternative means 
of commenting.

FOR FURTHER INFORMATION CONTACT: Robert Ruhf, 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 part 275. For the text of the temporary 
regulations see T.D. ATF-444, 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 can only be given if comments are 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 call (202) 927-8480, FAX (202) 927-
8866 or E-mail: [email protected]. (ATF cannot accept FOIA 
requests via E-mail).

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; and
     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 Comments by E-Mail?

    If you send an e-mail, you must follow these instructions. E-mail 
comments must:
     Contain your name, mailing address, and e-mail address;
     Contain the word ``Notice'' and its number in the subject 
or reference line of the e-mail;

[[Page 13865]]

     Contain your company or association affiliation, if 
pertinent to your comment, and your reason for commenting 
(manufacturer, importer, consumer, etc.);
     Be legible when printed in a 8\1/2\"  x  11" size (no 
special characters or symbols); and
     Be addressed to [email protected].
    We will not acknowledge receipt of e-mail. We will treat e-mail as 
originals.

How Do I Send Comments Through 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/tobacco/rules/index.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?

    It is hereby certified that these proposed regulations will not 
have a significant economic impact on a substantial number of small 
entities. The proposed changes reduce regulatory burdens for the three 
firms that currently ship tobacco products from Puerto Rico to the 
United States.

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, DC, 20503, with copies to the Chief, Document Services 
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 275.106, 275.110 and 275.121. This information is required to 
ensure proper excise payment of taxes on Puerto Rican tobacco products 
and cigarette papers and tubes shipped from Puerto Rico to the United 
States and that a person who defers taxes on such shipments does not 
exceed the amount of the bond allowing the person to defer taxes. This 
information will be used to determine whether excise taxes have been 
properly paid and that any bonds for deferring taxes are in a 
sufficient amount. The collection of information is mandatory. The 
likely respondents may include small businesses or organizations.
    The estimated annual burden per respondent will vary depending on 
the number of shipments of Puerto Rican tobacco products and cigarette 
papers and tubes from Puerto Rico to the United States. Estimated total 
annual recordkeeping burden for each year is 1 hour. Estimated average 
annual burden 2 hours per respondent and/or recordkeeper is 20 minutes. 
The estimated number of recordkeepers is three (3).
    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 Robert Ruhf, Regulations 
Division, Bureau of Alcohol, Tobacco and Firearms. However, other 
personnel of ATF and the Treasury Department participated in developing 
the document.

    Signed: February 5, 2001.
Bradley A. Buckles,
Director.
    Approved: February 13, 2001.
Timothy E. Skud,
Acting Deputy Assistant Secretary (Regulatory, Tariff and Trade 
Enforcement).
[FR Doc. 01-5425 Filed 3-7-01; 8:45 am]
BILLING CODE 4810-31-U