[Federal Register Volume 67, Number 195 (Tuesday, October 8, 2002)]
[Proposed Rules]
[Pages 62860-62861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25264]



  Federal Register / Vol. 67, No. 195 / Tuesday, October 8, 2002 / 
Proposed Rules  

[[Page 62860]]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 4, 5, 7, and 13

[Notice No. 954; Re: T.D. ATF-483]
RIN 1512-AC87


Organic Claims in Labeling and Advertising of Alcohol Beverages 
(2002R-288P)

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

ACTION: Notice of proposed rulemaking; request for comments.

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SUMMARY: ATF is proposing to finalize temporary regulations published 
elsewhere in this seperate part that amend the alcohol labeling and 
advertising rules to cross-reference the United States Department of 
Agriculture's (USDA) National Organic Program (NOP) rules. Any alcohol 
beverage labeled or advertised with an organic claim must comply with 
both NOP rules administered by the USDA and the applicable rules 
administered by ATF. In this notice of proposed rulemaking, we invite 
comments on the temporary rule.

DATES: Written comments must be received by December 9, 2002.

ADDRESSES: You may send comments to any of the following addresses--
    [sbull] Chief, Regulations Division, Bureau of Alcohol, Tobacco and 
Firearms, PO Box 50221, Washington, DC 20091-0221 (Attn: Notice No. 
954);
    [sbull] 202-927-8525 (Facsimile);
    [sbull] [email protected] (E-mail);
    [sbull] http://www.atf.treas.gov (Online--A comment form is 
available with this copy of the notice).
    See the ``Public Participation'' section of this notice for 
specific requirements, as well as information on how to request a 
public hearing.

FOR FURTHER INFORMATION CONTACT: Richard Evanchec, Alcohol Labeling and 
Formulation Division, Bureau of Alcohol, Tobacco and Firearms, 650 
Massachusetts Avenue, NW., Washington, DC 20226; telephone 202-927-
8140; e-mail [email protected].

SUPPLEMENTARY INFORMATION: Please see the T.D. ATF-483 published in the 
``Rules and Regulations'' section of today's issue of the Federal 
Register for a discussion of our temporary and proposed changes to 
parts 4, 5, 7, and 13.

Public Participation

    We request comments from anyone interested. We specifically request 
comments on the clarity of the temporary rule and how we could make it 
easier to understand. We will consider your comments if we receive them 
on or before the closing date. We will consider comments received after 
the closing date if we can.
    You may view comments by appointment at the ATF Reading Room, 
Public and Governmental Affairs, room 6480, 650 Massachusetts Avenue, 
NW., Washington, DC 20226. You may also obtain copies at 20 cents per 
page. If you want to view or request copies of comments, telephone the 
ATF Librarian at 202-927-7890.
    For your convenience, we will post comments received in response to 
this notice on the ATF Web site. All comments posted on our Web site 
will show the name of the commenter but not street addresses, telephone 
numbers, or e-mail addresses. We may also omit voluminous attachments 
or material that we consider unsuitable for posting. In all cases, the 
full comment will be available in the ATF Reading Room. To access 
online copies of the comments on this temporary rule, visit http://www.atf.treas.gov/ and select ``Regulations,'' then ``Notices of 
proposed rulemaking (Alcohol).'' Next, select ``View Comments'' under 
this notice number. Finally, select ``Notice of Proposed Rulemakings 
Comments'' and this notice number.
    We do not recognize any submitted material as confidential. We will 
disclose all information on comments and commenters. Do not enclose in 
your comments any material you consider confidential or inappropriate 
for disclosure.
    You may submit comments in any of five ways.
    [sbull] By Mail: Send written comments to ATF at the address listed 
in the ADDRESSES section.
    [sbull] By Facsimile: Submit comments by facsimile transmission to 
202-927-8525. We will not acknowledge receipt. Comments transmitted as 
facsimiles will be treated as originals, and they must--
    (1) Be legible;
    (2) Reference this Notice number;
    (3) Be on 8.5-by 11-inch paper;
    (4) Contain a legible, written signature; and
    (5) Be five or less pages long. This limitation assures electronic 
access to our equipment. We will not accept faxed comments that exceed 
five pages.
    [sbull] By e-mail: Send comments to [email protected]. We 
will not acknowledge receipt of e-mail. We will treat e-mailed comments 
as originals. Comments transmitted as electronic-mail must--
    (1) Contain your name, mailing address, and e-mail address; and
    (2) Reference this Notice number on the subject line.
    [sbull] Online: See the ATF Internet Web site at http://www.atf.treas.gov. We provide a comment form with the online copy of 
this notice.
    In Person: Write to the Director to ask for a public hearing. The 
Director reserves the right to determine, in light of all 
circumstances, whether a public hearing will be held.

Regulatory Analyses and Notices

Administrative Procedure Act

    We issued the associated temporary rule without prior notice or 
public procedure under 5 U.S.C. 553(b) and without it being subject to 
the effective date limitation in section 553(d) for two reasons. First, 
the temporary rule merely cross-references and incorporates the NOP 
rules as they relate to alcohol beverage labeling. The mandatory 
compliance date for the NOP rules is October 21, 2002. Second, we are 
not imposing new requirements. By this notice, we are allowing 
interested persons an opportunity to comment.

Regulatory Flexibility Act

    A regulatory flexibility analysis is not required. Implementation 
of this proposed rule would not significantly impact a substantial 
number of small entities.
    We do not endorse products when we approve labels that make organic 
claims. These regulations merely allow bottlers to more accurately 
describe their products to consumers and help consumers identify the 
alcohol beverages they purchase. Thus, any benefit derived from the use 
of an organic claim results from a proprietors' own efforts and from 
consumer acceptance of products that comply with the rules of the NOP.

Paperwork Reduction Act

    We propose no requirement to collect information. Therefore, the 
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, and 
its implementing regulations, 5 CFR part 1320, do not apply.

Executive Order 12866

    We have determined that this proposed rule is not a significant 
regulatory action as defined by Executive Order 12866. Therefore, a 
regulatory assessment is not required.

[[Page 62861]]

Drafting Information

    Marjorie Ruhf of the Regulations Division, Bureau of Alcohol, 
Tobacco and Firearms, drafted this document. Employees of the Treasury 
Department and USDA, as well as other ATF employees, participated in 
its development.

    Signed: August 19, 2002.
Bradley A. Buckles,
Director.

    Approved: September 6, 2002.
Timothy E. Skud,
Deputy Assistant Secretary, (Regulatory, Tariff, and Trade 
Enforcement).
[FR Doc. 02-25264 Filed 10-7-02; 8:45 am]
BILLING CODE 4810-31-P