[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Proposed Rules]
[Pages 36515-36516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12047]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Parts 6, 8, 10, and 11

[Docket No. TTB-2022-0011; Notice No. 216B; Re: Notice No. 216 and 
Notice No. 216A]
RIN 1513-AC92


Consideration of Updates to Trade Practice Regulations

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Advance notice of proposed rulemaking; extension of comment 
period.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is 
extending for an additional 30 days the comment period for an advance 
notice of proposed rulemaking it published on November 9, 2022, 
entitled, ``Consideration of Updates to Trade Practice Regulations.'' 
TTB is taking this action in response to a request submitted by 
multiple stakeholder organizations.

DATES: The comment period for the advance notice of proposed rulemaking 
published November 9, 2022, at 87 FR 67612, is extended for thirty 
days. Comments are now due on or before July 7, 2023.

ADDRESSES: You may electronically submit comments on the advance notice 
of proposed rulemaking and view copies of that notice, this comment 
period extension notice, and any comments TTB receives within Docket 
No. TTB-2022-0011 as posted on the Regulations.gov website at https://www.regulations.gov. A link to that docket is available on the TTB 
website at https://www.ttb.gov/laws-and-regulations/all-rulemaking 
under Notice No. 216. Alternatively, you may submit comments via postal 
mail to the Director, Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 
20005. Please see the Public Participation section of Notice No. 216 
for information on the specific issues and questions on which TTB is 
soliciting comments, and for information on the submission, 
confidentiality, and public disclosure of comments.

FOR FURTHER INFORMATION CONTACT: Christopher Forster-Smith, Regulations 
and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005; telephone 202-453-1039 ext. 
150.

SUPPLEMENTARY INFORMATION: Through an advance notice of proposed 
rulemaking (ANPRM) issued in November 2022, the Alcohol and Tobacco Tax 
and Trade Bureau (TTB) solicited comments on its trade practice 
regulations related to the Federal Alcohol Administration Act's tied 
house, exclusive outlet, commercial bribery, and consignment sales 
prohibitions, which are contained in 27 CFR parts 6, 8, 10, and 11, 
respectively. TTB published that ANPRM as Notice No. 216, 
``Consideration of Updates to Trade Practice Regulations,'' in the 
Federal Register on November 9, 2022, at 87 FR 67612. TTB solicited 
comments on specific issues and questions set out in the ANPRM and also 
invited comments on any other issue or concern related to its trade 
practice regulations.
    As originally published, the comment period closing date for the 
ANPRM was March 9, 2023. In response to a request from eight alcohol 
industry trade associations, TTB extended the comment period for Notice 
No. 216 until June 7, 2023 (see Comment 21 as posted in Docket TTB-
2022-0011 on the ``Regulations.gov'' website at https://www.regulations.gov).
    TTB recently received another joint request from the same eight 
alcohol industry trade associations to extend the comment period for 
the ANPRM for an additional 90 days. The eight associations supporting 
the request are the Wine Institute, the Distilled Spirits Council of 
the United States (DISCUS), WineAmerica, the American Distilled Spirits 
Alliance (ADSA), the Wine and Spirits Wholesalers of America (WSWA), 
American Beverage Licensees (ABL), the Beer Institute, and the National 
Beer Wholesalers Association (NBWA).
    The eight associations cite several factors as a basis for their 
request, and state that ``the additional time will allow all producers 
and all retailers, large and small, to provide meaningful feedback and 
evidence.'' The comment extension request submitted by the associations 
is posted in Docket TTB-2022-11 as Comment 37 on the 
``Regulations.gov'' website.
    TTB also received a comment from the Brewers Association, an 
industry trade association, opposing any further extension of the 
comment period. In its comment, the Brewers Association notes that the 
already-extended comment period for Notice No. 216 will have been open 
for nearly 7 months by the June 7th closing date. The comment also 
notes that as Notice No. 216 is an

[[Page 36516]]

advance notice of proposed rulemaking, there will be further 
opportunities to comment as the process continues with the issuance of 
a notice of proposed rulemaking, and states that further postponement 
of that process is unwarranted. The Brewers Association comment is 
posted in Docket TTB-2022-11 as Comment 38 on the ``Regulations.gov'' 
website.
    TTB has decided to extend the comment period for Notice No. 216 for 
a final time, for an additional 30 days. TTB believes that this 30-day 
extension of the comment period, in addition to the time that the 
comment period has been open since November 2022, will be of sufficient 
length to allow interested parties to consider and comment on the 
issues raised in the ANPRM, while allowing TTB to then proceed with a 
notice of proposed rulemaking, which will provide an opportunity to 
comment on proposed regulations, and ultimately conclude the rulemaking 
in a timely manner.
    Therefore, TTB will now accept public comments on Notice No. 216 
through July 7, 2023. See the ANPRM, Notice No. 216, for complete 
information on the specific issues and questions on which TTB is 
seeking comment, as well as information on how to submit comments 
electronically or by postal mail, and on the confidentiality and public 
disclosure of any submitted comments.

    Signed: June 1, 2023.
David M. Wulf,
Deputy Administrator.
[FR Doc. 2023-12047 Filed 6-1-23; 4:15 pm]
BILLING CODE 4810-31-P