[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Rules and Regulations]
[Pages 87931-87953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23662]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 /
Rules and Regulations
[[Page 87931]]
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Parts 1, 4, 5, 6, 8, 9, 10, 11, 13, 16, 17, 18, 19, 20, 21,
22, 24, 25, 26, 27, 28, 29, 30, 31, 40, 41, 44, 45, 46, 53, 70, 71,
and 72
[Docket No. TTB-2024-0006; T.D. TTB-196]
RIN 1513-AB93
Technical Corrections to the TTB Regulations
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: In this final rule, the Alcohol and Tobacco Tax and Trade
Bureau (TTB) is amending its regulations to make miscellaneous non-
substantive corrections to its regulations. These include correcting
grammatical, spelling, and typographical errors; correcting or updating
statutory authority citations, regulatory cross-references, and
information collection control and TTB form numbers; updating
references to publications and agency names and organizational
structures; updating mailing, delivery, and website addresses; and
revising certain gender exclusive pronouns. The technical amendments
described in this document do not add or change any regulatory,
recordkeeping, or reporting requirement or change TTB's interpretation
of any regulation.
DATES: Effective December 6, 2024.
FOR FURTHER INFORMATION CONTACT: Michael D. Hoover, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 135.
SUPPLEMENTARY INFORMATION: Due to the number and non-substantive nature
of the technical corrections made in this document, not all individual
amendments are discussed below in this document's preamble, but all
changes are described in the regulatory text section further below.
General Description of Technical Amendments
The Alcohol and Tobacco Tax and Trade Bureau (TTB) periodically
makes non-substantive technical corrections to its regulations, which
are contained in 27 CFR chapter I. The technical amendments described
in this document do not add any new or change any existing TTB
regulatory requirement, and the described amendments do not change
TTB's interpretation of any regulation. Additionally, the described
amendments do not add any new or change any existing recordkeeping,
reporting, or labeling requirement to the TTB regulations, nor do they
change any burden associated with such requirements.
In general, throughout its regulations, TTB is correcting
grammatical, spelling, and typographical errors; correcting or updating
statutory authority citations, regulatory cross-references, and TTB
form numbers; updating Office of Management and Budget (OMB) control
numbers for existing TTB information collections; updating references
to publications and agency names and organizational structures; and
updating mailing, delivery, and website addresses.
Also, in light of Treasury Department policy, TTB is replacing
certain gender exclusive pronouns, such as ``he'' and ``his,'' with
specific references to official titles or positions, such as ``the
Secretary,'' or with gender inclusive or neutral pronouns or phrases,
such as ``their,'' ``he or she,'' or ``her or his.'' In particular, TTB
is revising gender exclusive references to the Secretary of the
Treasury, the TTB Administrator, and certain other government
officials. However, given the large number of gender exclusive pronouns
in some parts of its regulations that refer to TTB officers, industry
members, or members of the public, TTB will make further similar
amendments in future rulemaking documents.
With regard to updating statutory authority citations, TTB is
primarily revising the general statutory authority citations for the
regulations contained in 27 CFR parts 20, 29, 44, 45, 46, and 70 to add
a reference to 26 U.S.C. 6109, which is the section of the Internal
Revenue Code (IRC) that authorizes the collection of identifying
numbers such as employer identification numbers from persons required
to file returns, statements, or other documents. The addition of 26
U.S.C. 6109 to the statutory authority citation lists for those CFR
parts merely corrects those lists and does not add or change any
requirement to provide TTB with identifying numbers.
Other Technical Amendments
In addition to the general technical corrections noted above, TTB
is making other unique technical amendments in specific parts of 27 CFR
chapter I, as described below.
Part 4, Labeling and Advertising of Wine
In 27 CFR 4.10, Meaning of terms, TTB is correcting typographical
errors in the definitions of ``pure condensed must'' and ``sugar.''
Part 9, American Viticultural Areas
In 27 CFR 9.11(b), TTB is updating the postal mail and hand-
delivery addresses for the submission of American viticultural area
(AVA) petitions. TTB is also correcting typographical and other
unintended errors in the boundary descriptions of several AVAs. These
corrections do not change the intended boundary of any existing AVA,
nor do they add or remove any acreage from any established AVA. Among
those specific boundary corrections are three for the Eagle Foothills
AVA as described in 27 CFR 9.252--in paragraph (c)(2), the phrase ``the
western boundary of sections 31 and 30 to the northwest corner of
section 31,'' is corrected to read ``the western boundary of section 31
to the southwest corner of section 30;'' in paragraph (c)(3), ``section
31'' is corrected to read ``section 30;'' and, in paragraph (c)(9),
``3,400-foor'' is corrected to read ``3,400-foot.''
Part 19, Distilled Spirits Plants
Among other corrections in part 19, TTB is updating cross-
references to 27 CFR part 5, Labeling and Advertising of Distilled
Spirits, contained in that part in response to the publication of T.D.
TTB-176, Modernization of the Labeling and Advertising Regulations for
Distilled Spirits and Malt Beverages, published in the Federal Register
of February 9, 2022, at 87 FR 7526. While T.D. TTB-176 revised part 5
in its
[[Page 87932]]
entirety, that final rule inadvertently did not update the cross-
references to that part contained in part 19. As such, this document
updates the relevant cross-references contained in part 19 to match the
current part 5 subpart designations and section numbers.
Part 21, Formulas for Denatured Alcohol and Rum
In 27 CFR 21.151, TTB is correcting an inadvertent error made in a
final rule published in 2016 to amend the regulations concerning
denatured alcohol and products made with industrial alcohol. See T.D.
TTB-140, published in the Federal Register on August 30, 2016, at 81 FR
59445. In that final rule, TTB removed certain obsolete special
denatured alcohol (S.D.A.) formulas from the regulations, including
Formula No. 27-B, which, at the time, was described in 27 CFR 21.54. As
a result of that formula's removal, TTB removed all references to
S.D.A. Formula No. 27-B from the table contained in Sec. 21.151, List
of denaturants authorized for denatured spirits, including its listing
as the only approved formula for ``Green soap, U.S.P.'' However, in
T.D. TTB-140, TTB inadvertently failed to include an amendatory
instruction to remove the entire entry for ``Green soap, U.S.P.'' from
the approved formulas table. Therefore, TTB is removing the remaining
portion of that obsolete entry.
Part 24, Wine
TTB recently published a final rule amending certain of its
regulations pertaining to the production of wine in 27 CFR part 24 to
add to the list of materials and processes authorized for the treatment
of wine and of the juice from which wine is made, and to expand the
authorized uses of certain materials already authorized under the
regulations. See T.D. TTB-185, published in the Federal Register on
August 24, 2022, at 87 FR 51880. That final rule contained an
inadvertent error in the amended regulatory text of 27 CFR 24.250. As
explained in that final rule's related prior notice of proposed
rulemaking (Notice No. 164, published in the Federal Register on
November 22, 2016, at 81 FR 83752) and in the final rule, TTB intended
to make a technical change to amend Sec. 24.250, Application for use
of new treating material or process, by revising paragraph (b)(4) to
state that an application to use a new treating material or process
must include documentary evidence from the FDA that the material is
consistent with the food additive requirements under the Federal Food,
Drug, and Cosmetic Act for its intended purpose in the amounts proposed
for the particular treatment contemplated. This differs from the
original regulatory text in that it does not require documentary
evidence that the FDA has ``approved'' the use of the material.
However, the amendatory instruction for Sec. 24.250 in the final rule
contained an inadvertent error that caused all of paragraph (b) to be
removed and replaced by the text that was only intended to amend
paragraph (b)(4). TTB is correcting Sec. 24.250 by restoring the
previous text of paragraph (b) and by amending only the text of
paragraph (b)(4) as intended.
TTB also is amending 27 CFR 24.270, which sets forth the Federal
excise tax rates on wine to reflect the statutory increase, from 14
percent to 16 percent, in the maximum alcohol by volume for the still
wine tax class at 26 U.S.C 5041(b)(1) and in the minimum alcohol by
volume for the still wine tax class at 26 U.S.C. 5041(b)(2). TTB is
taking this action in response to the Taxpayer Certainty and Disaster
Tax Relief Act of 2020 (see Division EE of the Consolidated
Appropriations Act of 2021 (Pub. L. 116-260)), which made permanent the
temporary provisions of the Craft Beverage Modernization Act contained
within the Tax Cuts and Jobs Act of 2017 (Pub. L. 115-97).
TTB is correcting 27 CFR 24.310, Taxpaid removals from bond record,
to include a reference to allowing proprietors to record the tax class
of wine removed from bond, in lieu of recording the alcohol content of
the wine. TTB amended its regulations regarding certain wine records in
1990 (see T.D. ATF-299, published in the Federal Register of June 19,
1990, at 55 FR 24974), including 27 CFR 24.309, Transfer in bond
record, and 27 CFR 24.311, Taxpaid wine record, to provide that option,
but inadvertently did not include a similar change to Sec. 24.310.
This correction addresses that omission.
Part 28, Exportation of Alcohol
In 27 CFR 28.11, Meaning of terms, TTB is revising the definition
of ``Customs officer'' to be consistent with the wording of that term's
definition in other parts of 27 CFR chapter I. This revision does not
change any part 28 regulatory requirement.
TTB is correcting 27 CFR 28.148, Brewer's report, to include a
reference to form TTB F 5130.26, Quarterly Brewer's Report of
Operations, in addition to the existing reference to form TTB F 5130.9,
Brewer's Report of Operations, as a form certain small brewers may use
for reporting, including the reporting of removals of beer or beer
concentrate for purposes of exportation, use of supplies on vessels and
aircraft, or transfer to a Foreign Trade Zone (FTZ). Section 28.148
requires that brewers keep records and include in their operations
reporting the quantity of beer or beer concentrate removed for such
purposes, and elsewhere in the TTB regulations certain small brewers
are authorized to use either form TTB F 5130.26 or form TTB F 5130.9,
as appropriate, for such reporting. See 27 CFR 25.297. In T.D. TTB-123,
published in the Federal Register on September 30, 2014, at 79 FR
58674, TTB amended Sec. 25.297 to allow certain small brewers to
report their operations reports on a quarterly basis (rather than
monthly) using either form TTB F 5130.9 or form TTB F 5130.26. However,
in that final rule, TTB inadvertently did not make a corresponding
amendment to Sec. 28.148. This amendment to Sec. 28.148 does not
change that section's reporting requirement or burden as it merely
corrects that section to provide that brewers authorized to submit
quarterly operations reports may choose to use either form TTB F 5130.9
or form TTB F 5130.26 to do so.
Part 29, Stills and Miscellaneous Regulations
TTB is restoring ``condenser'' to the list of terms defined in part
29, subpart C, Stills, at 27 CFR 29.45, as that definition appears to
have been inadvertently removed from that list in 2001. The regulations
addressing stills appeared in 27 CFR part 170 prior to a reorganization
of the regulations in 2001. TTB's predecessor agency, the Bureau of
Alcohol, Tobacco, and Firearms (ATF), published T.D. ATF-439 in the
Federal Register on February 2, 2001, at 66 FR 8768, amending certain
definitions and regulations in part 170, including some definitions in
27 CFR 170.45, which is now 27 CFR 29.45. See 66 FR 8768, 8770. That
final rule did not amend or affect the definition of ``condenser'' but,
in the 2001 edition of Title 27 of the Code of Federal Regulations
published following the issuance of the final rule, the term
``condenser'' no longer appeared in the list of definitions at 27 CFR
170.45. ATF then redesignated part 170 as part 29 in T.D. ATF-462,
published in the Federal Register on August 15, 2001, at 66 FR 42735,
which recodified Sec. 170.45 as 27 CFR 29.45. See 66 FR 42735, 42737.
This correction addresses the inadvertent removal of the definition of
``condenser'' from the regulations.
Part 30, Gauging Manual
TTB is adding a section to part 30, Gauging Manual, at 27 CFR 30.3
to provide the public with information on
[[Page 87933]]
how to obtain a copy of the delegation order regarding the assignment
of the TTB Administrator's regulatory authorities in part 30 to other
TTB officers. These delegations of authority are set forth in TTB Order
1135.30, Delegation of the Administrator's Authorities in 27 CFR part
30, Gauging Manual, which is referenced in the definition of
``Appropriate TTB officer'' in 27 CFR 30.11, but additional information
on accessing the delegation order through the TTB website or by mail is
not currently included in the regulations. Similar sections regarding
TTB delegation orders are present in other parts of 27 CFR chapter I
that have related delegation orders and were generally added to that
chapter in 2006 through T.D. TTB-44, Administrative Changes to Alcohol,
Tobacco and Firearms Regulations Due to the Homeland Security Act of
2002, published by TTB in the Federal Register on April 4, 2006, at 71
FR 16918. A section of this type was inadvertently not included for
part 30, and this amendment makes part 30 consistent with those other
parts. The added section is merely informational, and it imposes no new
regulatory or information collection requirements on regulated industry
members.
Part 40, Manufacture of Tobacco Products, Cigarette Papers and Tubes,
and Processed Tobacco
In 27 CFR 40.22, TTB is removing the last sentence of paragraph
(b)(1), which provides that TTB may publish its constructive price
determinations for large cigars if TTB finds that such public
disclosure is necessary. TTB has determined that this provision is
inconsistent with the taxpayer confidentiality provisions of the
Internal Revenue Code at 26 U.S.C. 6103 which prohibit public
disclosure of such tax-related information. For that reason, neither
TTB nor its predecessor agency, ATF, have published a constructive
price determination made under Sec. 40.22(b).
TTB is updating the text of 27 CFR 40.491(b)(2) to be consistent
with the amendments made to 27 CFR 40.522 in T.D. TTB-104, which
implemented requirements from the Children's Health Insurance Program
Reauthorization Act of 2009 (CHIPRA); see 77 FR 37287, June 21, 2012.
The correction to Sec. 40.491(b)(2) makes that section consistent with
Sec. 40.522(d)(3) as amended by T.D. TTB-104, which allows a
manufacturer of tobacco products who removes processed tobacco for any
of the purposes listed in Sec. 40.72(b)(2) to not report such removals
on their tobacco operations report, form TTB F 5250.2 (while keeping
records of such removals pursuant to Sec. 40.521).
Part 44, Exportation of Tobacco Products and Cigarette Papers and
Tubes, Without Payment of Tax, or With Drawback of Tax
In 27 CFR 44.11, TTB is adding a definition of ``customs officer''
for informational purposes as that term is used throughout part 44. In
Sec. Sec. 44.122 and 44.129, TTB is removing references to Treasury
Department Circular 154, which concerned the acceptance of government
obligations in lieu of bonds, since the Department no longer publishes
that circular. Instead, those sections will refer to the Treasury
Department regulations contained in 31 CFR part 225, Acceptance of
Bonds Secured by Government Obligations in Lieu of Bonds with Sureties.
Part 71, Rules of Practice in Permit Proceedings
In 27 CFR part 71, which concerns TTB's rules of practice in permit
proceedings, TTB is amending the general statutory authority citation
by adding a citation to the Administrative Procedure Act (5 U.S.C. 551-
559). In addition, TTB is adding 26 U.S.C. 5171 to the part's general
statutory authority citation because that section of the IRC concerns
the establishment of, and permits for, distilled spirits plants. These
additions are merely informational in nature, and do not affect or
change TTB's interpretation of any regulatory or information collection
requirement contained in part 71.
In 27 CFR 71.96, which concerns the disqualification of
administrative law judges, TTB is revising that section to remove
gender-specific pronouns but the intent of the regulation is unchanged.
In 27 CFR 71.97, which lists the power of administrative law judges
in TTB-related matters, TTB is correcting that section to state that
those judges make ``initial decisions'' in suspension, revocation, or
annulment proceedings against TTB-issued permits rather than final
decisions. This correction makes Sec. 71.97(h) consistent with 27 CFR
71.78 and 71.79. TTB believes that a 1985 revision of Sec. 71.97(h)
inadvertently dropped the words ``initial decisions'' from that
paragraph. See T.D. ATF-199, published in the Federal Register on March
6, 1985, at 50 FR 9152, 9197. In addition, TTB is correcting the
paragraph formatting of Sec. 71.97 to conform that section to current
CFR format requirements; the text of section is unchanged except for
the correction to paragraph (h) noted above.
Finally, in 27 CFR 71.116, which concerns the TTB Administrator's
review of application proceedings, TTB is updating references to the
``Under Secretary of the Treasury'' with references to ``Assistant
Secretary for Tax Policy.'' The current text refers to the Under
Secretary for Enforcement, a position that no longer exists within the
Department of the Treasury, and the duties of that former position
relevant to TTB have been delegated to the Assistant Secretary for Tax
Policy. TTB is also updating gender exclusive references in this
section and is removing the statutory authority statement at the end of
the section as it cites several firearms-related laws that no longer
apply to TTB. The Bureau believes that the general statutory
authorities cited for part 71, as amended in this document, support the
regulatory provisions of Sec. 71.116, and, as such, there is no need
for a separate section-level authority citation. As with the other
technical amendments in this document, these technical amendments do
not affect the requirements of that section.
Regulatory Analysis and Notices
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply.
Executive Order 12866
It has been determined that this technical correction final rule is
not a significant regulatory action as defined in Executive Order 12866
of September 30, 1993. Therefore, a regulatory assessment is not
necessary.
Paperwork Reduction Act
The Office of Management and Budget (OMB) has previously reviewed,
approved, and assigned control numbers to the collections of
information contained in certain regulations amended in this final rule
in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507). 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 OMB. The technical corrections
contained in this document do not add any new or affect the existing
requirements or estimated burden of any established TTB information
collection, recordkeeping, or labeling requirement.
[[Page 87934]]
Inapplicability of Prior Notice and Public Comment Procedures and
Delayed Effective Date
TTB is issuing this final rule without prior notice and opportunity
for public comment pursuant to authority under section 4(a) of the
Administrative Procedure Act, as amended (APA) (5 U.S.C. 553(b)(B)).
That provision authorizes an agency to issue a rule without prior
notice when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' In
this final rule, TTB is merely making technical corrections to the TTB
regulations, which do not change the requirements or TTB's
interpretation of any regulation and do not change any TTB information
collection, recordkeeping, or labeling requirement. Therefore, TTB
finds that prior notice and opportunity for comment is unnecessary.
List of Subjects
27 CFR Part 1
Administrative practice and procedure, Alcohol and alcoholic
beverages.
27 CFR Part 4
Advertising, Alcohol and alcoholic beverages, Exports, Imports,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements, Wine.
27 CFR Part 5
Advertising, Alcohol and alcoholic beverages, Exports, Imports,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.
27 CFR Part 6
Alcohol and alcoholic beverages, Trade practices.
27 CFR Part 8
Alcohol and alcoholic beverages, Trade practices.
27 CFR Part 9
Wine.
27 CFR Part 10
Alcohol and alcoholic beverages, Trade practices.
27 CFR Part 11
Alcohol and alcoholic beverages, Trade practices.
27 CFR Part 13
Administrative practice and procedure, Alcohol and alcoholic
beverages, Labeling.
27 CFR Part 16
Alcohol and alcoholic beverages, Consumer protection, Health,
Labeling, Penalties.
27 CFR Part 17
Administrative practice and procedure, Claims, Cosmetics, Drugs,
Excise taxes, Exports, Imports, Liquors, Packaging and containers,
Reporting and recordkeeping requirements, Spices and flavorings, Surety
bonds.
27 CFR Part 18
Alcohol and alcoholic beverages, Fruits, Reporting and
recordkeeping requirements, Spices and flavorings.
27 CFR Part 19
Alcohol and alcoholic beverages, Claims, Excise taxes, Exports,
Gasohol, Imports, Labeling, Packaging and containers, Reporting and
recordkeeping requirements, Research, Security measures, Stills, Surety
bonds, Vinegar, Warehouses.
27 CFR Part 20
Alcohol and alcoholic beverages, Claims, Cosmetics, Excise taxes,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements, Surety bonds.
27 CFR Part 21
Alcohol and alcoholic beverages.
27 CFR Part 22
Alcohol and alcoholic beverages, Excise taxes, Reporting and
recordkeeping requirements, Surety bonds.
27 CFR Part 24
Claims, Excise taxes, Exports, Labeling, Liquors, Packaging and
containers, Reporting and recordkeeping requirements, Surety bonds,
Wine.
27 CFR Part 25
Beer, Claims, Excise taxes, Exports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements, Surety bonds.
27 CFR Part 26
Alcohol and alcoholic beverages, Claims, Excise taxes, Exports,
Imports, Packaging and containers, Puerto Rico, Reporting and
recordkeeping requirements, Surety bonds, Virgin Islands.
27 CFR Part 27
Alcohol and alcoholic beverages, Excise taxes, Exports, Imports,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements, Surety bonds.
27 CFR Part 28
Aircraft, Alcohol and alcoholic beverages, Armed forces, Claims,
Excise taxes, Exports, Foreign trade zones, Labeling, Packaging and
containers, Reporting and recordkeeping requirements, Surety bonds,
Vessels, Warehouses.
27 CFR Part 29
Alcohol and alcoholic beverages, Reporting and recordkeeping
requirements, Stills.
27 CFR Part 30
Liquors, Scientific equipment.
27 CFR Part 31
Alcohol and alcoholic beverages, Reporting and recordkeeping
requirements.
27 CFR Part 40
Cigars and cigarettes, Claims, Excise taxes, Imports, Labeling,
Packaging and containers, Reporting and recordkeeping requirements,
Surety bonds, Tobacco.
27 CFR Part 41
Cigars and cigarettes, Claims, Excise taxes, Imports, Labeling,
Packaging and containers, Puerto Rico, Reporting and recordkeeping
requirements, Surety bonds, Tobacco, Virgin Islands, Warehouses.
27 CFR Part 44
Aircraft, Armed forces, Cigars and cigarettes, Claims, Excise
taxes, Exports, Foreign trade zones, Labeling, Packaging and
containers, Reporting and recordkeeping requirements, Surety bonds,
Tobacco, Vessels, Warehouses.
27 CFR Part 45
Authority delegations (Government agencies), Cigars and cigarettes,
Excise taxes, Labeling, Packaging and containers, Reporting and
recordkeeping requirements, Tobacco.
27 CFR Part 46
Cigars and cigarettes, Claims, Excise taxes, Packaging and
containers, Penalties, Reporting and recordkeeping requirements,
Seizures and forfeitures, Surety bonds, Tobacco.
27 CFR Part 53
Arms and munitions, Excise taxes, Exports, Imports, Reporting and
recordkeeping requirements.
27 CFR Part 70
Administrative practice and procedure, Claims, Excise taxes,
Freedom of information, Penalties, Reporting and recordkeeping
requirements, Surety bonds.
[[Page 87935]]
27 CFR Part 71
Administrative practice and procedure, Alcohol and alcoholic
beverages, Tobacco.
27 CFR Part 72
Administrative practice and procedure, Alcohol and alcoholic
beverages, Arms and munitions, Seizures and forfeitures, Surety bonds,
Tobacco.
Amendments to the Regulations
For the reasons discussed in the preamble, 27 CFR chapter I is
amended as follows:
PART 1--BASIC PERMIT REQUIREMENTS UNDER THE FEDERAL ALCOHOL
ADMINISTRATION ACT, NONINDUSTRIAL USE OF DISTILLED SPIRITS AND
WINE, BULK SALES AND BOTTLING OF DISTILLED SPIRITS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 27 U.S.C. 203, 204, 206, 211 unless otherwise noted.
Sec. Sec. 1.3 and 1.4 [Amended]
0
2. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place, the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
1.3(b)...................... http://www.ttb.gov.. https://www.ttb.gov.
1.3(b)...................... Room 1516........... Room 8970.
1.4......................... http://www.ttb.gov.. https://www.ttb.gov.
1.4......................... Room 1516........... Room 8970.
------------------------------------------------------------------------
PART 4--LABELING AND ADVERTISING OF WINE
0
3. The authority citation for part 4 continues to read as follows:
Authority: 27 U.S.C. 205, unless otherwise noted.
Sec. Sec. 4.3, 4.4, 4.7, 4.20, 4.25, 4.32b, 4.33, and 4.39 [Amended]
0
4. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
4.3(b)...................... http://www.ttb.gov.. https://www.ttb.gov.
4.3(b)...................... Room 1516........... Room 8970.
4.4......................... Administator's...... Administrator's.
4.4......................... http://www.ttb.gov.. https://www.ttb.gov.
4.4......................... Room 1516........... Room 8970.
4.7 introductory text, in FAA Act............. Federal Alcohol
the first sentence. Administration Act
(FAA Act).
4.20, in the first sentence. the act............. the Federal Alcohol
Administration Act.
4.25(e)(3)(i)............... part 9 of this title part 9 of this
chapter.
4.32b(d)(1)................. http://www.ttb.gov.. https://www.ttb.gov.
4.33(c)..................... or his predecessors. or their
predecessors.
4.39(a)(6), in the last him or his that person or their
sentence. predecessors. predecessors.
------------------------------------------------------------------------
0
5. Section 4.10 is amended by removing the definition of ``Act'' and
revising the definitions of ``Pure condensed must'' and ``Sugar''.
The revisions read as follows:
Sec. 4.10 Meaning of terms.
* * * * *
Pure condensed must. The dehydrated juice or must of sound, ripe
grapes, or other fruit or agricultural products, concentrated to not
more than 80[deg] (Balling), the composition thereof remaining
unaltered except for removal of water.
* * * * *
Sugar. Pure cane, beet, or dextrose sugar containing, respectively,
not less than 95 percent of actual sugar calculated on a dry basis.
* * * * *
PART 5--LABELING AND ADVERTISING OF DISTILLED SPIRTS
0
6. The authority citation for part 5 continues to read as follows:
Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 205 and 207.
Sec. 5.235 [Amended]
0
7. Amend Sec. 5.235 in paragraph (a)(7)(ii) by removing the word
``from'' and adding in its place the word ``for''.
PART 6--``TIED-HOUSE''
0
8. The authority citation for part 6 continues to read as follows:
Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C.
3504(h).
Sec. Sec. 6.5, 6.21, and 6.96 [Amended]
0
9. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
6.5......................... http://www.ttb.gov.. https://www.ttb.gov.
6.5......................... Room 1516........... Room 8970.
6.21(b)..................... his business........ their business.
[[Page 87936]]
6.96(b)..................... particiption........ participation.
------------------------------------------------------------------------
PART 8--EXCLUSIVE OUTLETS
0
10. The authority citation for part 8 continues to read as follows:
Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C.
3504(h).
0
11. Section 8.5 is amended by revising the last sentence to read as
follows:
Sec. 8.5 Delegations of the Administrator.
* * * You may obtain a copy of this order on the TTB website
(https://www.ttb.gov) or by mailing a request to the Alcohol and
Tobacco Tax and Trade Bureau, National Revenue Center, 550 Main Street,
Room 8970, Cincinnati, OH 45202.
PART 9--AMERICAN VITICULTURAL AREAS
0
12. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Sec. Sec. 9.3, 9.30, 9.36, 9.42, 9.66, 9.78, 9.98, 9.103, 9.108,
9.109, 9.110, 9.117, 9.120, 9.132, 9.135, 9.146, 9.207, 9.210, and
9.256 [Amended]
0
13. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
9.3......................... http://www.ttb.gov.. https://www.ttb.gov.
9.3......................... Room 1516........... Room 8970.
9.30(c)(3).................. 714-foot............ 741-foot.
9.36(c)(9).................. countour............ contour.
9.42(c)(1).................. southest coner...... southeast corner.
9.66(c)(29)................. Vally............... Valley.
9.78(c)(4).................. knownlocally........ known locally.
9.98(c)(61)................. boundry............. boundary.
9.98(c)(77)................. acros............... across.
9.103(b)(14)................ mintue.............. minute.
9.103(c)(1)................. Routh............... Route.
9.108(c)(2)(xvi)............ pases............... passes.
9.109(c)(1)................. northermost......... northernmost.
9.110(c)(2)(x).............. following........... following.
9.117(c)(6)................. foor................ foot.
9.120(c)(9)................. stright............. straight.
9.132(c) introductory text.. Valey............... Valley.
9.135(c)(2), second sentence boundry............. boundary.
9.146(c)(4)................. powerplant.......... power plant.
9.207(c)(21)................ north............... southeasterly.
9.210(b) introductory text.. United Stages....... United States.
9.256(c)(17)................ southeast........... southwest.
------------------------------------------------------------------------
0
14. Amend Sec. 9.11 by revising paragraph (b) and adding an authority
citation at the end of the section to read as follows:
Sec. 9.11 Submission of AVA petitions.
* * * * *
(b) How and where to submit an AVA petition. The AVA petition may
be sent to TTB via the U.S. Postal Service or a private delivery
service. A petition sent via the U.S. Postal Service should be
addressed to: Regulations and Rulings Division, Alcohol and Tobacco Tax
and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. A
petition sent via a private delivery service should be directed to:
Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Room 300 East, Washington, DC 20005.
* * * * *
(Approved by the Office of Management and Budget under control number
1513-0127)
0
15. Amend Sec. 9.12 by adding an authority citation at the end of the
section to read as follows:
Sec. 9.12 AVA petition requirements.
* * * * *
(Approved by the Office of Management and Budget under control number
1513-0127)
0
16. Amend Sec. 9.252 by revising paragraphs (c)(2), (3), and (9) to
read as follows:
Sec. 9.252 Eagle Foothills.
* * * * *
(c) * * *
(2) From the beginning point, proceed north along the western
boundary of section 31 to the southwest corner of section 30, T6N/R1W;
then
(3) Proceed north-northeast in a straight line to the marked 3,109-
foot elevation point near the southwest corner of section 30, T6N/R1W;
then
* * * * *
(9) Proceed north along the R1W range line to its first
intersection with the 3,400-foot elevation contour; then
* * * * *
PART 10--COMMERCIAL BRIBERY
0
17. The authority citation for part 10 continues to read as follows:
Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205; 44 U.S.C.
3504(h).
0
18. Section 10.5 is amended by revising the last sentence to read as
follows:
Sec. 10.5 Delegations of the Administrator.
* * * You may obtain a copy of this order on the TTB website
(https://www.ttb.gov) or by mailing a request to the Alcohol and
Tobacco Tax and Trade Bureau, National Revenue Center, 550 Main Street,
Room 8970, Cincinnati, OH 45202.
[[Page 87937]]
PART 11--CONSIGNMENT SALES
0
19. The authority citation for part 11 continues to read as follows:
Authority: 15 U.S.C. 49-50; 27 U.S.C. 202 and 205.
0
20. Section 11.5 is amended by revising the last sentence to read as
follows:
Sec. 11.5 Delegations of the Administrator.
* * * You may obtain a copy of this order on the TTB website
(https://www.ttb.gov) or by mailing a request to the Alcohol and
Tobacco Tax and Trade Bureau, National Revenue Center, 550 Main Street,
Room 8970, Cincinnati, OH 45202.
PART 13--LABELING PROCEEDINGS
0
21. The authority citation for part 13 continues to read as follows:
Authority: 27 U.S.C 205(e), 26 U.S.C. 5301 and 7805.
Sec. Sec. 13.2, 13.11, 13.20, and 13.61 [Amended]
0
22. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
13.2........................ http://www.ttb.gov.. https://www.ttb.gov.
13.2........................ Room 1516........... Room 8970.
13.11, in the definition of project............. product.
``Certificate of label
approval''.
13.20(b).................... http://www.ttb.gov.. https://www.ttb.gov.
13.20(b).................... Room 1516........... Room 8970.
13.61(b).................... http://www.ttb.gov.. https://www.ttb.gov.
------------------------------------------------------------------------
PART 16--ALCOHOLIC BEVERAGE HEALTH WARNING STATEMENT
0
23. The authority citation for part 16 continues to read as follows:
Authority: 27 U.S.C. 205, 215, 218; 28 U.S.C. 2461 note.
Sec. 16.33 [Amended]
0
24. In Sec. 16.33, amend paragraph (a) by removing the website address
``https://www.ttb.gov/regulation_guidance/ablapenalty.html'' and adding
in its place the website address ``https://www.ttb.gov/laws-regulations-and-public-guidance/labeling-act-penalty''.
PART 17--DRAWBACK ON TAXPAID DISTILLED SPIRITS USED IN
MANUFACTURING NONBEVERAGE PRODUCTS
0
25. The authority citation for part 17 continues to read as follows:
Authority: 26 U.S.C. 5010, 5111-5114, 5123, 5206, 5273, 6065,
6091, 6109, 7213, 7652, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.
Sec. Sec. 17.2, 17.4, 17.7, 17.23, 17.163, 17.181, and 17.183
[Amended]
0
26. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
17.2(b)..................... http://www.ttb.gov.. https://www.ttb.gov.
17.2(b)..................... Room 1516........... Room 8970.
17.4(e) heading and text.... 1513-0130........... 1513-0030.
17.7........................ http://www.ttb.gov.. https://www.ttb.gov.
17.7........................ Room 1516........... Room 8970.
17.23(a).................... http://www.irs.gov.. https://www.irs.gov.
17.163(c)................... taxpaid through taxpaid through U.S.
Customs. Customs and Border
Protection (CBP).
17.163(c)................... Customs Forms 7501 CBP Forms 7501 and
and 7505. 7505.
17.181, in the third of the U.S. Customs of U.S. Customs and
sentence. Service. Border Protection.
17.183(a), at the end of the appropriate TTB..... appropriate TTB
seventh sentence. officer.
------------------------------------------------------------------------
0
27. Amend Sec. 17.103 by revising paragraph (c) and removing the
parenthetical authority citation at the end of the section to read as
follows:
Sec. 17.103 Bonds obtained from surety companies.
* * * * *
(c) Treasury Department Circular 570 is published in the Federal
Register annually on the first business day in July, and supplemental
changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
0
28. Revise Sec. 17.106 to read as follows:
Sec. 17.106 Consents of surety.
The principal and surety shall execute on form TTB F 5000.18,
Change in Bond (Consent of Surety), any consents of surety to changes
in the terms of bonds. Form TTB F 5000.18 shall be executed with the
same formality and proof of authority as is required for the execution
of bonds.
PART 18--PRODUCTION OF VOLATILE FRUIT-FLAVOR CONCENTRATE
0
29. The authority citation for part 18 continues to read as follows:
Authority: 26 U.S.C. 5001, 5171-5173, 5178, 5179, 5203, 5351,
5354, 5356, 5511, 5552, 6065, 6109, 7805.
Sec. Sec. 18.12, 18.13, 18.14, 18.16, 18.17, 18.21, 18.22, 18.24,
18.25, 18.26, 18.27, 18.31, 18.32, 18.33, 18.34, 18.35, 18.36, 18.37,
18.38, 18.42, 18.51, 18.52, 18.54, 18.55, 18.56, 18.61, 18.62, and
18.63 [Amended]
0
30. In the following table, for each section indicated in the left
column, remove the text indicated in the middle
[[Page 87938]]
column from wherever it appears in the section and add in its place the
text indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
18.12....................... http://www.ttb.gov.. https://www.ttb.gov.
18.12....................... Room 1516........... Room 8970.
18.13(a) introductory text.. he finds............ that officer finds.
18.13, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.14, in authority citation 1512-0046........... 1513-0006.
at the end of the section.
18.16(b).................... http://www.ttb.gov.. https://www.ttb.gov.
18.16(b).................... Room 1516........... Room 8970.
18.17, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.21, the first sentence... Form 27-G (5520.3).. form TTB F 5520.3.
18.21, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.22, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.24, in the introductory Form 27-G (5520.3).. form TTB F 5520.3.
text.
18.24, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.25(c).................... for him............. for that party.
18.25(d).................... for him............. for that party.
18.26, in the first sentence Form 1534 (5000.8).. a power of attorney
on form TTB F
5000.8.
18.26, in the authority 1512-0079........... 1513-0014.
citation at the end of the
section.
18.27, in the first 1512-0046........... 1513-0006.
authority citation at the
end of the section.
18.31....................... Form 27-G (5520.3).. form TTB F 5520.3.
18.31, in the first 1512-0046........... 1513-0006.
authority citation at the
end of the section.
18.32, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.33, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.34, in the second his own name........ their own name.
sentence.
18.34, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.35, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.36, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.37, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.38....................... Form 27-G (5520.3).. form TTB F 5520.3.
18.38, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.42, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.51, in the authority 1512-0098........... 1513-0022.
citation at the end of the
section.
18.52, in the authority 1512-0046........... 1513-0006.
citation at the end of the
section.
18.54, in the authority 1512-0098........... 1513-0022.
citation at the end of the
section.
18.55, in the authority 1512-0098........... 1513-0022.
citation at the end of the
section.
18.56, in the authority 1512-0098........... 1513-0022.
citation at the end of the
section.
18.62, in the first 1512-0098........... 1513-0022.
authority citation at the
end of the section.
18.63, in the first 1512-0098........... 1513-0022.
authority citation at the
end of the section.
------------------------------------------------------------------------
0
31. Amend Sec. 18.23 by revising the authority citation at the end of
the section to read as follows:
Sec. 18.23 Registry of stills.
* * * * *
(Approved by the Office of Management and Budget under control number
1513-0006)
0
32. Amend Sec. 18.25 by adding an authority citation at the end of the
section to read as follows:
Sec. 18.25 Organizational documents.
* * * * *
(Approved by the Office of Management and Budget under control number
1513-0006)
[[Page 87939]]
0
33. Amend Sec. 18.39 by revising paragraphs (a) and (c) and the
authority citation at the end of the section to read as follows:
Sec. 18.39 Qualification to alternate a volatile fruit-flavor
concentrate plant and a distilled spirits plant.
* * * * *
(a) Forms TTB F 5520.3 and TTB F 5110.41 to cover the proposed
alternation of premises;
* * * * *
(c) A bond (TTB F 5110.56) or a consent of surety (TTB F 5000.18)
to cover the proposed alternation of premises if the proprietor is
required to hold a bond under Sec. 19.151 of this chapter to cover the
distilled spirits plant premises subject to alternation.
(Approved by the Office of Management and Budget under control numbers
1513-0006, 1513-0013, 1513-0048, and 1513-0125)
0
34. Amend Sec. 18.40 by revising paragraphs (a) and (c) and the
authority citation at the end of the section to read as follows:
Sec. 18.40 Qualification to alternate volatile fruit-flavor
concentrate plant and bonded wine cellar.
* * * * *
(a) Forms TTB F 5520.3 and TTB F 5120.25 to cover the proposed
alternation of premises;
* * * * *
(c) A bond (TTB F 5120.36) or a consent of surety (TTB F 5000.18)
to cover the proposed alternation of premises if the proprietor is
required to hold a bond under Sec. 24.146 of this chapter to cover the
bonded wine cellar premises subject to alternation.
(Approved by the Office of Management and Budget under control numbers
1513-0006, 1513-0009, and 1513-0013)
0
35. Amend Sec. 18.61 by revising paragraph (b) and the authority
citation at the end of the section to read as follows:
Sec. 18.61 Records and reports.
* * * * *
(b) Records. (1) Each proprietor shall keep such records relating
to or connected with the production, transfer, or return of concentrate
and the juice or mash from which it is produced, as will:
(i) Enable any appropriate TTB officer to verify operations and to
ascertain whether there has been compliance with law and regulations;
and
(ii) Enable the proprietor to prepare Form 1695(5520.2).
(2) A proprietor need not prepare a specific record to meet the
record requirements of this part. Any book, paper, invoice, bill of
lading, or similar document that the proprietor prepares or receives
for other purposes may be used, if all required information is shown.
* * * * *
(Approved by the Office of Management and Budget under control number
1513-0022)
0
36. Amend Sec. 18.65 by:
0
a. Removing the words ``Form 1695(5520.2)'' and adding in their place
the words ``form TTB F 5520.2''; and
0
b. Adding an authority citation to the end of the section.
The addition reads as follows:
Sec. 18.65 Annual report.
* * * * *
(Approved by the Office of Management and Budget under control number
1513-0022).
PART 19--DISTILLED SPIRITS PLANTS
0
37. The authority citation for part 19 continues to read as follows:
Authority: 19 U.S.C. 81c, 1311; 26 U.S.C. 5001, 5002, 5004-
5006, 5008, 5010, 5041, 5061, 5062, 5066, 5081, 5101, 5111-5114,
5121-5124, 5142, 5143, 5146, 5148, 5171-5173, 5175, 5176, 5178-5181,
5201-5204, 5206, 5207, 5211-5215, 5221-5223, 5231, 5232, 5235, 5236,
5241-5243, 5271, 5273, 5301, 5311-5313, 5362, 5370, 5373, 5501-5505,
5551-5555, 5559, 5561, 5562, 5601, 5612, 5682, 6001, 6065, 6109,
6302, 6311, 6676, 6806, 7011, 7510, 7805; 31 U.S.C. 9301, 9303,
9304, 9306.
Sec. 19.3, 19.14, 19.15, 19.116, 19.130, 19.132, 19.142, 19.235,
19.240, 19.243, 19.314, 19.348, 19.403, 19.404, 19.407, 19.452, 19.453,
19.511, 19.512, 19.513, 19.517, 19.519, 19.693, and 19.746 [Amended]
0
38. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
19.3, for each place the part................ Part.
word ``part'' appears (18
times).
19.14....................... http://www.ttb.gov.. https://www.ttb.gov.
19.14....................... Room 1516........... Room 8970.
19.15(b).................... http://www.ttb.gov.. https://www.ttb.gov.
19.116(a)(2)(iii)........... Sec. Sec. 5.28 Sec. Sec. 5.194
and 20.63. and 20.63.
19.130(b)................... TTB Officer......... TTB officer.
19.132(a)(2)(iii)........... Sec. Sec. 5.28 Sec. Sec. 5.194
and 20.63. and 20.63.
19.142(a)................... by Customs and...... by U.S. Customs and.
19.235(f), in the definition 26 CFR 301.7702.12.. 26 CFR 301.7701-12.
of ``Taxpayer''.
19.240, in the paragraph ETF................. EFT.
(a)(1) heading.
19.240(e)................... by Customs and...... by U.S. Customs and.
19.243(a)................... http://www.irs.gov.. https//www.irs.gov.
19.314...................... Sec. Sec. 5.26 Sec. Sec. 5.192
and 5.27. and 5.193.
19.348 introductory text.... Sec. Sec. 5.26 Sec. Sec. 5.192
and 5.27. and 5.193.
19.403(a), in the first his plant........... their plant.
sentence.
19.403(c)................... his files........... their files.
19.404...................... his own............. their own.
19.407(a)(3)................ his files........... their files.
19.452(a) introductory text. by him.............. by the proprietor.
19.453, in the first his bonded.......... their bonded.
sentence.
19.511...................... subpart E........... subpart K.
19.512...................... Sec. 5.46......... Sec. 5.202.
19.513(c)................... his premises........ their premises.
19.517(a)................... Sec. 5.34......... Sec. 5.64.
19.517(b)................... Sec. 5.35......... subpart I of part 5.
19.517(c)................... Sec. 5.37(a)...... Sec. 5.65.
19.517(d)................... Sec. 5.36(d)...... Sec. 5.66(f).
[[Page 87940]]
19.517(g)................... Sec. 5.40......... Sec. 5.74.
19.517(h)................... Sec. 5.40......... Sec. 5.74.
19.517(j)................... Sec. 5.39......... Sec. Sec. 5.71-
5.73.
19.519(d)................... Sec. 5.22......... Sec. 5.63(a)(2).
19.693(b), in the third his operations...... their operations.
sentence.
19.693(c)(3)................ his receipt......... their receipt.
19.746(d)................... http:// https://www.ttb.gov.
www.ttb.treas.gov.
------------------------------------------------------------------------
0
39. Amend Sec. 19.1 by removing the definition of ``Secretary'' and
adding a definition for ``Secretary of the Treasury or Secretary'' in
its place to read as follows:
Sec. 19.1 Definitions.
* * * * *
Secretary of the Treasury or Secretary. The Secretary of the
Treasury or a delegate of the Secretary.
* * * * *
0
40. Amend Sec. 19.153 by revising paragraph (b) and removing the
authority citation at the end of the section.
The revision reads as follows:
Sec. 19.153 Bonds guaranteed by a corporate surety.
* * * * *
(b) How to find an approved surety. The Department of the Treasury
publishes a list of approved corporate surety companies in Treasury
Department Circular 570, Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies. Treasury Department Circular 570 is published in the Federal
Register annually on the first business day in July, and supplemental
changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
0
41. Amend Sec. 19.699 by revising paragraph (b) and removing the
authority citation at the end of the section.
The revision reads as follows:
Sec. 19.699 General bond requirements.
* * * * *
(b) Corporate surety. A company that issues bonds is called a
``corporate surety.'' Proprietors must obtain the surety bonds required
by this subpart from a corporate surety approved by the Secretary of
the Treasury. The Department of the Treasury publishes a list of
approved corporate surety companies in Treasury Department Circular
570, Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies. Treasury
Department Circular 570 is published in the Federal Register annually
on the first business day in July, and supplemental changes are
published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
* * * * *
0
42. Amend Sec. 19.761 by adding a heading to the table following
paragraph (b) and adding in numerical order an entry for ``19.455'' to
read as follows:
Sec. 19.761 OMB control numbers assigned under the Paperwork
Reduction Act.
* * * * *
(b) * * *
Table 1 to Paragraph (b)
------------------------------------------------------------------------
Current OMB
Section where contained control No.
------------------------------------------------------------------------
* * * * *
19.455.................................................. 1513-0042
* * * * *
------------------------------------------------------------------------
* * * * *
PART 20--DISTRIBUTION AND USE OF DENATURED ALCOHOL AND RUM
0
43. The authority citation for part 20 is revised to read as follows:
Authority: 26 U.S.C. 5001, 5206, 5214, 5271-5275, 5311, 5552,
5555, 5607, 6065, 6109, 7805.
Sec. Sec. 20.20 and 20.21 [Amended]
0
44. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
20.20....................... http://www.ttb.gov.. https://www.ttb.gov.
20.20....................... Room 1516........... Room 8970.
20.21(b).................... http://www.ttb.gov.. https://www.ttb.gov.
20.21(b).................... Room 1516........... Room 8970.
------------------------------------------------------------------------
0
45. Amend Sec. 20.11 by removing the definition of ``Secretary'' and
adding a definition for ``Secretary of the Treasury or Secretary'' in
its place to read as follows:
Sec. 20.11 Meaning of terms.
* * * * *
Secretary of the Treasury or Secretary. The Secretary of the
Treasury or a delegate of the Secretary.
* * * * *
PART 21--FORMULAS FOR DENATURED ALCOHOL AND RUM
0
46. The authority citation for part 21 continues to read as follows:
Authority: 5 U.S.C. 552(a); 26 U.S.C. 5242, 7805.
Sec. Sec. 21.2, 21.6, and 21.7 [Amended]
0
47. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
[[Page 87941]]
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
21.2(b)..................... http://www.ttb.gov.. https://www.ttb.gov.
21.2(b)..................... Room 1516........... Room 8970.
21.3(b)..................... with him............ with such officer.
21.6(a)..................... http:// https://
www.archives.gov/ www.archives.gov/
federal_register/ federal-register/
code_of_federal_reg cfr/ibr-
ulations/ locations.html.
ibr_locations.html.
21.6(b)..................... http:// https://
www.archives.gov/ www.archives.gov/
federal_register/ federal-register/
code_of_federal_reg cfr/ibr-
ulations/ locations.html.
ibr_locations.html.
21.6(c)..................... http:// https://
www.archives.gov/ www.archives.gov/
federal_register/ federal-register/
code_of_federal_reg cfr/ibr-
ulations/ locations.html.
ibr_locations.html.
21.7........................ http://www.ttb.gov.. https://www.ttb.gov.
21.7........................ Room 1516........... Room 8970.
------------------------------------------------------------------------
Sec. 21.151 [Amended]
0
48. Amend Sec. 21.151 in the table by removing the entry for ``Green
soap, U.S.P''.
PART 22--DISTRIBUTION AND USE OF TAX-FREE ALCOHOL
0
49. The authority citation for part 22 continues to read as follows:
Authority: 26 U.S.C. 5001, 5121, 5123, 5206, 5214, 5271-5275,
5311, 5552, 5555, 6056, 6061, 6065, 6109, 6151, 6806, 7805; 31
U.S.C. 9304, 9306.
0
50. Amend Sec. 22.3 in the list of related regulations by revising the
entry for 31 CFR Part 225 to read as follows:
Sec. 22.3 Related regulations.
* * * * *
31 CFR Part 225--Acceptance of Bonds Secured by Government Obligations
in Lieu of Bonds with Sureties.
* * * * *
Sec. Sec. 22.20, 22.21, 22.93, and 22.106 [Amended]
0
51. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
22.20....................... http://www.ttb.gov.. https://www.ttb.gov.
22.20....................... Room 1516........... Room 8970.
22.21(b).................... http://www.ttb.gov.. https://www.ttb.gov.
22.21(b).................... Room 1516........... Room 8970.
22.93(b)(1)................. alchohol............ alcohol.
22.106, in the third coumpounded......... compounded.
sentence.
------------------------------------------------------------------------
0
52. Amend Sec. 22.11 as follows:
0
a. In the definition of ``Executed under penalties of perjury,'' remove
the word ``penaltities'' and add in its place the word ``penalties'';
and
0
b. Remove the definition of ``Secretary'' and add a definition for
``Secretary of the Treasury or Secretary'' in its place.
The addition reads as follows:
Sec. 22.11 Meaning of terms.
* * * * *
Secretary of the Treasury or Secretary. The Secretary of the
Treasury or a delegate of the Secretary.
* * * * *
PART 24--WINE
0
53. The authority citation for part 24 continues to read as follows:
Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042,
5044, 5061, 5062, 5121, 5122-5124, 5173, 5206, 5214, 5215, 5351,
5353, 5354, 5356, 5357, 5361, 5362, 5364-5373, 5381-5388, 5391,
5392, 5511, 5551, 5552, 5661, 5662, 5684, 6065, 6091, 6109, 6301,
6302, 6311, 6651, 6676, 7302, 7342, 7502, 7503, 7606, 7805, 7851; 31
U.S.C. 9301, 9303, 9304, 9306.
Sec. Sec. 24.19, 24.20, 24.62, 24.137, 24.241, 24.246, 24.247, 24.302,
and 24.323 [Amended]
0
54. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
24.19....................... http://www.ttb.gov.. https://www.ttb.gov.
24.19....................... Room 1516........... Room 8970.
24.20(b).................... http://www.ttb.gov.. https://www.ttb.gov.
24.20(b).................... Room 1516........... Room 8970.
24.62, in the last sentence. 26 U.S.C. 6861...... 26 U.S.C. 6862.
24.62, in the authority 1512-0492........... 1513-0088.
citation at the end of the
section.
24.137(a), in the first and Customs Bonded customs bonded
second sentences. Warehouse. warehouse.
24.241(c)................... http:// https://
www.archives.gov/ www.archives.gov/
federal_register/ federal-register/
code_of_federal_reg cfr/ibr-
ulations/ locations.html.
ibr_locations.html.
24.302, in the second 1513-XXXX........... 1513-0139.
authority citation at the
end of the section.
24.323, in the first TTB F 5200.24....... TTB F 5000.24.
sentence.
------------------------------------------------------------------------
[[Page 87942]]
0
55. Amend Sec. 24.10 by removing the definition of ``Secretary'' and
adding a definition for ``Secretary of the Treasury or Secretary'' in
its place to read as follows:
Sec. 24.10 Meaning of terms.
* * * * *
Secretary of the Treasury or Secretary. The Secretary of the
Treasury or a delegate of the Secretary.
* * * * *
0
56. Amend Sec. 24.149 by revising paragraph (b) and removing the
authority citation at the end of the section.
The revision reads as follows:
Sec. 24.149 Corporate surety.
* * * * *
(b) Treasury Department Circular 570 is published in the Federal
Register annually on the first business day in July, and supplemental
changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
0
57. Amend Sec. 24.247 in the table by revising the entry for
``Carbohydrase (Glucoamylase, Amylogluco-sidase) to read as follows:
Sec. 24.247 Materials authorized for the treatment of distilling
material.
* * * * *
----------------------------------------------------------------------------------------------------------------
Materials Use Reference or limitation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Carbohydrase (Glucoamylase, Amylogluco- To convent starches to The amylase enzyme activity shall be
sidase). fermentable carbohydrates. derived from Aspergillus niger or
Aspergillus oryzae per FDA advisory
opinion dated 8/18/83 or from Rhizopus
oryzae per 21 CFR 173.130 or from
Rhizopus niveus per 21 CFR 173.110.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
58. Amend Sec. 24.250 by revising paragraph (b) and the authority
citation at the end of the section to read as follows:
Sec. 24.250 Application for use of new treating materials or
process.
* * * * *
(b) Data required. The application will include the following:
(1) The name and description of the material or process;
(2) The purpose, the manner, and the extent to which the material
or process is to be used together with any technical bulletin or other
pertinent information relative to the material or process;
(3) A sample, if a proposed material;
(4) Documentary evidence from the U.S. Food and Drug Administration
that the material is consistent with the food additive requirements
under the Federal Food, Drug, and Cosmetic Act for its intended purpose
in the amounts proposed for the particular treatment contemplated;
(5) The test results of any laboratory-scale pilot study conducted
by the winemaker in testing the material and an evaluation of the
product and of the treatment including the results of tests of the
shelf life of the treated wine;
(6) A tabulation of pertinent information derived from the testing
program conducted by the chemical manufacturer demonstrating the
function of the material or process;
(7) A list of all chemicals used in compounding the treating
material and the quantity of each component;
(8) The recommended maximum and minimum amounts, if any, of the
material proposed to be used in the treatment and a statement as to the
volume of water required, if any, to facilitate the addition of the
material or operation of the process; and
(9) Two 750-milliliter samples representative of the wine before
and after treatment. Information of a confidential or proprietary
nature to the manufacturer or supplier of the treating material or
process may be forwarded by the manufacturer or supplier to the
appropriate TTB officer with a reference to the application filed by
the winemaker. Information contained within the winemaker's application
can be disclosed to the public, subject to the limitations of 26 U.S.C.
6103 and 7213.
* * * * *
(Approved by the Office of Management and Budget under control numbers
1513-0057 and 1513-0115)
0
59. Amend Sec. 24.270 by revising paragraphs (c)(1) and (2) and
removing the authority citation at end of the section.
The revisions read as follows:
Sec. 24.270 Determination of tax.
* * * * *
(c) * * *
(1) Tax class 5041(b)(1). On still wines containing not more than
16 percent alcohol by volume, $1.07, per wine gallon;
(2) Tax class 5041(b)(2). On still wines containing more than 16
percent and not exceeding 21 percent alcohol by volume, $1.57 per wine
gallon;
* * * * *
0
60. Amend Sec. 24.272 by:
0
a. Revising the last sentence of paragraph (e);
0
b. Removing the first authority citation at the end of the section; and
0
c. In the second authority citation at the end of the section, removing
``1512-0467 and 1512-0492'' and adding in its place ``1513-0083 and
1513-0088''.
The revision reads as follows:
Sec. 24.272 Payment of tax by electronic fund transfer.
* * * * *
(e) * * * U.S. Customs and Border Protection (CBP) will provide the
proprietor with instructions for preparing EFT remittances for payments
to be made to CBP for payment of excise tax on imported wine.
* * * * *
Sec. 24.310 [Amended]
0
61. Amend Sec. 24.310 by:
0
a. Removing the words ``and alcohol content'' in the second sentence
and adding in their place the words ``and alcohol content or tax
class'';
0
b. Removing the first authority citation at the end of the section; and
0
c. In the second authority citation at the end of the section, removing
``1512-0298'' and adding in its place ``1513-0115''.
PART 25--BEER
0
62. The authority citation for part 25 continues to read as follows:
Authority: 19 U.S.C. 81c; 26 U.S.C. 5002, 5051-5054, 5056,
5061, 5121, 5122-5124, 5222, 5401-5403, 5411-5417, 5551, 5552, 5555,
5556, 5671, 5673, 5684, 6011, 6061, 6065, 6091, 6109, 6151, 6301,
6302, 6311, 6313, 6402, 6651, 6656, 6676, 6806, 7342, 7606, 7805; 31
U.S.C. 9301, 9303-9308.
[[Page 87943]]
Sec. Sec. 25.3, 25.6, 25.142, 25.166, 25.169, 25.191, 25.211, 25.232,
25.242, 25.251, 25.285, 25.286, and 25.291 [Amended]
0
63. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
25.3(b)..................... http://www.ttb.gov.. https://www.ttb.gov.
25.3(b)..................... Room 1516........... Room 8970.
25.6........................ http://www.ttb.gov.. https://www.ttb.gov.
25.6........................ Room 1516........... Room 8970.
25.142(b)(2), in the last offcer.............. officer.
sentence.
25.166(b)................... claim, Form 2635, claim using form TTB
(5620.8). F 5620.8,.
25.169(a)................... http://www.irs.gov.. https://www.irs.gov.
25.191...................... subpart Y of part 19 subpart X of part 19
of this chapter. of this chapter.
25.211(d)................... beween.............. between.
25.232...................... basis permit........ basic permit.
25.242(c), at the end of the lablels............. labels.
second sentence.
25.251(e)................... http:// https://
www.archives.gov/ www.archives.gov/
federal_register/ federal-register/
code_of_federal_reg cfr/ibr-
ulations/ locations.html.
ibr_locations.html.
25.285(a) in the first Form 5000.24........ form TTB F 5000.24.
sentence.
25.285(a) in the second Form 2635 (5620.8).. form TTB F 5620.8.
sentence.
25.286(a), in the first Form 2635 (Form form TTB F 5620.8.
sentence. 5620.8).
25.286(a) (four times)...... Form 5130.9......... form TTB F 5130.9.
25.291(b)(2)................ concurrenty......... concurrently.
------------------------------------------------------------------------
0
64. Amend Sec. 25.11 by removing the definition of ``Secretary'' and
adding a definition for ``Secretary of the Treasury or Secretary'' in
its place to read as follows:
Sec. 25.11 Meaning of terms.
* * * * *
Secretary of the Treasury or Secretary. The Secretary of the
Treasury or a delegate of the Secretary.
* * * * *
0
65. Amend Sec. 25.55 by revising paragraph (f)(2) introductory text to
read as follows:
Sec. 25.55 Formulas for fermented products.
* * * * *
(f) * * *
(2) You may request a determination from TTB on whether or not the
use of a process not listed in paragraph (a)(1) of this section will
require the filing of a formula or whether the use of a particular
coloring, flavoring, or food material may be exempted from the formula
filing requirement of paragraph (a)(3) or paragraph (a)(4) of this
section. You should mail your request to the Assistant Director,
Alcohol Labeling and Formulation Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
* * * * *
0
66. Amend Sec. 25.56 by revising paragraph (b) and removing the
authority citation at the end of the section.
The revision reads as follows:
Sec. 25.56 Filing of formulas.
* * * * *
(b) Where do I file a formula? File your formula with the Assistant
Director, Alcohol Labeling and Formulation Division, Alcohol and
Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC
20005.
0
67. Amend Sec. 25.77 by revising the first sentence and removing the
authority citation at the end of the section.
The revision reads as follows:
Sec. 25.77 Change in location.
When there is a change in location of the brewery, the brewer shall
file an amended form TTB F 5130.10, and also shall file a new bond on
form TTB F 5130.22 as required under Sec. 25.91 or a consent of surety
on form TTB F 5000.18 as required under Sec. 25.92, extending the
terms of an existing bond or continuation certificate to cover
operations at the new location. * * *
0
68. Amend Sec. 25.98 by:
0
a. Revising paragraph (c);
0
b. In paragraph (d), removing the words ``Circular No. 570'' and adding
in their place the words ``Circular 570''; and
0
c. Removing the authority citation at the end of the section.
The revision reads as follows:
Sec. 25.98 Surety or security.
* * * * *
(c) Availability of Circular 570. Treasury Department Circular 570
is published in the Federal Register annually on the first business day
in July, and supplemental changes are published periodically thereafter
(see https://www.federalregister.gov). The most recent circular and any
supplemental changes to it may be viewed on the Bureau of the Fiscal
Service website (see https://fiscal.treasury.gov).
* * * * *
0
69. Amend Sec. 25.165 by revising the last sentence of paragraph (e)
and removing the authority citation at the end of the section.
The revision reads as follows:
Sec. 25.165 Payment of tax by electronic fund transfer.
* * * * *
(e) * * * U.S. Customs and Border Protection (CBP) will provide the
taxpayer with instructions for preparing EFT remittances for payments
to be made to CBP.
PART 26--LIQUORS AND ARTICLES FROM PUERTO RICO AND THE VIRGIN
ISLANDS
0
70. The authority citation for part 26 continues to read as follows:
Authority: 19 U.S.C. 81c; 26 U.S.C. 5001, 5007, 5008, 5010,
5041, 5051, 5061, 5111-5114, 5121, 5122-5124, 5131-5132, 5207, 5232,
5271, 5275, 5301, 5314, 5555, 6001, 6038E, 6065, 6109, 6301, 6302,
6804, 7101, 7102, 7651, 7652, 7805; 27 U.S.C. 203, 205; 31 U.S.C.
9301, 9303, 9304, 9306.
Sec. Sec. 26.2, 26.3, 26.78, 26.87, 26.93, 26.102, 26.108, 26.114,
26.116, 26.126, 26.199b, 26.199c, 26.201a, and 26.266 [Amended]
0
71. In the following table, for each section indicated in the left
column, remove the text indicated in the middle
[[Page 87944]]
column from wherever it appears in the section and add in its place the
text indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
26.2(b)..................... http://www.ttb.gov.. https://www.ttb.gov.
26.2(b)..................... Room 1516........... Room 8970.
26.3........................ http://www.ttb.gov.. https://www.ttb.gov.
26.3........................ Room 1516........... Room 8970.
26.78, in the third sentence his delegate........ their delegate.
26.87, in the first sentence he shall............ they shall,.
(2 times).
26.87, in the second his delegate........ their delegate.
sentence.
26.93, in the last sentence. his delegate........ their delegate.
26.102, in the last sentence his delegate........ their delegate.
26.108, in the section 5100.51............. 5110.51.
heading.
26.108(c)................... his delegate........ their delegate.
26.114...................... Form 487B........... form TTB F 5170.7.
26.116, in the first the Secretary, or the Secretary or
sentence. his delegate, finds. their delegate
finds.
26.116, in the first he will execute his. they will execute
sentence. their.
26.116, in the third he will execute his. they will execute
sentence. their.
26.116, in the fourth he will withhold they will withhold
sentence. release. release.
26.126...................... paid to the U.S. paid to U.S. Customs
Customs authorities. and Border
Protection
authorities.
26.199b..................... he finds that the he or she finds that
applicant is in the applicant is in
compliance with law compliance with law
and regulations, he and regulations, he
will. or she will.
26.199c..................... of convenient....... for convenient.
26.201a(a) introductory text his duly............ the Governor's duly.
26.201a(b), in first his duly authorized the Governor's duly
sentence of the agents, are authorized agents,
undesignated paragraph concurred in by the are concurred in by
beginning with ``Provided''. Secretary of the the Secretary of
Treasury of the the Treasury of the
United States or United States or
his delegate. the Secretary's
delegate.
26.266...................... regulations. (19 CFR regulations (19 CFR
Ch. I). chapter I).
------------------------------------------------------------------------
0
72. Amend Sec. 26.11, by revising the definition of ``Virgin Islands
regulations'' and removing the authority citation at the end of the
section.
The revision reads as follows:
Sec. 26.11 Meaning of terms.
* * * * *
Virgin Islands regulations. Regulations adopted or issued by the
Governor of the Virgin Islands, or by the Governor's duly authorized
agents, with the concurrence of the Secretary of the Treasury of the
United States or the Secretary's delegate, under the provisions of 26
U.S.C. 5314, as amended, and Sec. 26.201a.
* * * * *
0
73. Revise Sec. 26.62 to read as follows:
Sec. 26.62 Corporate surety.
(a) Surety bonds may be given only with corporate sureties holding
certificates of authority from, and subject to the limitations
prescribed by, the Secretary of the Treasury of the United States, as
set forth in the current revision of U.S. Treasury Department Circular
570 (Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies).
(b) U.S. Treasury Department Circular 570 is published in the
Federal Register annually on the first business day in July, and
supplemental changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any
supplemental changes to it may be viewed on the United States Treasury
Department's Bureau of the Fiscal Service website (see https://fiscal.treasury.gov).
0
74. Amend Sec. 26.112a by:
0
a. Revising the last sentence of paragraph (e);
0
b. Revising the first authority citation at the end of the section; and
0
c. Removing the second authority citation at the end of the section.
The revisions read as follows:
Sec. 26.112a Payment of tax by electronic fund transfer.
* * * * *
(e) * * * U.S. Customs and Border Protection (CBP) will provide the
taxpayer with instructions for preparing EFT remittances for payments
to be made to CBP.
(Approved by the Office of Management and Budget under control
number 1513-0083)
0
75. Amend Sec. 26.267 by revising paragraphs (c) and (d) and the first
authority citation at the end of the section and removing the second
authority citation at the end of the section.
The revisions read as follows:
Sec. 26.267 Payment of tax by electronic fund transfer.
* * * * *
(c) Electronic fund transfer or EFT means any transfer of funds, as
defined in Sec. 26.11, in accordance with procedures established by
U.S. Customs and Border Protection (CBP).
(d) Each person who is required by this section to make remittances
by EFT shall make the EFT remittance in accordance with the
requirements of CBP.
(Approved by the Office of Management and Budget under Control
Number 1513-0083)
PART 27--IMPORTATION OF DISTILLED SPIRITS, WINES, AND BEER
0
76. The authority citation for part 27 continues to read as follows:
Authority: 5 U.S.C. 552(a), 19 U.S.C. 81c, 1202; 26 U.S.C.
5001, 5007, 5008, 5010, 5041, 5051, 5054, 5061, 5121, 5122-5124,
5201, 5205, 5207, 5232, 5273, 5301, 5313, 5382, 5555, 6038E, 6065,
6109, 6302, 7805.
Sec. Sec. 27.2, 27.3, 27.11, 27.48a, 27.60, 27.171, 27.202, 27.204,
27.209, and 27.264 [Amended]
0
77. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the
[[Page 87945]]
section and add in its place the text indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
27.2(b)..................... http://www.ttb.gov.. https://www.ttb.gov.
27.2(b)..................... Room 1516........... Room 8970.
27.3........................ http://www.ttb.gov.. https://www.ttb.gov.
27.3........................ Room 1516........... Room 8970.
27.11, in the definition of Customs Regulations the customs
``Class 8 Customs bonded (19 CFR, chapter I). regulations (19 CFR
warehouse''. chapter I).
27.48a(c)................... the U.S. Customs U.S. Customs and
Service. Border Protection.
27.48a(d)................... the U.S. Customs U.S. Customs and
Service. Border Protection.
27.60....................... Regulations 7 (27 27 CFR part 7.
CFR part 7).
27.171(a), in the first his plant........... their plant.
sentence.
27.171(a), in the last his liability....... their liability.
sentence.
27.202, in the first Sec. 5.47a........ Sec. 5.203.
sentence.
27.202, in the second subpart E........... subpart K.
sentence.
27.204(b)(2), in the first his premises........ their premises.
sentence.
27.204(b)(2), in the last TTB officer decision TTB officer's
sentence. decision.
27.209, in the first for him............. for that importer.
sentence.
27.264(a), in the first Customs and......... U.S. Customs and.
sentence.
------------------------------------------------------------------------
PART 28--EXPORTATION OF ALCOHOL
0
78. The authority citation for part 28 continues to read as follows:
Authority: 5 U.S.C. 552(a); 19 U.S.C. 81c, 1202; 26 U.S.C.
5001, 5007, 5008, 5041, 5051, 5054, 5061, 5121, 5122, 5201, 5205,
5207, 5232, 5273, 5301, 5313, 5555, 6109, 6302, 7805; 27 U.S.C. 203,
205; 44 U.S.C. 3504(h).
Sec. Sec. 28.2, 28.3, 28.4, 28.21, 28.216, 28.219, 28.264, and
28.267 [Amended]
0
79. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
28.2(b)..................... http://www.ttb.gov.. https://www.ttb.gov.
28.2(b)..................... Room 1516........... Room 8970.
28.3, in the listing for Customs Regulations. U.S. Customs and
``19 CFR Chapter I--Customs Border Protection,
Regulations''. Department of
Homeland Security;
Department of the
Treasury.
28.4........................ http://www.ttb.gov.. https://www.ttb.gov.
28.4........................ Room 1516........... Room 8970.
28.21(f).................... that he has found... that he or she has
found.
28.216...................... parts 24............ part 24.
28.219(a)................... celler.............. cellar.
28.264, in the first notifcation......... notification.
sentence.
28.267, in the second of U.S. Customs of the customs
sentence. regulations. regulations.
------------------------------------------------------------------------
0
80. Amend Sec. 28.11 by:
0
a. Revising the definition of ``Customs bonded warehouse'', ``Customs
officer'', and ``Manufacturing bonded warehouse'';
0
b. Removing the definition of ``Secretary'' and adding a definition for
``Secretary of the Treasury or Secretary'' in its place; and
0
c. Removing the authority citation at the end of the section.
The revisions read as follows:
Sec. 28.11 Meaning of terms.
* * * * *
Customs bonded warehouse. A customs bonded warehouse, class 2, 3,
or 8, established under the provisions of the customs regulations (19
CFR chapter I).
Customs officer. An officer of U.S. Customs and Border Protection
(CBP) or any agent or other person authorized by law to perform the
duties of such an officer.
* * * * *
Manufacturing bonded warehouse. A manufacturing bonded warehouse,
class six, established under the provisions of the customs regulations
(19 CFR, chapter I).
* * * * *
Secretary of the Treasury or Secretary. The Secretary of the
Treasury or a delegate of the Secretary.
* * * * *
0
81. Amend Sec. 28.52 by revising paragraph (b) and removing the
authority citation at the end of the section.
The revision reads as follows:
Sec. 28.52 Corporate surety.
* * * * *
(b) Treasury Department Circular 570 is published in the Federal
Register annually on the first business day in July, and supplemental
changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
0
82. Revise Sec. 28.148 to read as follows:
Sec. 28.148 Brewer's report.
The brewer's records shall reflect the quantity of beer or beer
concentrate removed without payment of tax under this subpart, and the
brewer must report the quantity of beer or beer concentrate so removed
on their monthly or quarterly report of operations, as appropriate. The
total quantity of beer
[[Page 87946]]
or beer concentrate involved in all export shipments returned during
any reporting period also must be recorded as a separate entry on the
appropriate report of operations. Brewers required to submit monthly
reports of operations must use form TTB F 5130.9, while brewers
required to submit quarterly reports of operations may use either form
TTB F 5130.9 or form TTB F 5130.26 (or any successor forms). For
requirements regarding monthly and quarterly reporting, see 27 CFR
25.297.
(Approved by the Office of Management and Budget under control number
1513-0007)
PART 29--STILLS AND MISCELLANEOUS REGULATIONS
0
83. The authority citation for part 29 is revised to read as follows:
Authority: 26 U.S.C. 5002, 5101, 5102, 5179, 5291, 5601, 5615,
5687, 6109, 7805.
Sec. Sec. 29.42, 29.43, and 29.55 [Amended]
0
84. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
29.42....................... http://www.ttb.gov.. https://www.ttb.gov.
29.42....................... Room 1516........... Room 8970.
29.43(b).................... http://www.ttb.gov.. https://www.ttb.gov.
29.43(b).................... Room 1516........... Room 8970.
29.55(c), in the second othewise............ otherwise.
sentence.
------------------------------------------------------------------------
0
85. Amend Sec. 29.45 by:
0
a. Adding in alphabetical order a definition for ``Condenser''; and
0
b. In the definition of ``Still'', removing the word ``spiritous'' and
adding in its place the word ``spirituous''.
The addition reads as follows:
Sec. 29.45 Meaning of terms.
* * * * *
Condenser. Any apparatus capable of being used when connected with
a still, for condensing or liquefying alcoholic or spirituous vapors,
but shall not include condensers to be used with laboratory stills or
stills used for distilling water or other nonalcoholic materials where
the cubic distilling capacity is one gallon or less.
* * * * *
PART 30--GAUGING MANUAL
0
86. The authority citation for part 30 continues to read as follows:
Authority: 26 U.S.C. 7805.
Sec. Sec. 30.1, 30.24, 30.25, 30.31, and 30.71 [Amended]
0
87. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
30.1(c)..................... http:// https://
www.archives.gov/ www.archives.gov/
federal_register/ federal-register/
code_of_federal_reg cfr/ibr-
ulations/ locations.html.
ibr_locations.html.
30.24(c).................... http:// https://
www.archives.gov/ www.archives.gov/
federal_register/ federal-register/
code_of_federal_reg cfr/ibr-
ulations/ locations.html.
ibr_locations.html.
30.25 introductory text, in above 60 degress.... above 60 degrees.
the third sentence.
30.31(d).................... guage prescribed.... gauge prescribed.
30.71, in the third sentence at his option....... at their option.
------------------------------------------------------------------------
Subpart A--Scope of Regulations
0
88. Add Sec. 30.3 to subpart A to read as follows:
Sec. 30.3 Delegations of the Administrator.
The regulatory authorities of the Administrator contained in this
part are delegated to appropriate TTB officers. These TTB officers are
specified in TTB Order 1135.30, Delegation of the Administrator's
Authorities in 27 CFR part 30, Gauging Manual. You may obtain a copy of
this order by accessing the TTB website (https://www.ttb.gov) or by
mailing a request to the Alcohol and Tobacco Tax and Trade Bureau,
National Revenue Center, 550 Main Street, Room 8970, Cincinnati, OH
45202.
PART 31--ALCOHOL BEVERAGE DEALERS
0
89. The authority citation for part 31 continues to read as follows:
Authority: 26 U.S.C. 5001, 5002, 5121, 5122-5124, 5131, 5132,
5206, 5207, 5273, 5301, 5352, 5555, 5603, 5613, 5681, 5687, 6061,
6065, 6071, 6091, 6103, 6109, 6723, 6724, 7805.
Sec. Sec. 31.11, 31.13, and 31.115 [Amended]
0
90. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
31.11(b).................... http://www.ttb.gov.. https://www.ttb.gov.
31.11(b).................... Room 1516........... Room 8970.
31.13....................... http://www.ttb.gov.. https://www.ttb.gov.
31.13....................... Room 1516........... Room 8970.
31.115(b)................... http://www.irs.gov/. https://www.irs.gov.
------------------------------------------------------------------------
[[Page 87947]]
PART 40--MANUFACTURE OF TOBACCO PRODUCTS, CIGARETTE PAPERS AND
TUBES, AND PROCESSED TOBACCO
0
91. The authority citation for part 40 continues to read as follows:
Authority: 26 U.S.C. 448, 5701, 5703-5705, 5711-5713, 5721-
5723, 5731-5734, 5741, 5751, 5753, 5761-5763, 6061, 6065, 6109,
6151, 6301, 6302, 6311, 6313, 6402, 6404, 6423, 6676, 6806, 7011,
7212, 7325, 7342, 7502, 7503, 7606, 7805; 31 U.S.C. 9301, 9303,
9304, 9306.
Sec. Sec. 40.31, 40.41, 40.44, 40.49, 40.66, 40.67, 40.68, 40.91,
40.92, 40.137, 40.165a, 40.357, 40.392, 40.402, 40.403, 40.407, 40.422,
and 40.491 [Amended]
0
92. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
40.41(b).................... http://www.ttb.gov.. https://www.ttb.gov.
40.41(b).................... Room 1516........... Room 8970.
40.44, in the last sentence. part 172 of this part 72 of this
chapter. chapter.
40.49....................... http://www.ttb.gov.. https://www.ttb.gov.
40.49....................... Room 1516........... Room 8970.
40.66....................... 5200.25 or 5200.26.. 5200.29 (or TTB F
5200.25 or
5200.26).
40.67....................... 5200.25 or 5200.26.. 5200.29 (or TTB F
5200.25 or
5200.26).
40.68, in the last sentence. a appropriate....... an appropriate.
40.91....................... he shall............ they shall.
40.91....................... Form 2098........... TTB F 5200.16.
40.92, in the first sentence his permit.......... their permit.
40.92, in the second to him.............. to them.
sentence.
40.137...................... 5200.18............. 5000.18.
40.165a(e), in the last U.S. Customs Service U.S. Customs and
sentence, in the first Border Protection
instance. (CBP).
40.165a(e), in the last U.S. Customs Service CBP.
sentence, in the second
instance.
40.357(e), in the first an TTB procedure.... a TTB procedure.
sentence.
40.357(e), in the last U.S. Customs Service U.S. Customs and
sentence, in the first Border Protection
instance. (CBP).
40.357(e), in the last U.S. Customs Service CBP.
sentence, in the second
instance.
40.392...................... 5200.25 or 5200.26.. 5200.29 (or TTB F
5200.25 or
5200.26).
40.402...................... Companies). (See Companies); see Sec.
Sec. 40.401(c)) 40.401(c). When.
When.
40.403...................... Acceptance of Bonds, Acceptance of Bonds
Notes or Other Secured by
Obligations Issued Government
or Guaranteed by Obligations in Lieu
the United States of Bonds with
as Security in Lieu Sureties.
of Surety or
Sureties on Penal
Bonds.
40.407...................... 5000.18, Extension 5000.18.
of Coverage of
Bond,.
40.422, in the introductory Form 5230.3......... F 5210.5.
text.
40.491(b)(2), in the first destruction......... a purpose authorized
sentence. by Sec. 40.72(b).
------------------------------------------------------------------------
Sec. 40.22 [Amended]
0
93. Amend Sec. 40.22 in paragraph (b)(1) by removing the last
sentence.
Sec. 40.31 [Amended]
0
94. Amend Sec. 40.31 in the first sentence by removing ``of the
part''.
0
95. Amend Sec. 40.131 by:
0
a. Removing the words ``Circular No. 570'' in paragraph (a) and adding
in their place the words ``Circular 570'';
0
b. Revising paragraph (b); and
0
c. Removing the authority citation at the end of the section.
The revision reads as follows:
Sec. 40.131 Corporate surety.
* * * * *
(b) Treasury Department Circular 570 is published in the Federal
Register annually on the first business day in July, and supplemental
changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
0
96. Amend Sec. 40.401 by:
0
a. Removing the words ``Circular No. 570'' in paragraph (a) and adding
in their place the words ``Circular 570'';
0
b. Revising paragraph (c); and
0
c. Removing the authority citation at the end of the section.
The revision reads as follows:
Sec. 40.401 Corporate surety.
* * * * *
(c) Treasury Department Circular 570 is published in the Federal
Register annually on the first business day in July, and supplemental
changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
PART 41--IMPORTATION OF TOBACCO PRODUCTS, CIGARETTE PAPERS AND
TUBES, AND PROCESSED TOBACCO
0
97. The authority citation for part 41 continues to read as follows:
Authority: 26 U.S.C. 5701-5705, 5708, 5712, 5713, 5721-5723,
5741, 5754, 5761-5763, 6301, 6109, 6302, 6313, 6402, 6404, 7101,
7212, 7342, 7606, 7651, 7652, 7805; 31 U.S.C. 9301, 9303, 9304,
9306.
Sec. Sec. 41.11, 41.21, 41.26, 41.29, 41.50, 41.63, 41.82, 41.83,
41.109, 41.111, 41.114a, 41.124, 41.141, 41.173, 41.190, and
41.262 [Amended]
0
98. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
[[Page 87948]]
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
41.11, in the definition of Customs bonded...... customs bonded.
``Importer''.
41.21(b).................... http://www.ttb.gov.. https://www.ttb.gov.
41.21(b).................... Room 1516........... Room 8970.
41.26(c).................... method of procedure. method or procedure.
41.29....................... http://www.ttb.gov.. https://www.ttb.gov.
41.29....................... Room 1516........... Room 8970.
41.50, in the first sentence and Customs and the customs
Regulations, 19 regulations (19 CFR
CFR, chapter I,. chapter I).
41.63(c)(1)................. the U.S. Customs U.S. Customs and
Service. Border Protection.
41.63(c)(2)................. elswhere............ elsewhere.
41.63(d).................... the U.S. Customs U.S. Customs and
Service. Border Protection.
41.82(a).................... parts 44 and 270.... parts 40 and 44.
41.82(e).................... 27 CFR part 270..... 27 CFR part 40.
41.82(i).................... parts 44 and 270.... parts 40 and 44.
41.82(i).................... to the U.S. Customs to U.S. Customs and
Service. Border Protection.
41.83(a).................... parts 44 and 270.... parts 40 and 44.
41.83(d).................... the U.S. Customs U.S. Customs and
Service. Border Protection.
41.109, in the first Form 2986........... TTB F 5210.12.
sentence.
41.111(a)(1)................ TTB F 2986 (5210.12) TTB F 5210.12.
41.114a(a) introductory Form 2936........... Form 2986.
text, in the first sentence.
41.124, in the second Form 2105........... TTB F 5000.18.
sentence.
41.141, in the second Form 5210.5 or Form TTB F 5210.5.
sentence. 2138.
41.173, the first sentence.. TTB to officer...... TTB officer.
41.190...................... Customs............. U.S. Customs and
Border Protection.
41.262(d)(1), in the first paragraph (d)(2).... paragraphs (d)(2)
sentence. and (3).
------------------------------------------------------------------------
0
99. Amend Sec. 41.119 by:
0
a. Removing the words ``Circular No. 570'' in paragraph (a) and adding
in their place the words ``Circular 570'';
0
b. Revising paragraph (b); and
0
c. Removing the authority citation at the end of the section.
The revision reads as follows:
Sec. 41.119 Corporate surety.
* * * * *
(b) Treasury Department Circular 570 is published in the Federal
Register annually on the first business day in July, and supplemental
changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
PART 44--EXPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND
TUBES, WITHOUT PAYMENT OF TAX, OR WITH DRAWBACK OF TAX
0
100. The authority citation for part 44 is revised to read as follows:
Authority: 26 U.S.C. 448, 5701-5705, 5711-5713, 5721-5723,
5731-5734, 5741, 5751, 5754, 6061, 6065, 6109, 6151, 6402, 6404,
6806, 7011, 7212, 7342, 7606, 7805; 31 U.S.C. 9301, 9303, 9304,
9306.
Sec. Sec. 44.2, 44.3, 44.82, 44.86, 44.101, 44.102, 44.103, 44.108,
44.109, 44.111, 44.126, 44.143, and 44.223 [Amended]
0
101. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
44.2(b)..................... http://www.ttb.gov.. https://www.ttb.gov.
44.2(b)..................... Room 1516........... Room 8970.
44.3........................ http://www.ttb.gov.. https://www.ttb.gov.
44.3........................ Room 1516........... Room 8970.
44.82, in the first sentence Form 2093 (5200.3).. Form 5200.3.
44.86....................... Form 2103 (5220.5).. Form 5200.29.
44.101...................... Form 2098 (5200.16). Form 5200.16.
44.102, in the first Form 2098 (5200.16). Form 5200.16.
sentence.
44.103, in the first Form 2098 (5200.16). Form 5200.16.
sentence.
44.108, in the first Form 2098 (5200.16). Form 5200.16.
sentence.
44.109...................... Form 2098 (5200.16). Form 5200.16.
44.111, in the first Form 2098 (5200.16). Form 5200.16.
sentence.
44.126...................... Form 2105 (5000.7).. Form 5000.18.
44.143(a)................... Form 5220.3 (3373).. Form 5220.3.
44.223, in the first Form 2148 (5200.17). Form 5200.17.
sentence.
------------------------------------------------------------------------
0
102. Amend Sec. 44.11 by adding in alphabetical order a definition for
``Customs officer'' and revising the definition of ``Factory'' to read
as follows:
Sec. 44.11 Meaning of terms.
* * * * *
Customs officer. An officer of U.S. Customs and Border Protection
(CBP) or any agent or other person authorized by law to perform the
duties of such an officer.
* * * * *
Factory. The premises of a manufacturer of tobacco products or
[[Page 87949]]
cigarette papers and tubes in which that person carries on such
business.
* * * * *
0
103. Amend Sec. 44.121 by:
0
a. Removing from paragraph (a) the words ``Circular No. 570, as revised
(see paragraph (c) of this section)'' and adding in their place the
words ``Circular 570, Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies, as revised (see paragraph (c) of this section)'';
0
b. Revising paragraph (c); and
0
c. Removing the authority citation at the end of the section.
The revision reads as follows:
Sec. 44.121 Corporate surety.
* * * * *
(c) Treasury Department Circular 570 is published in the Federal
Register annually on the first business day in July, and supplemental
changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
Sec. 44.122 [Amended]
0
104. Amend Sec. 44.122 by:
0
a. Removing from the first sentence the words ``the provisions of
Treasury Department Circular 154, revised (31 CFR part 225)'' and
adding in their place the words, ``the provisions of 31 CFR part 225
regarding acceptance of bonds secured by Government obligations in lieu
of bonds with sureties''; and
0
b. Removing the authority citation at the end of the section.
Sec. 44.129 [Amended]
0
105. Amend Sec. 44.129 by:
0
a. Removing from paragraph (a) the words ``provisions of Treasury
Department Circular No. 154 (31 CFR Part 225--Acceptance of Bonds,
Notes or Other Obligations Issued or Guaranteed by the United States as
Security in Lieu of Surety or Sureties on Penal Bonds)'' and adding in
their place the words ``provisions of 31 CFR part 225 regarding
acceptance of bonds secured by Government obligations in lieu of bonds
with sureties'';
0
b. Removing and reserving paragraph (b); and
0
c. Removing the authority citation at the end of the section.
0
106. Amend Sec. 44.205 by:
0
a. Removing from paragraph (a)(1) the word ``Customs'' and adding in
its place the word ``customs'';
0
b. Removing from paragraph (a)(2) the words ``Customs officer'' and
``with Customs'' and adding in their places the words ``customs
officer'' and ``with U.S. Customs and Border Protection (CBP)'',
respectively;
0
c. Revising paragraph (b) introductory text; and
0
d. Removing from paragraph (c) the word ``Customs'' wherever it appears
and adding in its place the word ``customs''.
The revision reads as follows:
Sec. 44.205 To contiguous foreign countries.
* * * * *
(b) When a shipment has been cleared by CBP from the United States,
and when the customs officer at the port of exit is satisfied that the
products have departed from the United States, that officer shall--
* * * * *
PART 45--REMOVAL OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND
TUBES, WITHOUT PAYMENT OF TAX, FOR THE USE OF THE UNITED STATES
0
107. The authority citation for part 45 is revised to read as follows:
Authority: 26 U.S.C. 5702-5705, 5723, 5741, 5751, 5762, 5763,
6109, 6313, 7212, 7342, 7606, 7805; 44 U.S.C. 3504(h).
Sec. 45.21 [Amended]
0
108. Amend Sec. 45.21 by designating the introductory text as
paragraph (a), redesignating paragraphs (a) through (c) as paragraphs
(a)(1) through (3), and designating the undesignated paragraph
following newly redesignated paragraph (a)(3) as paragraph (b).
Sec. 45.22 [Amended]
0
109. Amend Sec. 45.22 by designating the introductory text as
paragraph (a), redesignating paragraphs (a) through (c) as paragraphs
(a)(1) through (3), and designating the undesignated paragraph
following newly redesignated paragraph (a)(3) as paragraph (b).
Sec. Sec. 45.11, 45.21, 45.22, 45.23, 45.24, 45.26, 45.27, 45.32,
45.36, and 44.42 [Amended]
0
110. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
45.11, in the definition of he carries.......... the manufacturer
``Factory''. carries.
45.11, in the definition of his own............. their own.
``Manufacturer of cigarette
papers and tubes''.
45.11, in paragraph (2) of Customs............. customs.
the definition of
``Manufacturer of tobacco
products''.
45.11, in the definition of title 26............ title 27.
``This chapter''.
45.21, in the second he finds............ that officer finds.
sentence of the newly
redesignated paragraph (a).
45.21, in newly redesignated his records......... their records.
paragraph (b), in the last
sentence.
45.22, in newly redesignated he finds............ that officer finds.
paragraph (a) introductory
text.
45.22, in newly redesignated his records......... their records.
paragraph (b), in the last
sentence.
45.23, in the second of his.............. of their.
sentence.
45.23, in the last sentence. permit him.......... permit that officer.
45.24....................... in his.............. in their.
45.26....................... http://www.ttb.gov.. https://www.ttb.gov.
45.26....................... Room 1516........... Room 8970.
45.27(b).................... http://www.ttb.gov.. https://www.ttb.gov.
45.27(b).................... Room 1516........... Room 8970.
45.32....................... his factory......... their factory.
45.36....................... to appropriate...... to the appropriate.
45.36....................... which he............ which that person.
[[Page 87950]]
45.36....................... in his.............. in their.
45.42, in the sixth sentence If approved by him If approved by the
the appropriate TTB appropriate TTB
officer shall. officer, that
officer shall.
------------------------------------------------------------------------
PART 46--MISCELLANEOUS REGULATIONS RELATING TO TOBACCO AND
CIGARETTE PAPERS AND TUBES
0
111. The authority citation for part 46 is revised to read as follows:
Authority: 18 U.S.C. 2341-2346, 26 U.S.C. 5061, 5704, 5708,
5731-5734, 5751, 5754, 5761-5763, 6001, 6109, 6601, 6621, 6622,
7212, 7342, 7602, 7606, 7805; 44 U.S.C. 3504(h), 49 U.S.C. 782,
unless otherwise noted.
Sec. Sec. 46.7, 46.21, 46.22, 46.74, 46.92, 46.102, 46.231, and
46.252 [Amended]
0
112. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
46.7, in the first sentence. Form 2635 (5620.8).. form TTB F 5620.8.
46.21....................... http://www.ttb.gov.. https://www.ttb.gov.
46.21....................... Room 1516........... Room 8970.
46.22(b).................... http://www.ttb.gov.. https://www.ttb.gov.
46.22(b).................... Room 1516........... Room 8970.
46.74....................... TTB Form 2635 form TTB F 5620.8.
(5620.8).
46.92, in the definition of his own............. their own.
``Manufacturer of cigarette
papers and tubes''.
46.102(b)................... http://www.irs.gov.. https://www.irs.gov.
46.231...................... http://www.ttb.gov.. https://www.ttb.gov.
46.252...................... TTB Form 2635 form TTB F 5620.8.
(5620.8).
------------------------------------------------------------------------
0
113. Amend Sec. 46.11 by:
0
a. Removing from paragraph (a) the words ``Circular No. 570 (refer to
paragraph (c) of this section)'' and adding in their place the words
``Circular 570, Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies, as revised (see paragraph (c) of this section)'';
0
b. In the second sentence of paragraph (b) removing the word ``he'' and
adding in its place the words ``he or she'';
0
c. Revising paragraph (c); and
0
d. Removing the authority citation at the end of the section.
The revision reads as follows:
Sec. 46.11 Corporate surety.
* * * * *
(c) Treasury Department Circular 570 is published in the Federal
Register annually on the first business day in July, and supplemental
changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
0
114. Amend Sec. 46.72 by:
0
a. Revising the definition of ``Commissioner of Customs''; and
0
b. In the definition of ``Tax paid or determined'', removing the word
``acutally'' and adding in its place the word ``actually''.
The revision reads as follows:
Sec. 46.72 Meaning of terms.
* * * * *
Commissioner of Customs. The Commissioner of U.S. Customs and
Border Protection, Department of Homeland Security, Washington, DC.
* * * * *
PART 53--MANUFACTURERS EXCISE TAXES--FIREARMS AND AMMUNITION
0
115. The authority citation for part 53 continues to read as follows:
Authority: 26 U.S.C. 4181, 4182, 4216-4219, 4221-4223, 4225,
6001, 6011, 6020, 6021, 6061, 6071, 6081, 6091, 6101-6104, 6109,
6151, 6155, 6161, 6301-6303, 6311, 6402, 6404, 6416, 7502, 7805.
Sec. Sec. 53.20, 53.21, 53.132, 53.133, 53.134, 53.135, and 53.179
[Amended]
0
116. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place, the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
53.20....................... http://www.ttb.gov.. https://www.ttb.gov.
53.20....................... Room 1516........... Room 8970.
53.21(b).................... http://www.ttb.gov.. https://www.ttb.gov.
53.21(b).................... Room 1516........... Room 8970.
53.132(c)(2)(iii), 3 times.. TTB I............... TTB F.
53.133(d)(4), 3 times....... TTB I............... TTB F.
53.134(d)(2)(iv), 3 times... TTB I............... TTB F.
53.135(c)(3), 3 times....... TTB I............... TTB F.
53.179(b)(1)(iv), 2 times... TTB I............... TTB F.
------------------------------------------------------------------------
[[Page 87951]]
0
117. Amend Sec. 53.3 by revising the third sentence to read as
follows:
Sec. 53.3 Exemption certificates.
* * * These certificates are available as preprinted forms, which
are available for free download on the TTB website at https://www.ttb.gov/forms, or by request sent via postal mail to the Alcohol
and Tobacco Tax and Trade Bureau, National Revenue Center, 550 Main
Street, Room 8970, Cincinnati, OH 45202. * * *.
0
118. Amend Sec. 53.11:
0
a. In the second sentence of the definition of ``Importer'' by removing
the words ``his sale'' and adding in their place the words ``their
sale''; and
0
b. Removing the definition of ``Secretary'' and adding a definition for
``Secretary of the Treasury or Secretary'' in its place.
The revision reads as follows:
Sec. 53.11 Meaning of terms.
* * * * *
Secretary of the Treasury or Secretary. The Secretary of the
Treasury or a delegate of the Secretary.
* * * * *
PART 70--PROCEDURE AND ADMINISTRATION
0
119. The authority citation for part 70 is revised to read as follows:
Authority: 5 U.S.C. 301 and 552; 26 U.S.C. 4181, 4182, 5123,
5203, 5207, 5275, 5367, 5415, 5504, 5555, 5684(a), 5741, 5761(b),
5802, 6020, 6021, 6064, 6102, 6109, 6155, 6159, 6201, 6203, 6204,
6301, 6303, 6311, 6313, 6314, 6321, 6323, 6325, 6326, 6331-6343,
6401-6404, 6407, 6416, 6423, 6501-6503, 6511, 6513, 6514, 6532,
6601, 6602, 6611, 6621, 6622, 6651, 6653, 6656-6658, 6665, 6671,
6672, 6701, 6723, 6801, 6862, 6863, 6901, 7011, 7101, 7102, 7121,
7122, 7207, 7209, 7214, 7304, 7401, 7403, 7406, 7423, 7424, 7425,
7426, 7429, 7430, 7432, 7502, 7503, 7505, 7506, 7513, 7601-7606,
7608-7610, 7622, 7623, 7653, 7805.
Sec. Sec. 70.2, 70.3, 70.33, 70.96, 70.123, 70.125, 70.143, 70.161,
70.163, 70.164, 70.181, 70.183, 70.185, 70.186, 70.187, 70.203, 70.205,
70.209, 70.232, 70.242, 70.245, 70.251, 70.471, 70.482, 70.701, and
70.803 [Amended]
0
120. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
70.2(b)..................... http://www.ttb.gov.. https://www.ttb.gov.
70.2(b)..................... Room 1516........... Room 8970.
70.3........................ http://www.ttb.gov.. https://www.ttb.gov.
70.3........................ Room 1516........... Room 8970.
70.33(c).................... his presence........ their presence.
70.33(c).................... if he has........... if they have.
70.96(a)(1)(iv), in the 5 percent therof.... 5 percent thereof.
second sentence.
70.123(d), in the first the individuals..... the individual's.
sentence.
70.125(b), in the second Form 2635 (5020.8),. form TTB F 5620.8,.
sentence.
70.143(a)(1) introductory exists ay any....... exists at any.
text.
70.161(c), in the fifth designated ofice.... designated office.
sentence.
70.163(a)(2)(ii)(B)......... U.S. court a the U.S. court at the
time. time.
70.164(c), in the second orginzation......... organization.
sentence.
70.181(c)(8), in the last whatsover........... whatsoever.
sentence.
70.183(b)(5), in the first cae of default...... case of default.
sentence.
70.185(a), in the first puchaser's.......... purchaser.
sentence.
70.186(a) introductory text. such sale........... such sale:.
70.186(a)(5)................ such tranfer........ such transfer.
70.186(c), in the second purhcaser........... purchaser.
sentence.
70.187(a), in the last orginal............. original.
sentence.
70.203(b)(3)................ palce provided...... place provided.
70.205(a)(2)(i), in the forclosure.......... foreclosure.
second sentence.
70.205(a)(2)(ii) heading.... noitce.............. notice.
70.205(b)(2), in the last noitice............. Notice.
sentence.
70.205(e)(1) introductory a noitice........... a notice.
text.
70.209(b)................... subsequenbtly....... subsequently.
70.232(d), in the seventh Indentifiable....... Identifiable.
sentence.
70.242(c)(2), in the fourth acompany............ Accompany.
sentence.
70.242(c)(2), in the sixth diretly............. directly.
sentence.
70.245(d), in the paragraph form................ from.
heading.
70.471(c)................... http://www.atf.gov/ https://www.atf.gov/contact contact/. contact.
70.482(a)(2)................ collectibility...... collectability.
70.701(c), in the fifth Washington, DC 20220 1310 G Street NW,
sentence. Box 12, Washington,
DC 20005.
70.701(d)(2)(iv)(B), in the by his office....... by her or his
first sentence. office.
70.701(d)(2)(iv(B), in the by his office....... by her or his
second sentence. office.
70.803(b)(1)................ his delegate........ a delegate of the
Secretary.
70.803(b)(2) (2 times)...... his official........ their official.
70.803(e)(3), in the first an TTB officer...... a TTB officer.
sentence.
------------------------------------------------------------------------
0
121. Amend Sec. 70.11 by removing the definition of ``Secretary'' and
adding a definition for ``Secretary of the Treasury or Secretary'' in
its place to read as follows:
Sec. 70.11 Meaning of terms.
* * * * *
Secretary of the Treasury or Secretary. The Secretary of the
Treasury or a delegate of the Secretary.
* * * * *
Sec. 70.251 [Amended]
0
122. Amend Sec. 70. 251 by:
0
a. Redesignating paragraph (c) as paragraph (c)(1), redesignating
paragraphs (c)(1) through (4) as paragraphs (c)(1)(i) through
(c)(1)iv), and redesignating the undesignated
[[Page 87952]]
paragraph following newly redesignated paragraph (c)(1)(iv) as
paragraph (c)(2); and
0
b. In newly designated paragraph (c)(2), remove the word ``monthes''
and add in its place the word ``months''.
Sec. 70.431 [Amended]
0
123. Amend Sec. 70.431 by removing the authority citation at the end
of the section.
Sec. 70.433 [Amended]
0
124. Amend Sec. 70.433 by removing the authority citation at the end
of the section.
0
125. Amend Sec. 70.601 by revising the definition of ``Commissioner of
Customs'' to read as follows:
Sec. 70.601 Meaning of terms.
* * * * *
Commissioner of Customs. The Commissioner of U.S. Customs and
Border Protection, Department of Homeland Security, Washington, DC.
* * * * *
0
126. Revise Sec. 70.801 to read as follows:
Sec. 70.801 Publicity of information.
For information relating to the disclosure of records that is not
contained in this subpart, see 31 CFR part 1 and the appendix of that
part relating to the Alcohol and Tobacco Tax and Trade Bureau. Direct
further questions to the Alcohol and Tobacco Tax and Trade Bureau, 1310
G Street, Box 12, Washington, DC 20005; telephone (202) 453-2265.
Sec. 70.802 [Amended]
0
127. Amend Sec. 70.802 by:
0
a. Removing from the first sentence of paragraph (a) the words ``ATF
officer, Bureau of Alcohol, Tobacco and Firearms, Washington, DC
20226'' and adding in their place the words ``TTB officer, Alcohol and
Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC
20005'';
0
b. Removing form the first sentence of paragraph (d) the words
``Washington, DC 20220'' and adding in their place the words ``1310 G
Street NW, Box 12, Washington, DC 20005'';
0
c. Removing from the first sentence of paragraph (f) the words
``Washington, DC 20220'' and adding in their place the words ``1310 G
Street NW, Box 12, Washington, DC 20005'';
0
d. Removing from paragraph (g)(1) the text ``Web site at http://www.regulations.gov'' and adding in their place the text ``website at
https://www.regulations.gov'';
0
e. Removing from the third sentence of paragraph (g)(2) the words
``Washington, DC 20220, or by telephone at 202-453-2270'' and adding in
their place the words ``1310 G Street NW, Box 12, Washington, DC 20005
or by telephone at 202-453-2265''; and
0
f. Removing the authority citation at the end of the section.
PART 71--RULES OF PRACTICE IN PERMIT PROCEEDINGS
0
128. The authority citation for part 71 is revised to read as follows:
Authority: 5 U.S.C. 551-559, 26 U.S.C. 5171, 5181, 5271, 5712,
5713, 7805, 27 U.S.C. 204.
Sec. Sec. 71.2, 71.3, 71.4, 71.5, 71.27, 71.29, 71.31, 71.49a, 71.85,
and 71.115 [Amended]
0
129. In the following table, for each section indicated in the left
column, remove the text indicated in the middle column from wherever it
appears in the section and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
71.2, in the first sentence. contrued............ construed.
71.3(b)..................... http://www.ttb.gov.. https://www.ttb.gov.
71.3(b)..................... Room 1516........... Room 8970.
71.4........................ http://www.ttb.gov.. https://www.ttb.gov.
71.4........................ Room 1516........... Room 8970.
71.5, in the definition of (5 U.S.C. 1001)..... (5 U.S.C. 551).
``Other term''.
71.27....................... him................. him or her.
71.29....................... him................. him or her.
71.31, in the last sentence. authorize to........ authorized to.
71.49a(b)................... Administrator....... administrator.
71.85....................... pending before him, pending before that
in his discretion. official, in his or
her discretion.
71.115, in the last sentence his consideration... his or her
consideration.
------------------------------------------------------------------------
0
130. Revise Sec. 71.96 to read as follows:
Sec. 71.96 Disqualification.
An administrative law judge shall, at any time, withdraw from any
proceeding if he or she deems him or herself disqualified; and upon the
filing in good faith by the applicant or respondent, or by the attorney
for the Government, of a timely and sufficient affidavit of facts
showing personal bias or otherwise warranting the disqualification of
any administrative law judge, the Administrator shall upon appeal as
provided in Sec. 71.115, if the administrative law judge fails to
disqualify him or herself, determine the matter as a part of the record
and decision in the proceeding. If the Administrator decides the
administrative law judge should have declared him or herself
disqualified, the Administrator will remand the record for hearing de
novo before another administrative law judge. If the Administrator
should decide against the disqualification of the administrative law
judge, the proceeding will be reviewed on its merits.
0
131. Revise Sec. 71.97 to read as follows:
Sec. 71.97 Powers.
Administrative law judges shall have authority to:
(a) Administer oaths and affirmations;
(b) Issue subpoenas authorized by law;
(c) Rule upon offers of proof and receive relevant evidence;
(d) Take or cause depositions to be taken whenever the ends of
justice would be served thereby;
(e) Regulate the course of the hearing;
(f) Hold conferences for the settlement or simplification of the
issues by consent of the parties;
(g) Dispose of procedural requests or similar matters;
(h) Render recommended decisions in proceedings on applications for
permits, and initial decisions in suspension, revocation, or annulment
proceedings against permits;
(i) Call, examine and cross-examine witnesses, including hostile or
adverse witnesses when they deem such action to be necessary to a just
disposition of the cause, and introduce into the record documentary or
other evidence; and
[[Page 87953]]
(j) Take any other action authorized by rule of the Alcohol and
Tobacco Tax and Trade Bureau consistent with the Administrative
Procedure Act.
0
132. Revise Sec. 71.116 to read as follows:
Sec. 71.116 Review by the Administrator
The Administrator, on appeal on petition for review, shall afford a
reasonable opportunity for the submission of proposed findings,
conclusions, or exceptions with reasons in support thereof and an
opportunity for oral argument. The Administrator may alter or modify
any finding of the administrative law judge (or of the appropriate TTB
officer in application proceedings) and may affirm, reverse, or modify
the decision of the administrative law judge (or of the appropriate TTB
officer in initial application proceedings), or the Administrator may
remand the case for further hearing, but the Administrator shall not
consider evidence which is not a part of the record. Appeals and
petitions for review shall not be decided by the Administrator in any
proceeding in which she or he has engaged in investigation or
prosecution, and in such event the Administrator shall so state their
disqualification in writing and refer the record to the Assistant
Secretary for Tax Policy for appropriate action. The Assistant
Secretary for Tax Policy may designate a principal aide to consider any
proceeding instead of the Administrator. The original copy of the
decision on review shall be placed in the official record of the
proceeding, a signed duplicate original shall be served upon the
applicant or respondent and a copy shall be transmitted to the
appropriate TTB officer. When, on appeal, the Administrator affirms the
decision of the appropriate TTB officer or the administrative law
judge, as the case may be, disapproving an application or suspending,
revoking, or annulling a permit, such action shall not supersede the
decision of the appropriate TTB officer or the administrative law judge
and such decision shall be final.
PART 72--DISPOSITION OF SEIZED PERSONAL PROPERTY
0
133. The authority citation for part 72 continues to read as follows:
Authority: 18 U.S.C. 921, 1261; 19 U.S.C. 1607, 1610, 1612,
1613, 1618; 26 U.S.C. 7101, 7322-7325, 7326, 7805; 31 U.S.C. 9301,
9303, 9304, 9306; 40 U.S.C. 304(k); 49 U.S.C. 784, 788.
0
134. Amend Sec. 72.24 by:
0
a. Removing from in paragraph (a) the words ``Circular No. 570'' and
adding in their place the words ``Circular 570'';
0
b. Revising paragraph (b); and
0
c. Removing the authority citation at the end of the section.
The revision reads as follows:
Sec. 72.24 Corporate surety bonds.
* * * * *
(b) How to find an approved surety. The Department of the Treasury
publishes a list of approved corporate surety companies in Treasury
Department Circular 570, Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies. Treasury Department Circular 570 is published in the Federal
Register annually on the first business day in July, and supplemental
changes are published periodically thereafter (see https://www.federalregister.gov). The most recent circular and any supplemental
changes to it may be viewed on the Bureau of the Fiscal Service website
(see https://fiscal.treasury.gov).
Sec. 72.27 [Amended]
0
135. Amend Sec. 72.27, in the first sentence of paragraph (a), by
removing the text ``Sec. 55.166 of this Title'' and adding in its
place the text ``27 CFR 555.166''.
Signed: October 4, 2024.
Mary G. Ryan,
Administrator.
Approved: October 7, 2024.
Aviva R. Aron-Dine,
Deputy Assistant Secretary, Tax Policy.
[FR Doc. 2024-23662 Filed 11-5-24; 8:45 am]
BILLING CODE 4810-31-P