[Federal Register: October 8, 2002 (Volume 67, Number 195)]
[Proposed Rules]
[Page 62860-62861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc02-25]
[[Page 62860]]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Parts 4, 5, 7, and 13
[Notice No. 954; Re: T.D. ATF-483]
RIN 1512-AC87
Organic Claims in Labeling and Advertising of Alcohol Beverages
(2002R-288P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
ACTION: Notice of proposed rulemaking; request for comments.
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SUMMARY: ATF is proposing to finalize temporary regulations published
elsewhere in this seperate part that amend the alcohol labeling and
advertising rules to cross-reference the United States Department of
Agriculture's (USDA) National Organic Program (NOP) rules. Any alcohol
beverage labeled or advertised with an organic claim must comply with
both NOP rules administered by the USDA and the applicable rules
administered by ATF. In this notice of proposed rulemaking, we invite
comments on the temporary rule.
DATES: Written comments must be received by December 9, 2002.
ADDRESSES: You may send comments to any of the following addresses--
[sbull] Chief, Regulations Division, Bureau of Alcohol, Tobacco and
Firearms, PO Box 50221, Washington, DC 20091-0221 (Attn: Notice No.
954);
[sbull] 202-927-8525 (Facsimile);
[sbull] nprm@atfhq.atf.treas.gov (E-mail);
[sbull] http://www.atf.treas.gov (Online--A comment form is
available with this copy of the notice).
See the ``Public Participation'' section of this notice for
specific requirements, as well as information on how to request a
public hearing.
FOR FURTHER INFORMATION CONTACT: Richard Evanchec, Alcohol Labeling and
Formulation Division, Bureau of Alcohol, Tobacco and Firearms, 650
Massachusetts Avenue, NW., Washington, DC 20226; telephone 202-927-
8140; e-mail RJEvanchec@atfhq.atf.treas.gov.
SUPPLEMENTARY INFORMATION: Please see the T.D. ATF-483 published in the
``Rules and Regulations'' section of today's issue of the Federal
Register for a discussion of our temporary and proposed changes to
parts 4, 5, 7, and 13.
Public Participation
We request comments from anyone interested. We specifically request
comments on the clarity of the temporary rule and how we could make it
easier to understand. We will consider your comments if we receive them
on or before the closing date. We will consider comments received after
the closing date if we can.
You may view comments by appointment at the ATF Reading Room,
Public and Governmental Affairs, room 6480, 650 Massachusetts Avenue,
NW., Washington, DC 20226. You may also obtain copies at 20 cents per
page. If you want to view or request copies of comments, telephone the
ATF Librarian at 202-927-7890.
For your convenience, we will post comments received in response to
this notice on the ATF Web site. All comments posted on our Web site
will show the name of the commenter but not street addresses, telephone
numbers, or e-mail addresses. We may also omit voluminous attachments
or material that we consider unsuitable for posting. In all cases, the
full comment will be available in the ATF Reading Room. To access
online copies of the comments on this temporary rule, visit http://
www.atf.treas.gov/ and select ``Regulations,'' then ``Notices of
proposed rulemaking (Alcohol).'' Next, select ``View Comments'' under
this notice number. Finally, select ``Notice of Proposed Rulemakings
Comments'' and this notice number.
We do not recognize any submitted material as confidential. We will
disclose all information on comments and commenters. Do not enclose in
your comments any material you consider confidential or inappropriate
for disclosure.
You may submit comments in any of five ways.
[sbull] By Mail: Send written comments to ATF at the address listed
in the ADDRESSES section.
[sbull] By Facsimile: Submit comments by facsimile transmission to
202-927-8525. We will not acknowledge receipt. Comments transmitted as
facsimiles will be treated as originals, and they must--
(1) Be legible;
(2) Reference this Notice number;
(3) Be on 8.5-by 11-inch paper;
(4) Contain a legible, written signature; and
(5) Be five or less pages long. This limitation assures electronic
access to our equipment. We will not accept faxed comments that exceed
five pages.
[sbull] By e-mail: Send comments to nprm@atfhq.atf.treas.gov. We
will not acknowledge receipt of e-mail. We will treat e-mailed comments
as originals. Comments transmitted as electronic-mail must--
(1) Contain your name, mailing address, and e-mail address; and
(2) Reference this Notice number on the subject line.
[sbull] Online: See the ATF Internet Web site at http://
www.atf.treas.gov. We provide a comment form with the online copy of
this notice.
In Person: Write to the Director to ask for a public hearing. The
Director reserves the right to determine, in light of all
circumstances, whether a public hearing will be held.
Regulatory Analyses and Notices
Administrative Procedure Act
We issued the associated temporary rule without prior notice or
public procedure under 5 U.S.C. 553(b) and without it being subject to
the effective date limitation in section 553(d) for two reasons. First,
the temporary rule merely cross-references and incorporates the NOP
rules as they relate to alcohol beverage labeling. The mandatory
compliance date for the NOP rules is October 21, 2002. Second, we are
not imposing new requirements. By this notice, we are allowing
interested persons an opportunity to comment.
Regulatory Flexibility Act
A regulatory flexibility analysis is not required. Implementation
of this proposed rule would not significantly impact a substantial
number of small entities.
We do not endorse products when we approve labels that make organic
claims. These regulations merely allow bottlers to more accurately
describe their products to consumers and help consumers identify the
alcohol beverages they purchase. Thus, any benefit derived from the use
of an organic claim results from a proprietors' own efforts and from
consumer acceptance of products that comply with the rules of the NOP.
Paperwork Reduction Act
We propose no requirement to collect information. Therefore, the
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, and
its implementing regulations, 5 CFR part 1320, do not apply.
Executive Order 12866
We have determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866. Therefore, a
regulatory assessment is not required.
[[Page 62861]]
Drafting Information
Marjorie Ruhf of the Regulations Division, Bureau of Alcohol,
Tobacco and Firearms, drafted this document. Employees of the Treasury
Department and USDA, as well as other ATF employees, participated in
its development.
Signed: August 19, 2002.
Bradley A. Buckles,
Director.
Approved: September 6, 2002.
Timothy E. Skud,
Deputy Assistant Secretary, (Regulatory, Tariff, and Trade
Enforcement).
[FR Doc. 02-25264 Filed 10-7-02; 8:45 am]
BILLING CODE 4810-31-P