[Federal Register: August 21, 1998 (Volume 63, Number 162)]


[Proposed Rules]               


[Page 44819-44820]


From the Federal Register Online via GPO Access [wais.access.gpo.gov]


[DOCID:fr21au98-16]





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DEPARTMENT OF THE TREASURY





Bureau of Alcohol, Tobacco and Firearms





27 CFR Parts 4, 19, 24, 194, 250 and 251





(Notice No. 859)


RIN 1512-AB71





 


Implementation of Public Law 105-34, Sections 908, 910 and 1415, 


Related to Hard Cider, Semi-Generic Wine Designations, and Wholesale 


Liquor Dealers' Signs (97-2523)





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


the Treasury.








[[Page 44820]]








ACTION: Notice of proposed rulemaking cross referenced to temporary 


regulations.





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SUMMARY: In the Rules and Regulations portion of this Federal Register, 


the Bureau of Alcohol, Tobacco and Firearms (ATF) is issuing temporary 


regulations to implement sections 908, 910 and 1415 of the Taxpayer 


Relief Act of 1997. The new law made changes in the excise tax on hard 


cider, clarified the authority to use semi-generic designations on wine 


labels, and repealed the requirement for wholesale dealers in liquors 


to post signs. The wine regulations are amended to incorporate the new 


cider tax rate and to recognize the labeling changes relative to the 


designation of hard cider. These regulations are also amended to 


incorporate the semi-generic wine designations, and the liquor dealers' 


regulations are amended to eliminate the requirement for posting a 


sign. Clarifying changes are made to parts 19, 250 and 251. In this 


notice of proposed rulemaking, ATF invites comments on the temporary 


rule.





DATES: Written comments must be received on or before October 20, 1998.





ADDRESSES: Send written comments to: Chief, Regulations Branch, Bureau 


of Alcohol, Tobacco and Firearms, PO Box 50221, Washington, DC 20091-


0221, Attention: Notice Number 859.





FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Regulations Branch, 


650 Massachusetts Avenue, NW, Washington, DC 20226; (202) 927-8230; or 


mdruhf@atf.gov.





SUPPLEMENTARY INFORMATION:





Executive Order 12866





    It has been determined that this proposed rule is not a significant 


regulatory action as defined by Executive Order 12866. Therefore, a 


regulatory assessment is not required.





Regulatory Flexibility Act





    It is hereby certified that these proposed regulations will not 


have a significant economic impact on a substantial number of small 


entities. Accordingly, a regulatory flexibility analysis is not 


required. The revenue effects of this rulemaking on small businesses 


flow directly from the underlying statute. Likewise, any secondary or 


incidental effects, and any reporting, recordkeeping, or other 


compliance burdens flow directly from the statute. Pursuant to 26 


U.S.C. 7805(f), this proposed regulation will be submitted to the Chief 


Counsel for Advocacy of the Small Business Administration for comment 


on its impact on small business.





Public Participation





    ATF requests comments on the temporary regulations from all 


interested persons. Comments received on or before the closing date 


will be carefully considered. Comments received after that date will be 


given the same consideration if it is practicable to do so, but 


assurance of consideration cannot be given except as to comments 


received on or before the closing date.


    Comments may be submitted by facsimile transmission (FAX) to (202) 


927-8602, provided the comments: (1) Are legible, (2) are 8\1/2\''  x  


11'' in size, (3) contain a written signature, and (4) are three pages 


or less in length. This limitation is necessary to assure reasonable 


access to the equipment. Comments sent by FAX in excess of three pages 


will not be accepted. Receipt of FAX transmittals will not be 


acknowledged. Facsimile transmitted comments will be treated as 


originals.


    ATF will not recognize any material in comments as confidential. 


Comments may be disclosed to the public. Any material which the 


commenter considers to be confidential or inappropriate for disclosure 


to the public should not be included in the comment. The name of the 


person submitting the comment is not exempt from disclosure. During the 


comment period, any person may request an opportunity to present oral 


testimony at a public hearing. However, the Director reserves the 


right, in light of all circumstances, to determine if a public hearing 


is necessary.


    The temporary regulations in this issue of the Federal Register 


amend the regulations in 27 CFR Parts 4, 19, 24, 194, 250 and 251. For 


the text of the temporary regulations see T.D. ATF-398, published in 


the Rules and Regulations section of this issue of the Federal 


Register.





Drafting Information





    The principal author of this document is Marjorie D. Ruhf, 


Regulations Branch, Bureau of Alcohol, Tobacco and Firearms. However, 


other personnel of ATF and the Treasury Department participated in 


developing the document.





    Signed: July 23, 1998.


John W. Magaw,


Director.





    Approved: July 23, 1998.


John P. Simpson,


Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).


[FR Doc. 98-22502 Filed 8-20-98; 8:45 am]


BILLING CODE 4810-31-P


This was last updated on October 14, 1998