[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Proposed Rules]
[Pages 38646-38647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15248]
[[Page 38646]]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Parts 40, 41, and 44
[Docket No. TTB-2013-0006; Notice No. 137; Re: T.D. TTB-115; T.D. ATF-
421; T.D. ATF-422; ATF Notice Nos. 887 and 888]
RIN 1513-AB37
Importer Permit Requirements for Tobacco Products and Processed
Tobacco, and Other Requirements for Tobacco Products, Processed Tobacco
and Cigarette Papers and Tubes
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: Elsewhere in this issue of the Federal Register, by means of a
temporary rule, the Alcohol and Tobacco Tax and Trade Bureau (TTB) is
amending its regulations pertaining to permits for importers of tobacco
products and processed tobacco by extending the duration of new permits
from three years to five years. Based on its experience in the
administration and enforcement of importer permits over the past
decade, TTB believes that it can gain administrative efficiencies and
reduce the burden on industry members, while still meeting the purposes
of the limited-duration permit, by extending the permit duration to
five years. That temporary rule also makes several technical
corrections by amending the definition of ``Manufacturer of tobacco
products'' to reflect a recent statutory change, and by amending a
reference to the sale price of large cigars to incorporate a
clarification published in a prior TTB temporary rule. Finally, the
temporary rule published elsewhere in this issue incorporates and
reissues TTB regulations pertaining to importer permit requirements for
tobacco products, and minimum manufacturing and marking requirements
for tobacco products and cigarette papers and tubes, and, as a result,
that temporary rule replaces temporary regulations originally published
in 1999. The text of the regulations in that temporary rule published
elsewhere in this issue of the Federal Register serves as the text of
the proposed regulations.
DATES: Comments must be received on or before August 26, 2013.
ADDRESSES: You may send comments on this notice to one of the following
addresses:
http://www.regulations.gov: (via the online comment form
for this notice as posted within Docket No. TTB-2013-0006 at
``Regulations.gov,'' the Federal e-rulemaking portal);
Mail: Director, Regulations and Rulings Division, Alcohol
and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005; or
Hand Delivery/Courier in Lieu of Mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 200E, Washington, DC
20005.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this notice, any comments received, and the
related temporary rule at http://www.regulations.gov within Docket No.
TTB-2013-0006. A direct link to that Regulations.gov docket is also
available under Notice No. 137 on the TTB Web site at http://www.ttb.gov/tobacco/tobacco-rulemaking.shtml. You also may view copies
of these documents by appointment at the TTB Information Resource
Center, 1310 G Street NW., Washington, DC 20220. Please call 202-453-
2270 to make an appointment.
FOR FURTHER INFORMATION CONTACT: For questions concerning this
document, contact David Berenbaum, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau (202-453-1039, ext. 100 or
[email protected]).
SUPPLEMENTARY INFORMATION:
Background
In the Rules and Regulations section of this issue of the Federal
Register, the Alcohol and Tobacco Tax and Trade Bureau (TTB) is
amending regulations pertaining to permits for importers of tobacco
products and processed tobacco by extending the duration of new permits
from three years to five years. TTB is also issuing a temporary rule
reissuing and updating regulatory amendments to implement certain
provisions of the Balanced Budget Act of 1997 (BBA) (Pub. L. 105-33,
111 Stat. 672). The temporary rule updates and reissues TTB regulations
pertaining to importer permit requirements for tobacco products, and
minimum manufacturing and marking requirements for tobacco products and
cigarette papers and tubes. The regulations contained in the temporary
rule and proposed in this document replace temporary regulations issued
under T.D. ATF-421 and T.D. ATF-422, which were originally published in
1999 by the former Bureau of Alcohol, Tobacco and Firearms (ATF).
Finally, the temporary rule makes several technical corrections by
amending the definition of ``Manufacturer of tobacco products'' to
reflect a recent statutory change, and amending references to the sale
price of large cigars to incorporate a clarification published in a
prior TTB temporary rule.
The temporary regulations involve amendments to parts 40, 41, and
44 of the TTB regulations (27 CFR parts 40, 41, and 44). The text of
the temporary regulations serves as the text of these proposed
regulations. The preamble to the temporary regulations explains the
proposed regulations.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on this
proposed rulemaking. Please submit your comments by the closing date
shown above in this notice. Your comments must reference Notice No. 137
and include your name and mailing address. Your comments also must be
made in English, be legible, and be written in language acceptable for
public disclosure. TTB does not acknowledge receipt of comments, and
TTB considers all comments as originals.
Submitting Comments
You may submit comments on this notice by one of the following
three methods:
Federal e-Rulemaking Portal: You may electronically submit
comments on this notice through ``Regulations.gov,'' the Federal e-
rulemaking portal. A direct link to the Regulations.gov docket
containing this notice, Docket No. TTB-2013-0006, and its related
comment submission form is available on the TTB Web site at http://www.ttb.gov/tobacco/tobacco-rulemaking.shtml under Notice No. 137. You
may also reach this notice and its related comment form via the
Regulations.gov search page at http://www.regulations.gov. Supplemental
files may be attached to comments submitted via Regulations.gov. For
information on how to use Regulations.gov, visit the site and click on
the ``Help'' tab.
Mail: You may send written comments to the Director,
Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 200E, Washington, DC 20005.
[[Page 38647]]
If you are commenting on behalf of an association, business, or
other entity, your comment must include the entity's name as well as
your name and position title. If you comment via http://www.regulations.gov, please enter the entity's name in the
``Organization'' blank of the comment form. If you comment via mail,
please submit your entity's comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
On the Federal e-rulemaking portal, Regulations.gov, TTB will post,
and you may view, copies of this notice, any electronic or mailed
comments TTB receives about this proposal, and the related temporary
rule within Docket No. TTB-2013-0006. A direct link to that
Regulations.gov docket is available on the TTB Web site at http://www.ttb.gov/tobacco/tobacco-rulemaking.shtml under Notice No. 137. You
may also reach the relevant docket through the Regulations.gov search
page at http://www.regulations.gov.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that TTB considers unsuitable for posting.
You also may view copies of this notice, any electronic or mailed
comments TTB receives about this proposal, and the related temporary
rule by appointment at the TTB Information Resource Center, 1310 G
Street, NW., Washington, DC 20220. You may also obtain copies at 20
cents per 8.5- x 11-inch page. Contact TTB's information specialist at
the above address or by telephone at 202-453-2270 to schedule an
appointment or to request copies of comments or other materials.
Regulatory Analysis
Since the regulatory text proposed in this notice of proposed
rulemaking is identical to that contained in the companion temporary
rule published elsewhere in this issue of the Federal Register, the
analysis contained in the preamble of the temporary rule concerning the
Regulatory Flexibility Act, the Paperwork Reduction Act, the
inapplicability of prior notice and comment, and Executive Order 12866
also apply to this proposed rule.
Drafting Information
Kara T. Fontaine and other Regulations and Rulings Division staff,
Alcohol and Tobacco Tax and Trade Bureau, drafted this document.
List of Subjects
27 CFR Part 40
Cigars and cigarettes, Claims, Electronic funds transfers, Excise
taxes, Imports, Labeling, Packaging and containers, Reporting and
recordkeeping requirements, Surety bonds, Tobacco.
27 CFR Part 41
Cigars and cigarettes, Claims, Customs duties and inspection,
Electronic fund transfers, 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, Customs
duties and inspection, Excise taxes, Exports, Foreign trade zones,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements, Surety bonds, Tobacco, Vessels, Warehouses.
Proposed Amendments to the Regulations
For the reasons discussed in the preamble, TTB proposes to amend 27
CFR, chapter I, parts 40, 41, and 44 as follows:
PART 40--MANUFACTURE OF TOBACCO PRODUCTS, CIGARETTE PAPERS AND
TUBES, AND PROCESSED TOBACCO
0
1. The authority citation for part 40 is revised to read as follows:
Authority: 26 U.S.C. 5701-5705, 5711-5713, 5721-5723, 5731,
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.
0
2. [The proposed amendatory instructions and the proposed regulatory
text for part 40 are the same as the amendatory instructions and the
amendatory regulatory text set forth in the temporary rule on this
subject published in the Rules and Regulations section of this issue of
the Federal Register.]
PART 41--IMPORTATION OF TOBACCO PRODUCTS, CIGARETTE PAPERS AND
TUBES, AND PROCESSED TOBACCO
0
3. 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, 6302, 6313, 6404, 7101, 7212, 7342,
7606, 7651, 7652, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.
0
4. [The proposed amendatory instructions and the proposed regulatory
text for part 41 are the same as the amendatory instructions and the
amendatory regulatory text set forth in the temporary rule on this
subject published in the Rules and Regulations section of this issue of
the Federal Register.]
PART 44--EXPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND
TUBES, WITHOUT PAYMENT OF TAX OR WITH DRAWBACK OF TAX
0
5. The authority citation for part 44 continues to read as follows:
Authority: 26 U.S.C. 5701-5705, 5711-13, 5721-5723, 5731, 5741,
5751, 5754, 6061, 6065, 6151, 6402, 6404, 6806, 7011, 7212, 7342,
7606, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.
0
6. [The proposed amendatory instructions and the proposed regulatory
text for part 44 are the same as the amendatory instructions and the
amendatory regulatory text set forth in the temporary rule on this
subject published in the Rules and Regulations section of this issue of
the Federal Register.]
Signed: April 10, 2013.
John J. Manfreda,
Administrator.
Approved: April 11, 2013.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2013-15248 Filed 6-26-13; 8:45 am]
BILLING CODE 4810-31-P