[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30013-30014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14851]



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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 0 and 70

[Notice No. 824]
RIN 1512-AB54


Recodification of the Statement of Procedural Rules in Part 70 
(96R-007P)

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: As part of a regulatory reform initiative, the Bureau of 
Alcohol, Tobacco and Firearms (ATF) is proposing to revise the 
statement of procedural rules in subpart E of 27 CFR Part 70, and 
recodify this statement as a new part 0 of 27 CFR. ATF solicits 
comments on its proposals and suggestions for further improvements in 
the statement of procedural rules.

DATES: Written comments must be received by August 12, 1996.

ADDRESSES: Send written comments to: Chief, Wine, Beer and Spirits 
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box 
50221, Washington, DC 20091-0221, Attn: Notice No. 824. Copies of 
written comments received in response to this notice of proposed 
rulemaking will be available for public inspection during normal 
business hours at: ATF Reference Library, Office of Public Affairs and 
Disclosure, Room 6480, 650 Massachusetts Avenue, NW, Washington, DC 
20226.

FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Wine, Beer and 
Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 
650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8230).

[[Page 30014]]

SUPPLEMENTARY INFORMATION:

Background

    On February 21, 1995, President Clinton announced a regulatory 
reform initiative. As part of this initiative, each Federal agency was 
instructed to conduct a page by page review of all agency regulations 
to identify those which are obsolete or burdensome and those whose 
goals could be better achieved through the private sector, self-
regulation or state and local governments. In cases where the agency's 
review disclosed regulations which should be revised or eliminated, the 
agency would propose administrative changes to its regulations. In 
addition, on April 13, 1995, the Bureau published Notice 809 (60 FR 
18783) requesting comments from the public regarding which ATF 
regulations could be improved or eliminated.
    No specific comments were received in response to that notice 
concerning the content or arrangement of the statement of procedural 
rules in subpart E of 27 CFR Part 70. The Bureau, in its own review, 
determined that the statement of procedural rules should be removed 
from its present location and placed in a location which reflects its 
unique function as a summary statement of the regulations and the 
formal and informal procedures applicable to the activities conducted 
under the laws administered and enforced by ATF. In addition, the 
statement of procedural rules will soon need substantial revision to 
reflect ongoing projects consolidating, eliminating and revising other 
parts of the regulations. Finally, ATF wishes to improve the usefulness 
of the statement of procedural rules to the public and regulated 
industries as a guide to agency operations.

Proposed Changes

    When the pending regulatory reform projects are complete, ATF plans 
to revise the statement of procedural rules in order to provide current 
descriptions and citations. At the same time, ATF proposes to move the 
statement of procedural rules from its current location as sections 
70.411 to 70.462 of subpart E of 27 CFR Part 70 to a new location as 27 
CFR Part 0 at the beginning of 27 CFR for ease of use. We also plan to 
restructure the statement. We believe the statement will be more 
helpful and easier to use as a reference tool if it is divided into 
more sections, to allow for better indexing, and arranged by commodity, 
so that all provisions relating to a particular subject will be 
together. For example, instead of having information pertaining to wine 
labels mixed in with discussions of nonindustrial use of distilled 
spirits and establishment of breweries, we will adopt an arrangement 
which will place descriptions of all ATF procedural rules which affect 
wine labeling together in one location.

Public Participation

    ATF requests comments from all interested persons on the proposals 
presented in this notice. We particularly request suggestions for any 
additional information which should be placed in the statement of 
procedural rules to make it more useful, and any suggestions for 
arrangement or indexing of the information already contained in the 
statement.
    After consideration of all comments and suggestions, ATF may issue 
a Treasury decision. The proposals discussed in this notice may be 
modified due to comments and suggestions received.
    Comments received on or before the closing date will be carefully 
considered. Comments received after the closing date will be given the 
same consideration if it is practical to do so, but assurance of 
consideration cannot be given except as to comments received on or 
before the closing date. ATF will not recognize any material or 
comments as confidential. All comments submitted in response to this 
notice will be available for public inspection. Any material that the 
commenter considers 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.

Executive Order 12866

    It has been determined that this document is not a significant 
regulatory action as defined in E.O. 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 changes proposed are for the purpose of clarifying the 
existing regulations and making them easier to use. No substantive 
changes are proposed. Pursuant to section 7805(f) of the Internal 
Revenue Code, this proposed regulation has been submitted to the Chief 
Counsel for Advocacy of the Small Business Administration for comment 
on its impact on small business.

Paperwork Reduction Act

    Although the information collections described in sections 70.411 
through 70.414, 70.431 and 70.433 of subpart E of Part 70 merely 
summarize and reference the parts of Title 27 CFR where the information 
collections are imposed, these sections were reviewed and approved by 
the Office of Management and Budget under control numbers 1512-0141 and 
1512-0472. These control numbers were in effect on October 1, 1995, the 
effective date of the Paperwork Reduction Act of 1995. Any comments on 
these collections of information may be sent to the Office of 
Management and Budget, Attention: Desk officer for the Department of 
the Treasury, Bureau of Alcohol, Tobacco and Firearms, Office of 
Information and Regulatory Affairs, Washington, DC 20503, with copies 
to the Chief, Document Services Branch, Room 3450, Bureau of Alcohol, 
Tobacco and Firearms, 650 Massachusetts Avenue, NW, Washington, DC 
20226. No additional requirement to collect information is proposed in 
this document.

    Drafting Information: The principal author of this document is 
Marjorie D. Ruhf of the Wine, Beer and Spirits Regulations Branch, 
Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 70

    Administrative practice and procedure, Alcohol and alcoholic 
beverages, Authority delegations, Bankruptcy, Claims, Disaster 
assistance, Excise taxes, Firearms and ammunition, Government 
employees, Law enforcement, Law enforcement officers, Penalties, 
Reporting and recordkeeping requirements, Seizures and forfeitures, 
Surety bonds, Tobacco.

    Authority: This notice of proposed rulemaking is issued under 
the authority in 18 U.S.C. 847 and 926; 26 U.S.C. 7805; 27 U.S.C. 
201-219a.

    Signed: May 21, 1996.
John W. Magaw,
Director.

    Approved: May 24, 1996.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 96-14851 Filed 6-12-96; 8:45 am]
BILLING CODE 4810-31-U