Alcoholic beverages: generic wine designations, and wholesale liquor dealers' signs,

[Federal Register: November 6, 1998 (Volume 63, Number 215)]

[Proposed Rules]

[Page 59921-59922]

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

[DOCID:fr06no98-18]

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

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

[Notice No. 869; Ref: 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.

ACTION: Notice of proposed rulemaking; reopening of comment period.

SUMMARY: This notice reopens the comment period for Notice No. 859, a notice of proposed rulemaking, published in the Federal Register on August 21, 1998. ATF has received requests to extend the comment period in order to provide sufficient time for all interested parties to respond to the issues raised in the notice.

DATES: Written comments must be received on or before December 7, 1998.

ADDRESSES: Send written comments to: Chief, Regulations Division; Bureau of Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC 20091-0221; ATTN: Notice No. 859. See the Public Participation section of this notice for alternative means of commenting.

FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Regulations Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8230), mdruhf@atfhq.atf.treas.gov.

SUPPLEMENTARY INFORMATION:

Background

On August 21, 1998, ATF published a temporary rule and an associated notice of proposed rulemaking in the Federal Register soliciting comments from the public and industry on three sections of the Taxpayer Relief Act of 1997, (Treasury Decision ATF-398, 63 FR 44779, and Notice No. 859, 63 FR 44819).

The comment period for Notice No. 859 closed on October 20, 1998. Prior to the close of the comment period ATF received requests from Ms. Cheryl A. Lau, a cider industry representative, Mr. Kirk Seggie, Winery Manager of Andres Wines (B.C.) Ltd., Mr. Kenton E. Kidd, of the California Apple Commission, and Mr. Thomas E. Dalldorf, Sr., Publisher of Celebrator Beer News, to extend the comment period for a short time. All these writers stated that potential commenters in the apple industry were in the middle of the apple harvest and would not be able to take time to provide the sort of historical and technical information requested in the notice. They suggested an extension until late November to afford these interested persons an opportunity to comment. In consideration of the above, ATF finds that a reopening of the comment period is warranted.

Public Participation

ATF requests comments on the temporary regulations published in Treasury decision ATF-398 (63 FR 44779) 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. Facsimile transmitted comments will be treated as originals.

Comments may also be sent by electronic mail (e-mail) to nprm@atfhq.atf.treas.gov, provided (1) the message is entitled ``Comment on Notice No. 859; (2) the name and company affiliation, if any, of the commenter is contained in the body of the message; and (3) the message contains no attachments, special characters or encryption. E-mail comments will be printed and filedwith comments submitted on paper and by facsimile transmission.

Receipt of comments will not be acknowledged. 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

[[Page 59922]]

of all circumstances, to determine if a public hearing is necessary.

Disclosure

Copies of this notice, Notice No. 859, and the written comments will be available for public inspection during normal business hours at: ATF Public Reading Room, Room 6480, 650 Massachusetts Avenue, NW, Washington, DC.

Drafting Information

The author of this document is Marjorie D. Ruhf, Regulations Division, Bureau of Alcohol, Tobacco and Firearms.

List of Subjects

27 CFR Part 4

Advertising, Consumer protection, Customs duties and inspection, Imports, Labeling, Packaging and containers, Wine.

27 CFR Part 19

Administrative practice and procedure, Alcohol and alcoholic beverages, Authority delegations, Chemicals, Claims, Customs duties and inspections, Electronic funds transfers, Excise taxes, Exports, Gasohol, Imports, Labeling, Liquors, Packaging and containers, Puerto Rico, Reporting and recordkeeping requirements, Research, Security measures, Spices and flavorings, Stills, Surety bonds, Transportation, Vinegar, Virgin Islands, Warehouses, Wine.

27 CFR Part 24

Administrative practice and procedure, Authority delegations, Claims, Electronic fund transfers, Excise taxes, Exports, Food additives, Fruit juices, Labeling, Liquors, Packaging and containers, Reporting and recordkeeping requirements, Research, Scientific equipment, Spices and flavoring, Surety bonds, Taxpaid wine bottling house, Transportation, Vinegar, Warehouses, Wine.

27 CFR Part 194

Alcohol and alcoholic beverages, Authority delegations, Beer, Claims, Excise taxes, Exports, Labeling, Liquors, Packaging and containers, Penalties, Reporting requirements, Wine.

27 CFR Part 250

Administrative practice and procedure, Alcohol and alcoholic beverages, Authority delegations (Government agencies), Beer, Claims, Customs duties and inspections, Drugs, Electronic funds transfers, Excise taxes, Foods, Liquors, Packaging and containers, Puerto Rico, Reporting and recordkeeping requirements, Spices and flavorings, Surety bonds, Transportation, Wine.

27 CFR Part 251

Administrative practice and procedure, Alcohol and alcoholic beverages, Authority delegations, Beer, Customs duties and inspections, Excise taxes, Imports, Labeling, Liquors, Packaging and containers, Perfume, Reporting and recordkeeping requirements, Transportation, Wine.

Authority and Issuance

This notice is issued under the authority in 26 U.S.C. 5301, 7805, and 27 U.S.C. 205.

Signed: October 29, 1998. John W. Magaw, Director.

[FR Doc. 98-29746Filed11-5-98; 8:45 am]

BILLING CODE 4810-31-U