22488 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 

period. Accordingly, a regulatory 

flexibility analysis is not required. 

B. Executive Order 12866 

This rule is not a significant 

regulatory action as defined by 

Executive Order 12866. Therefore, a 

regulatory assessment is not required. 

C. Paperwork Reduction Act 

The collection of information 

contained in this final regulation has 

been reviewed and approved by the 

Office of Management and Budget 

(OMB) in accordance with the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)) under control number 1513– 

0087. 

The collection of information in this 

regulation is in 27 CFR 4.32, 5.32, and 

7.22, and involves mandatory 

disclosures of information on labels. 

This information is required to prevent 

deception of the consumer and to 

provide the consumer with adequate 

information as to the identity and 

quality of the alcohol beverage product. 

The likely respondents are businesses or 

other for-profit entities, including 

partnerships, associations, and 

corporations. 

This information constitutes only a 

portion of the labeling information on 

alcohol beverages required under 

authority of the FAA Act and approved 

under control number 1513–0087. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by OMB. 

VI. Drafting Information 

The principal authors of this 

document are Lisa M. Gesser and Joanne 

C. Brady, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau. 

List of Subjects 

27 CFR Part 4 

Administrative practice and 

procedure, Advertising, Customs duties 

and inspection, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements, Trade 

practices, Wine. 

27 CFR Part 5 

Administrative practice and 

procedure, Advertising, Customs duties 

and inspection, Distilled spirits, 

Imports, Labeling, Packaging and 

containers, Reporting and recordkeeping 

requirements, Trade practices. 

27 CFR Part 7 

Administrative practice and 

procedure, Advertising, Customs duties 

and inspection, Imports, Labeling, Malt 

Beverages, Reporting and recordkeeping 

requirements, Trade practices. 

Amendments to the Regulations 

For the reasons discussed in the 

preamble, TTB amends 27 CFR, chapter 

I, parts 4, 5, and 7, as set forth below: 

PART 4—LABELING AND 

ADVERTISING OF WINE 

■ 1. The authority citation for 27 CFR 

part 4 continues to read as follows: 

Authority: 27 U.S.C. 205, unless otherwise 

noted. 

■ 2. In § 4.32, add a new paragraph (d) 

to read as follows: 

§ 4.32 Mandatory label information. 

* * * * * 

(d) Declaration of cochineal extract or 

carmine. There shall be stated on a front 

label, back label, strip label, or neck 

label a statement that the product 

contains the color additive cochineal 

extract or the color additive carmine, 

prominently and conspicuously, using 

the respective common or usual name 

(‘‘cochineal extract’’ or ‘‘carmine’’), 

where either of the coloring materials is 

used in a product that is removed on or 

after April 16, 2013. (For example: 

‘‘Contains Cochineal Extract’’ or 

‘‘Contains Carmine’’ or, if applicable, 

‘‘Contains Cochineal Extract and 

Carmine’’). 

* * * * * 

PART 5—LABELING AND 

ADVERTISING OF DISTILLED SPIRITS 

■ 3. The authority citation for 27 CFR 

part 5 continues to read as follows: 

Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 

205. 

■ 4. In § 5.32, add a new paragraph 

(b)(6) to read as follows: 

§ 5.32 Mandatory label information. 

* * * * * 

(b) * * * 

(6) A statement that the product 

contains the color additive cochineal 

extract or the color additive carmine, 

prominently and conspicuously, using 

the respective common or usual name 

(‘‘cochineal extract’’ or ‘‘carmine’’), 

where either of the coloring materials is 

used in a product that is removed on or 

after April 16, 2013. (For example: 

‘‘Contains Cochineal Extract’’ or 

‘‘Contains Carmine’’ or, if applicable, 

‘‘Contains Cochineal Extract and 

Carmine’’). The statement that the 

product contains the color additive 

cochineal extract or the color additive 

carmine may appear on a strip label or 

a neck label in lieu of appearing on the 

brand label or back label. 

* * * * * 

PART 7—LABELING AND 

ADVERTISING OF MALT BEVERAGES 

■ 5. The authority citation for 27 CFR 

part 7 continues to read as follows: 

Authority: 27 U.S.C. 205. 

■ 6. In § 7.22, a new paragraph (b)(5) is 

added to read as follows: 

§ 7.22 Mandatory label information. 

* * * * * 

(b) * * * 

(5) A statement that the product 

contains the color additive cochineal 

extract or the color additive carmine, 

prominently and conspicuously, using 

the respective common or usual name 

(‘‘cochineal extract’’ or ‘‘carmine’’), 

where either of the coloring materials is 

used in a product that is removed on or 

after April 16, 2013. (For example: 

‘‘Contains Cochineal Extract’’ or 

‘‘Contains Carmine’’ or, if applicable, 

‘‘Contains Cochineal Extract and 

Carmine’’). The statement that the 

product contains the color additive 

cochineal extract or the color additive 

carmine may appear on a strip label or 

a neck label in lieu of appearing on the 

brand label or back label. 

* * * * * 

Signed: March 12, 2012. 

John J. Manfreda, 

Administrator. 

Approved: March 12, 2012. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2012–9101 Filed 4–13–12; 8:45 am] 

BILLING CODE 4810–31–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4003 

RIN 1212–AB04 

Rules for Administrative Review of 

Agency Decisions; Section 4071 

Penalty Assessments 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Pension Benefit Guaranty Corporation’s 

administrative review regulation to 

make it applicable to assessments of 


emcdonald on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 22489 

1The 1995 policy statement generally replaced 

the 1992 statement. 

2Although it was published as a proposal with an 

invitation for public comment, the 2001 penalty 

policy proposed rule was (as its preamble stated) 

not subject to notice and comment rulemaking 

requirements under section 553 of the 

Administrative Procedure Act because it dealt only 

with general statements of PBGC policy and with 

PBGC procedural rules. On November 17, 2006 (at 

71 FR 66867), PBGC published a final rule adding 

a penalty policy appendix, drawn from the 2001 

proposed rule, to its regulation on Payment of 

Premiums. 

3Premium penalties under ERISA section 4007 

are already covered by the administrative review 

regulation. Premium penalty determinations are in 

the class of matters for which reconsideration is 

provided. 

4On May 7, 2004 (at 69 FR 25797), PBGC 

proposed a new penalty policy for failures to issue 

Participant Notices as required under ERISA section 

4011 and PBGC’s regulation on Disclosure to 

Participants (29 CFR part 4011), the provisions of 

which are inapplicable to plan years starting after 

2006. Comments received on that proposal were 

relevant to some aspects of the 2001 proposal, but 

not to the administrative review provisions. 

5See www.pbgc.gov/documents/plan-forregulatory-review.pdf. 

penalties for failure to timely provide 

certain notices or other material 

information. Under the rule, such 

assessments will be subject to 

reconsideration in accordance with the 

provisions of the regulation. 

DATES: Effective May 16, 2012 and 

applicable to determinations made on or 

after that date. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion (klion.catherine@

pbgc.gov), Manager, or Deborah C. 

Murphy (murphy.deborah@pbgc.gov), 

Attorney, Regulatory and Policy 

Division, Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation, 1200 K Street NW., 

Washington, DC 20005–4026; 202–326– 

4024. (TTY/TDD users may call the 

Federal relay service toll free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: The 

Pension Benefit Guaranty Corporation 

(PBGC) administers the pension plan 

termination insurance program under 

title IV of the Employee Retirement 

Income Security Act of 1974 (ERISA). 

PBGC’s regulation on Rules for 

Administrative Review of Agency 

Decisions (29 CFR Part 4003) provides 

rules governing the issuance of initial 

determinations by PBGC involving the 

matters set forth in the regulation and 

procedures for requesting and obtaining 

PBGC review of those determinations, 

either by appeal (a more formal 

proceeding) or by request for 

reconsideration (a less formal process), 

depending on the type of matter. A 

person that fails to exhaust 

administrative remedies under the 

regulation with respect to a 

determination may not be able to raise 

in court some legal defenses against 

enforcement of the determination that 

might otherwise have been available. 

Section 4071 of ERISA authorizes 

PBGC to assess a penalty for failure to 

timely provide any notice or other 

material information required under 

ERISA sections 4001–4071 or 303(k)(4) 

or regulations thereunder. PBGC 

published policy guidance on its 

assessment and review of section 4071 

penalties on March 3, 1992 (at 57 FR 

7605), and July 18, 1995 (at 60 FR 

36837).1 On January 12, 2001 (at 66 FR 

2857), PBGC published a proposed rule 

on Assessment of and Relief from 

Penalties under both ERISA section 

4007 (dealing with payment of 

premiums) and ERISA section 4071.2

Among the proposed actions was 

amendment of the administrative review 

regulation to make determinations with 

respect to penalties under section 4071 

subject to that regulation, in the class of 

matters reviewable by reconsideration.3

No comments were received on the 

proposal.4

This final rule amends the 

administrative review regulation 

consistent with the 2001 proposal. This 

change will promote uniformity in 

PBGC’s procedures for making and 

reviewing determinations. The 

provisions of the administrative review 

regulation will supersede any 

inconsistent provisions of the 1992 and 

1995 penalty policy statements; in other 

respects, those policy statements will be 

unaffected. 

Applicability 

The amendment made by this rule 

applies to determinations under section 

4071 made on or after May 16, 2012. 

Compliance With Rulemaking 

Guidelines 

PBGC has determined that this action 

is not a ‘‘significant regulatory action’’ 

under the criteria set forth in Executive 

Order 12866. 

This rule is not subject to notice and 

comment rulemaking requirements 

under section 553 of the Administrative 

Procedure Act because it deals only 

with PBGC procedural rules. Because no 

general notice of proposed rulemaking 

is required, the Regulatory Flexibility 

Act does not apply. See 5 U.S.C. 601(2), 

603, 604. 

This action is associated with 

retrospective review and analysis in 

PBGC’s Plan for Regulatory Review 5

issued in accordance with Executive 

Order 13563 on ‘‘Improving Regulation 

and Regulatory Review.’’ 

List of Subjects in 29 CFR Part 4003 

Administrative practice and 

procedure, Organization and functions 

(Government agencies), Pension 

insurance, Pensions. 

For the reasons given above, PBGC is 

amending 29 CFR part 4003 as follows. 

PART 4003—RULES FOR 

ADMINISTRATIVE REVIEW OF 

AGENCY DECISIONS 

■ 1. The authority citation for part 4003 

continues to read as follows: 

Authority: 29 U.S.C. 1302(b)(3). 

■ 2. In § 4003.1, paragraph (a) is 

amended by removing the words ‘‘(b)(1) 

through (b)(4)’’ and adding in their 

place the words ‘‘(b)(1) through (b)(5)’’ 

and by removing the words ‘‘(b)(5) 

through (b)(10)’’ and adding in their 

place the words ‘‘(b)(6) through (b)(11)’’; 

paragraphs (b)(5) through (b)(10) are 

redesignated as paragraphs (b)(6) 

through (b)(11); and a new paragraph 

(b)(5) is added to read as follows: 

§ 4003.1 Purpose and scope. 

* * * * * 

(b) Scope. * * * 

(5) Determinations with respect to 

penalties under section 4071 of ERISA; 

* * * * * 

Issued in Washington, DC, this 6th day of 

April 2012. 

Joshua Gotbaum, 

Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2012–9095 Filed 4–13–12; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2010–0929] 

RIN 1625–AA01 

Special Anchorage Regulations, 

Newport Bay Harbor, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is expanding 

the boundaries of the special anchorage 

areas in Newport Bay Harbor, California, 

to encompass and replace temporary 

anchorage grounds C–1 and C–2, and 

anchorage ground C–3. This rule 

realigns anchorage boundaries to reflect 

the way the harbor currently is used. 

DATES: This rule is effective May 16, 

2012. 


emcdonald on DSK29S0YB1PROD with RULES