[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Proposed Rules]
[Pages 42812-42813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20404]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Parts 40, 41, 44, and 45

[Docket No. TTB-2009-0002; Notice No. 98; Re: Notice No. 95, T.D. TTB-
78 and T.D. TTB-80]
RIN 1513-AB72


Implementation of Statutory Amendments Requiring the 
Qualification of Manufacturers and Importers of Processed Tobacco and 
Other Amendments Related To Permit Requirements, and the Expanded 
Definition of Roll-Your-Own Tobacco; Extension of Comment Period

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

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

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SUMMARY: In response to a request filed on behalf of several industry 
members, the Alcohol and Tobacco Tax and Trade Bureau is reopening the 
comment period for Notice No. 95, a notice of proposed rulemaking 
published in the Federal Register on June 22, 2009. The proposed rule 
seeks comments on a concurrently published temporary rule implementing 
permit requirements for manufacturers and importers of processed 
tobacco and an expansion of the definition of roll-your-own tobacco 
adopted in the Children's Health Insurance Program Reauthorization Act 
of 2009. The text of the regulations contained in the temporary rule 
serves as the text of the proposed regulations.

DATES: The comment period for the proposed rule (Notice No. 95) 
published June 22, 2009, at 74 FR 29433 is reopened. Written comments 
on Notice No. 95 must now be received on or before October 20, 2009.

ADDRESSES: You may send comments on Notice No. 95 to one of the 
following addresses:
    <bullet> http://www.regulations.gov (via the online comment form 
for Notice No. 95 as posted within Docket No. TTB-2009-0002 at 
``Regulations.gov,'' the Federal e-rulemaking portal);
    <bullet> Director, Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412; or
    <bullet> Hand Delivery/Courier in Lieu of Mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street, NW., Suite 200-E, Washington, DC 
20005.
    See the Public Participation section of Notice No. 95 for specific 
instructions and requirements for submitting

[[Page 42813]]

comments, and for information on how to request a public hearing.
    You may view copies of this notice, Notice No. 95, any comments 
received, the related temporary rule (T.D. TTB-78), and a correction to 
the temporary rule (T.D. TTB-80) at http://www.regulations.gov. A 
direct link to the related Regulations.gov docket also is available 
under Notice No. 95 on the TTB Web site at http://www.ttb.gov/regulations_laws/all_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. To make an appointment, call 
202-453-2270 (new phone number).

FOR FURTHER INFORMATION CONTACT: For questions concerning processed 
tobacco permit and authorization procedures, contact the National 
Revenue Center, Alcohol and Tobacco Tax and Trade Bureau at 1-877-882-
3277; for other questions concerning this document, Notice No. 95, or 
the related temporary rule, contact Amy Greenberg, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau at 202-453-
2099 (new phone number).

SUPPLEMENTARY INFORMATION: In the Federal Register issue of June 22, 
2009, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published a 
temporary rule (T.D. TTB-78; 74 FR 29401) setting forth regulatory 
amendments to 27 CFR parts 40, 41, 44, and 45 to implement certain 
changes made to the Internal Revenue Code of 1986 by the Children's 
Health Insurance Program Reauthorization Act of 2009 (CHIPRA) (Pub. L. 
111-3, 123 Stat. 8). The principal changes made by CHIPRA involve 
permit and related requirements for manufacturers and importers of 
processed tobacco and an expansion of the definition of roll-your-own 
tobacco.
    In the same issue of the Federal Register, we concurrently 
published a notice of proposed rulemaking, Notice No. 95 (74 FR 29433), 
to request comments on the regulatory amendments contained in the 
temporary rule. The preamble to the temporary regulations explained the 
proposed regulations. As originally published, comments on Notice No. 
95 were due on August 21, 2009. (On July 29, 2009, we published 
corrections to the temporary rule in T.D. TTB-80 at 74 FR 37551.)
    On August 19, 2009, TTB received a letter from a law firm 
representing the John Middleton Co., Philip Morris USA Inc., and U.S. 
Smokeless Tobacco Manufacturing Co. LLC, requesting an extension of the 
comment period for Notice No. 95. In the letter, the requester noted 
the temporary rule's immediate effective date and the fact that TTB 
issued the temporary rule and the related notice of proposed rulemaking 
just before the annual TTB Expo, which was attended by many company 
officials. The letter stated these events gave the companies ``little 
time to digest the implications of the temporary rule prior to the Expo 
* * *.'' Since returning from the Expo, the companies have found ``the 
process of identifying all activity within the factories that might 
have implications for processed tobacco'' to be ``extensive and time 
consuming.''
    The letter also noted that the TTB temporary rule was issued on the 
same day as the enactment of the Family Smoking Prevention and Tobacco 
Control Act, which provides for regulation of tobacco products by the 
Food and Drug Administration. ``Thus,'' the letter states, ``key 
personnel within the Companies and other industry entities were 
involved in evaluation of this legislation and identification of its 
implications for their operations.'' The letter additionally noted that 
the comment period on the proposed rule coincided with the summer 
vacation season when company officials are most likely to be away from 
their offices.
    Given the factors cited above, TTB agrees that the comment period 
for Notice No. 95 should be extended by an additional 60 days. 
Therefore, comments on Notice No. 95 are now due on October 20, 2009.

Drafting Information

    Michael Hoover of the Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, drafted this document.

    Signed: August 20, 2009.
Cheri D. Mitchell,
Acting Administrator.
[FR Doc. E9-20404 Filed 8-24-09; 8:45 am]
BILLING CODE 4810-31-P