[Federal Register Volume 65, Number 222 (Thursday, November 16, 2000)]
[Rules and Regulations]
[Pages 69252-69254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29409]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 4, 9, 24, 70 and 275

[T.D. ATF-432]
RIN 1512-AC25


Technical Amendments

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

ACTION: Final rule: Treasury decision.

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SUMMARY: This Treasury decision makes technical amendments and corrects 
typographical errors in various regulations of the ATF. All changes are 
to provide clarity and uniformity throughout the regulations.

DATES: Effective November 16, 2000.

FOR FURTHER INFORMATION CONTACT: Nancy Kern, Regulations Division, 
(202) 927-8210, Bureau of Alcohol, Tobacco and Firearms, 650 
Massachusetts Avenue, NW., Washington, DC 20226.

SUPPLEMENTARY INFORMATION:

Background

    The Bureau of Alcohol, Tobacco and Firearms (ATF) administers 
regulations published in title 27, Code of Federal Regulations. These 
regulations are updated April 1 of each year to incorporate new or 
revised regulations that were published by ATF in the Federal Register 
during the preceding year. ATF identified several amendments that are 
needed to provide clarity and uniformity to the regulations in 27 CFR.
    These amendments do not make any substantive changes and are only 
intended to improve the clarity of title 27.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1995, Public Law 
104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR 
1320, do not apply to this final rule because there are no 
recordkeeping or reporting requirements.

Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) do not apply to this rule because no notice of proposed 
rulemaking is necessary.

Executive Order 12866

    This final rule is not subject to the requirements of Executive 
Order 12866 because the regulations make nonsubstantive technical 
corrections to previously published regulations.

[[Page 69253]]

Administrative Procedure Act

    Because this final rule merely makes technical corrections to 
improve the clarity of the regulations, it is unnecessary to issue this 
final rule with notice and public procedure under 5 U.S.C. 553(b), or 
subject to the effective date limitation in section 553(d).

Drafting Information

    The author of this document in Nancy Kern, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms.

List of Subjects

27 CFR Part 4

    Advertising, Consumer protection, Customs duties and inspection, 
Imports, Labeling, Liquors, Packaging and Containers.

27 CFR Part 9

    Administrative practices and procedures, Consumer protection, 
Viticultural areas. 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 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.

27 CFR Part 275

    Administrative practice and procedure, Authority delegations, 
Cigars and cigarettes, Claims, Customs duties and inspections, 
Electronic fund transfers, Excise taxes, Imports, Labeling, Packaging 
and containers, Penalties, Reporting and recordkeeping requirements, 
Seizures and forfeitures, Surety bonds, Tobacco.

Authority and Issuance

    Accordingly, for the reason set out in the preamble, Title 27, Code 
of Federal Regulations is amended as follows:

PART 4--LABELING AND ADVERTISING OF WINE

    Paragraph 1. The authority citation for part 4 continues to read as 
follows:

    Authority: 17 U.S.C. 205

    Par. 2. In Sec. 4.21, revise the cross reference at the end of the 
section to read as follows:


Sec. 4.21  The standards of identity.

* * * * *
    Cross Reference: For regulations relating to the use of spirits in 
wine, see part 24 of this chapter.

    Par. 3. Section 4.25a(e)(2) is revised to read as follows:


Sec. 4.25a  Appellations of origin.

* * * * *
    (e) * * *
    (2) Establishment of American viticultural areas. Petitions for 
establishment of American viticultural areas may be made to the 
Director by any interested party, pursuant to the provisions of 
Sec. 70.701(c) of this title. The petition may be in the form of a 
letter, and should contain the following information referred to in 
Sec. 9.3(b) of this title.
* * * * *

PART 9--AMERICAN VITICULTURAL AREAS

    Par. 4. The authority citation for part 9 continues to read as 
follows:

    Authority: 27 U.S.C. 205.


    Par. 5. In Sec. 9.3, revise the section heading and paragraphs (a) 
and (b)(3) to read as follows:


Sec. 9.3  Relation to parts 4 and 70 of this chapter.

    (a) Procedure. In accordance with Secs. 4.25a(e)(2) and 70.701(c) 
of this chapter, the Director shall receive petitions to establish 
American viticultural areas and shall use the informal rulemaking 
process, under 5 U.S.C. 553, in establishing viticultural areas in this 
part.
    (b) * * *
    (3) Evidence relating to the geographical features (climate, soil, 
elevation, physical features, etc.) which distinguish the viticultural 
features of the proposed area from surrounding areas;
* * * * *

PART 24--WINE

    Par. 6. The authority citation for part 24 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042, 
5044, 5061, 5062, 5081, 5111-5113, 5121, 5122, 5142, 5143, 5173, 
5206, 5214, 5215, 5351, 5353, 5354, 5356, 5357, 5361, 5362, 5364-
5373, 5381-5388, 5391, 5392, 5511, 5551, 5552, 5661, 5662, 5684, 
6065, 6091, 6109, 6301, 6302, 6311, 6651, 6676, 7011, 7302, 7342, 
7502, 7503, 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304, 9306.

    Par. 7. In Sec. 24.265, remove the word ``bail'' and add the wrod 
``bailee'' in place thereof.

PART 70--PROCEDURE AND ADMINISTRATION

    Par. 8. The authority citation for part 70 continues to read as 
follows:

    Authority: 5 U.S.C. 301 and 552; 26 U.S.C. 4181, 4182, 5146, 
5203, 5207, 5275, 5367, 5415, 5504, 5555, 5684(a), 5741, 5761(b), 
5802, 6020, 6021, 6064, 6102, 6155, 6159, 6201, 6203, 6204, 6301, 
6303, 6311, 6313, 6314, 6321, 6323, 6325, 6326, 6331-6343, 6401-
6404, 6407, 6416, 6423, 6501-6503, 6511, 6513, 6514, 6532, 6601, 
6602, 6611, 6621, 6622, 6651, 6653, 6656-6658, 6665, 6671, 6672, 
6701, 6723, 6801, 6862, 6863, 6901, 7011, 7101, 7102, 7121, 7122, 
7207, 7209, 7214, 7304, 7401, 7403, 7406, 7423, 7424, 7425, 7426, 
7429, 7430, 7432, 7502, 7503, 7505, 7506, 7513, 7601-7606, 7608-
7610, 7622, 7623, 7653, 7805.

    Par. 9. In Sec. 70.411, revise paragraph (c)(2) to read as follows:


Sec. 70.411  Imposition of taxes, qualification requirements, and 
regulations.

* * * * *
    (c) * * *
    (2) Miscellaneous liquor transactions. Part 170 of 27 CFR contains 
miscellaneous regulations relative to the manufacture, removal, and use 
of stills and condensers, and to the notice, registration, and 
recordkeeping requirements therefor.
* * * * *

    Par. 10. Remove the reference ``Sec. 71.26(h)'' each place it 
appears and add, in its place, the reference ``Sec. 70.802(g)'' in the 
following places;
    (a) Sec. 70.701(a)(3)(iv); and
    (b) Sec. 70.701(b).

PART 275--IMPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND 
TUBES

    Par. 10a. The authority citation for part 275 continues to read as 
follows:

    Authority: 18 U.S.C. 2342; 26 U.S.C. 5701, 5703, 5704, 5705, 
5708, 5712, 5713, 5721, 5722, 5723, 5741, 5754, 5761, 5762, 5763, 
6301, 6302, 6313, 6404, 7101, 7212, 7342, 7606, 7652, 7805; 31 
U.S.C. 9301, 9303, 9304, 9306.

    Par. 11. In Sec. 275.105, revise the first sentence to read as 
follows:


Sec. 275.105  Prepayment of tax.

    To prepay, in Puerto Rico, the internal revenue tax imposed by 26 
U.S.C.

[[Page 69254]]

7652(a), on tobacco products and cigarette paper and tubes of Puerto 
Rican manufacture which are to be shipped to the United States, the 
shipper shall file, or cause to be filed, with the Chief, Puerto Rico 
Operations, a tax return, ATF Form 5000.25, in duplicate, with full 
remittance of tax which will become due on such tobacco products and 
cigarette papers and tubes.* * *

    Signed: October 16, 2000.
Bradley A. Buckles,
Director.
    Approved: October 25, 2000.
John P. Simpson,
Deputy Assistant Secretary, (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 00-29409 Filed 11-15-00; 8:45 am]
BILLING CODE 4810-13-M