14506 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Proposed Rules 

where CWD has become established in 

wild deer, elk or moose. 

* * * * * 

10. A new § 81.5 is added to read as 

follows: 

§ 81.5 State prohibitions on cervid 

movement not related to CWD. 

State laws and regulations prohibiting 

the entry of farmed or captive cervids 

for reasons unrelated to CWD are not 

preempted by this part. 

Done in Washington, DC, this 25th day of 

March 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–7026 Filed 3–30–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Parts 40, 41, 44, 46, and 71 

[Docket No. TTB–2009–0001; Notice No. 93; 

Re: T.D. TTB–75] 

RIN 1513–AB70 

Increase in Tax Rates on Tobacco 

Products and Cigarette Papers and 

Tubes; Floor Stocks Tax on Certain 

Tobacco Products, Cigarette Papers, 

and Cigarette Tubes; and Changes to 

Basis for Denial, Suspension, or 

Revocation of Permits (2009R–118P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking; 

cross-reference to temporary rule. 

SUMMARY: Elsewhere in this issue of the 

Federal Register, the Alcohol and 

Tobacco Tax and Trade Bureau is 

issuing a temporary rule implementing 

certain provisions of the Children’s 

Health Insurance Program 

Reauthorization Act of 2009 (CHIPRA). 

The text of the regulations in the 

temporary rule published in the Rules 

and Regulations section of this issue of 

the Federal Register serves as the text 

of the proposed regulations. 

DATES: Comments must be received on 

or before June 1, 2009. 

ADDRESSES: You may send comments on 

this notice to one of the following 

addresses: 

• http://www.regulations.gov (via the 

online comment form for this notice as 

posted within Docket No. TTB–2009– 

0001 at ‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal); 

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, P.O. Box 14412, 

Washington, DC 20044–4412; or 

• 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 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

You may view copies of this notice, 

any comments received, and the related 

temporary rule at http:// 

www.regulations.gov. A direct link to 

the appropriate Regulations.gov docket 

is also available under Notice No. 93 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 202–927– 

2400. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning floor stocks tax, 

contact the National Revenue Center, 

Alcohol and Tobacco Tax and Trade 

Bureau (FloorStocksTax@ttb.gov, 513– 

684–3334 or 1–877–TTB–FAQS (1–877– 

882–3277)); for other questions 

concerning this document, contact Amy 

Greenberg, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau (202–927–8210). 

SUPPLEMENTARY INFORMATION: 

Background 

In the Rules and Regulations section 

of this issue of the Federal Register, we 

are publishing a temporary rule setting 

forth regulatory amendments to 

implement certain provisions of the 

Children’s Health Insurance Program 

Reauthorization Act of 2009 (CHIPRA). 

The temporary rule amends the existing 

regulations to reflect increases in the tax 

rates on tobacco products and cigarette 

papers and tubes, revising existing floor 

stocks tax regulations to reflect the 

scope of the CHIPRA floor stocks tax 

provisions, and revising existing 

regulations to include the new statutory 

criteria for denial, suspension, or 

revocation of tobacco permits. 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) is responsible for 

the administration of the Internal 

Revenue Code of 1986 provisions 

relating to qualification of 

manufacturers of tobacco products and 

cigarette papers and tubes, importers of 

those products, and export warehouses 

for those products. TTB is also 

responsible for collecting the excise 

taxes on tobacco products and cigarette 

papers and tubes removed from 

domestic production facilities and 

brought to the United States from Puerto 

Rico. In addition, TTB is responsible for 

collecting the floor stocks tax imposed 

by CHIPRA on tobacco products (except 

large cigars) and cigarette papers and 

tubes held for sale on April 1, 2009. 

The temporary regulations published 

elsewhere in this issue of the Federal 

Register involve amendments to parts 

40, 41, 44, 46, and 71 of the TTB 

regulations (27 CFR parts 40, 41, 44, 46, 

and 71). The text of the temporary 

regulations serves as the text of these 

proposed regulations. The preamble to 

the temporary regulations explains the 

proposed regulations. 

Public Participation 

Comments Invited 

We invite comments from interested 

members of the public on this proposed 

rulemaking. 

Submitting Comments 

You may submit comments on this 

notice by one of the following three 

methods: 

• Federal e-Rulemaking Portal: You 

may electronically submit comments on 

this notice through ‘‘Regulations.gov,’’ 

the Federal e-rulemaking portal. A 

direct link to the Regulations.gov docket 

containing this notice and its related 

comment submission form is available 

on the TTB Web site at http:// 

www.ttb.gov/regulations_laws/ 

all_rulemaking.shtml under Notice No. 

93. You may also reach this notice and 

its related comment form via the 

Regulatons.gov search page at http:// 

www.regulations.gov. Supplemental 

files may be attached to comments 

submitted via Regulations.gov. For 

complete instructions on how to use 

Regulations.gov, visit the site and click 

on ‘‘User Guide’’ under ‘‘How to Use 

this Site.’’ 

• Mail: You may send written 

comments to the Director, Regulations 

and Rulings Division, Alcohol and 

Tobacco Tax and Trade Bureau, P.O. 

Box 14412, Washington, DC 20044– 

4412. 

• Hand Delivery/Courier: You may 

hand-carry your comments or have them 

hand-carried to the Alcohol and 

Tobacco Tax and Trade Bureau, 1310 G 

Street, NW., Suite 200–E, Washington, 

DC 20005. 

Please submit your comments by the 

closing date shown above in this notice. 

Your comments must reference Notice 

No. 93 and include your name and 

mailing address. Your comments also 

must be made in English, be legible, and 

be written in language acceptable for 

public disclosure. We do not 


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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Proposed Rules 14507 

acknowledge receipt of comments, and 

we consider all comments as originals. 

If you are commenting on behalf of an 

association, business, or other entity, 

your comment must include the entity’s 

name as well as your name and position 

title. If you comment via http:// 

www.regulations.gov, please enter the 

entity’s name in the ‘‘Organization’’ 

blank of the comment form. If you 

comment via mail, please submit your 

entity’s comment on letterhead. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine whether to hold a public 

hearing. 

Confidentiality 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 

Public Disclosure 

On the Federal e-rulemaking portal, 

Regulations.gov, we will post, and you 

may view, copies of this notice, any 

electronic or mailed comments we 

receive about this proposal, and the 

related temporary rule. A direct link to 

the Regulations.gov docket containing 

this notice and the comments received 

on this proposal is available on the TTB 

Web site at http://www.ttb.gov/ 

regulations_laws/all_rulemaking.shtml 

under Notice No. 93. You may also 

reach the relevant docket through the 

Regulatons.gov search page at http:// 

www.regulations.gov. 

All posted comments will display the 

commenter’s name, organization (if 

any), city, and State, and, in the case of 

mailed comments, all address 

information, including e-mail addresses. 

We may omit voluminous attachments 

or material that we consider unsuitable 

for posting. 

You also may view copies of this 

notice, any electronic or mailed 

comments we receive about this 

proposal, and the related temporary rule 

by appointment at the TTB Information 

Resource Center, 1310 G Street, NW., 

Washington, DC 20220. You may also 

obtain copies at 20 cents per 8.5- × 11- 

inch page. Contact our information 

specialist at the above address or by 

telephone at 202–927–2400 to schedule 

an appointment or to request copies of 

comments or other materials. 

Regulatory Flexibility Act, Paper Work 

Reduction Act, and Executive Order 

12866 

Since the regulatory text proposed in 

this notice of proposed rulemaking is 

identical to that contained in the 

companion temporary rule published 

elsewhere in this issue of the Federal 

Register, the analyses contained in the 

preamble of the temporary rule 

concerning the Regulatory Flexibility 

Act, the Paperwork Reduction Act, and 

Executive Order 12866 also apply to this 

proposed rule. 

Drafting Information 

Marjorie Ruhf of the Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, drafted this 

document. However, other personnel 

participated in its development. 

List of Subjects 

27 CFR Part 40 

Cigars and cigarettes, Claims, 

Electronic funds transfers, Excise taxes, 

Imports, Labeling, Packaging and 

containers, Reporting and recordkeeping 

requirements, Surety bonds, Tobacco. 

27 CFR Part 41 

Cigars and cigarettes, Claims, Customs 

duties and inspection, Electronic funds 

transfers, Excise taxes, Imports, 

Labeling, Packaging and containers, 

Puerto Rico, Reporting and 

recordkeeping requirements, Surety 

bonds, Tobacco, Virgin Islands, 

Warehouses. 

27 CFR Part 44 

Aircraft, Armed forces, Cigars and 

cigarettes, Claims, Customs duties and 

inspection, Excise taxes, Exports, 

Foreign trade zones, Labeling, Packaging 

and containers, Reporting and 

recordkeeping requirements, Surety 

bonds, Tobacco, Vessels, Warehouses. 

27 CFR Part 46 

Administrative practice and 

procedure, Cigars and cigarettes, Claims, 

Excise taxes, Packaging and containers, 

Penalties, Reporting and recordkeeping 

requirements, Seizures and forfeitures, 

Surety bonds, Tobacco. 

27 CFR Part 71 

Administrative practice and 

procedure, Alcohol and alcoholic 

beverages, Tobacco. 

Proposed Amendments to the 

Regulations 

For the reasons discussed in the 

preamble, TTB proposes to amend 27 

CFR parts 40, 41, 44, 46, and 71 as 

follows: 

PART 40—MANUFACTURE OF 

TOBACCO PRODUCTS AND 

CIGARETTE PAPERS AND TUBES 

1. The authority citation for part 40 

continues to read as follows: 

Authority: 26 U.S.C. 5142, 5143, 5146, 

5701, 5703–5705, 5711–5713, 5721–5723, 

5731, 5741, 5751, 5753, 5761–5763, 6061, 

6065, 6109, 6151, 6301, 6302, 6311, 6313, 

6402, 6404, 6423, 6676, 6806, 7011, 7212, 

7325, 7342, 7502, 7503, 7606, 7805; 31 U.S.C. 

9301, 9303, 9304, 9306. 

2. [The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 40 are the same 

as the amendatory instructions and the 

amended regulatory text set forth in the 

temporary rule on this subject published 

in the Rules and Regulations section of 

this issue of the Federal Register.] 

PART 41—IMPORTATION OF 

TOBACCO PRODUCTS AND 

CIGARETTE PAPERS AND TUBES 

3. The authority citation for part 41 

continues to read as follows: 

Authority: 18 U.S.C. 2342; 26 U.S.C. 5701, 

5703, 5704, 5705, 5708, 5712, 5713, 5721– 

5723, 5741, 5754, 5761–5763, 6301, 6302, 

6313, 6404, 7101, 7212, 7342, 7606, 7651, 

7652, 7805; 31 U.S.C. 9301, 9303, 9304, 9306. 

4. [The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 41 are the same 

as the amendatory instructions and the 

amended regulatory text set forth in the 

temporary rule on this subject published 

in the Rules and Regulations section of 

this issue of the Federal Register.] 

PART 44—EXPORTATION OF 

TOBACCO PRODUCTS AND 

CIGARETTE PAPERS AND TUBES, 

WITHOUT PAYMENT OF TAX, OR WITH 

DRAWBACK OF TAX 

5. The authority citation for part 44 

continues to read as follows: 

Authority: 26 U.S.C. 5142, 5143, 5146, 

5701, 5703, 5704, 5708, 5711–13, 5721–5723, 

5731, 5741, 5751, 5754, 6066, 6065, 6151, 

6402, 6404, 6806, 7011, 7212, 7342, 7606, 

7805; 31 U.S.C. 9301, 9303, 9304, 9306. 

6. [The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 44 are the same 

as the amendatory instructions and the 

amended regulatory text set forth in the 

temporary rule on this subject published 

in the Rules and Regulations section of 

this issue of the Federal Register.] 


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14508 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Proposed Rules 

PART 46—MISCELLANEOUS 

REGULATIONS RELATING TO 

TOBACCO PRODUCTS AND 

CIGARETTE PAPERS AND TUBES 

7. The authority citation for Part 46 

continues to read as follows: 

Authority: 18 U.S.C. 2341–2346, 26 U.S.C. 

5704, 5708, 5751, 5754, 5761–5763, 6001, 

6601, 6621, 6622, 7212, 7342, 7602, 7606, 

7805; 44 U.S.C. 3504(h), 49 U.S.C. 782, 

unless otherwise noted. 

8. [The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 46 are the same 

as the amendatory instructions and the 

amended regulatory text set forth in the 

temporary rule on this subject published 

in the Rules and Regulations section of 

this issue of the Federal Register.] 

PART 71—RULES OF PRACTICE IN 

PERMIT PROCEEDINGS 

9. The authority citation for part 71 is 

revised to read as follows: 

Authority: 26 U.S.C. 5271, 5181, 5712, 

5713, 7805, 27 U.S.C. 204. 

10. [The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 71 are the same 

as the amendatory instructions and the 

amended regulatory text set forth in the 

temporary rule on this subject published 

in the Rules and Regulations section of 

this issue of the Federal Register.] 

Signed: March 10, 2009. 

John J. Manfreda, 

Administrator. 

Approved: March 12, 2009. 

Timothy E. Skud, 

Deputy Assistant Secretary. (Tax, Trade, and 

Tariff Policy). 

[FR Doc. E9–7076 Filed 3–27–09; 11:15 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0159] 

RIN 1625–AA00 

Safety Zone; Barge BDL235, Pago 

Pago Harbor, American Samoa 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

temporary 100-foot (30.5 meter) radius 

safety zone around the 142 foot Barge 

BDL235 while it is performing 

operations in and around the 

CHEHALIS wreck. The wreck’s 

approximate position is 14°16.52′ S, 

170°40.56′ W and centered about 350 

feet north of the fuel dock in Pago Pago 

Harbor, American Samoa. The safety 

zone is necessary to protect other 

vessels and the general public from 

hazards associated with dive operations. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before April 15, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0159 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Lieutenant Commander 

Marcella Granquist, Waterways 

Management Division, U.S. Coast Guard 

Sector Honolulu, telephone 808–842– 

2600. If you have questions on viewing 

or submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0159), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, USCG–2009– 

0159 in the Docket ID box, press Enter, 

and then click on the balloon shape in 

the Actions column. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and we may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, USCG–2009– 

0159 in the Docket ID box, press Enter, 

and then click on the item in the Docket 

ID column. You may also visit either the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays; or at Sector 

Honolulu, 433 Ala Moana Blvd, 

Honolulu, Hawaii, 96813 between 7:30 

a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. We 

have an agreement with the Department 

of Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 


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