67326 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations

seeking to influence the Department’s

programs.

EFFECTIVE DATE: December 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Aaron Santa Anna, Assistant General

Counsel, Ethics Law Division; Office of

General Counsel; Room 2158; U.S.

Department of Housing and Urban

Development; 451 Seventh Street, SW;

Washington, DC 20410–0500; telephone

(202) 708–0836. Hearing or speechimpaired individuals may call HUD’s

TDD number (202) 708–0113, or 1–800–

877–8399 (Federal Information Relay

Service TDD). (Other than the ‘‘800’’

number, these are not toll-free

numbers.)

SUPPLEMENTARY INFORMATION: Section

112 of the Department of Housing and

Urban Development Reform Act of 1989,

Pub. L. 101–235, approved December

15, 1989, added a new section 13 to the

Department of Housing and Urban

Development Act, 42 U.S.C. 3531, et

seq. Section 13 contained two principal

features. The first established the

standards under which:

—Persons that make expenditures to

influence a HUD officer or employee

in the award of financial assistance or

the taking of a management action by

the Department must keep records,

and report to HUD, on the

expenditures; and

—Persons that are engaged to influence

a HUD officer or employee in the

award of financial assistance or the

taking of a management action by the

Department must register with HUD,

and report to HUD on their lobbying

activities.

The second feature imposed

limitations on the fees that may be paid

to consultants who are engaged to

influence the award or allocation of the

Department’s financial assistance.

Section 13 is codified at 24 CFR part 86.

The Lobbying Disclosure Act of 1995

(Pub. L. 104–65, approved December 19,

1995) established government-wide

lobbying procedures and requirements.

Sections 11(b)(1) and 24(a) of the new

law repealed Section 13, effective

January 1, 1996.

The purpose of this document is to

advise the public that beginning on

January 1, 1996, the requirements of

part 86 do not apply. The public should

take special notice that the expenditure

and registrant reports—due no later than

January 10, 1996 under 24 CFR 86.20(c)

and 86.25(c)—need not be submitted.

Since the Lobbying Disclosure Act of

1995 contains new requirements

governing lobbying agencies, including

HUD, the public is advised to become

familiar with the provisions of the new

law.

The Department plans to issue a final

rule removing part 86 in the near future.

Other Matters

A. Environmental Impact

This document is categorically

excluded from the NEPA requirements

of HUD regulations at 24 CFR 50.20(k),

which implement section 102(2)(C) of

the National Environmental Policy Act

of 1969. The notice involves internal

administrative procedures whose

content does not constitute a

developmental decision nor affect the

physical condition of project areas or

building sites.

B. Executive Order 12606, the Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this document is

procedural only, and does not have

potential for significant impact on

family-formation, maintenance, and

general well-being, and, thus is not

subject to review under the Order.

C. Executive Order 12612, Federalism

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that this document is

procedural only, and does not have

substantial, direct effects on States, on

their political subdivisions, or on their

relationship with the Federal

government, or on the distribution of

power and responsibilities among the

various levels of government.

List of Subjects in 24 CFR Part 86

Administrative practice and

procedure, Lobbying (Government

agencies), Reporting and recordkeeping

requirements.

Dated: December 26, 1995.

Nelson A. Dı ́az,

General Counsel.

[FR Doc. 95–31542 Filed 12–28–95; 8:45 am]

BILLING CODE 4210–01–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco, and

Firearms

27 CFR Part 5

[T.D. ATF–369; Re: T.D. ATF–360, Notice

Nos. 782, 780; 91F009P]

RIN 1512–AB22

Alteration of Class and Type: Vodka

AGENCY: Bureau of Alcohol, Tobacco,

and Firearms (ATF), Department of the

Treasury.

ACTION: Final rule, Treasury decision.

SUMMARY: This final rule amends the

distilled spirits regulations to remove

the requirement that on and after

December 29, 1995, citric acid may be

added to vodka in an amount not to

exceed 300 milligrams per liter (300

ppm) without changing the product’s

designation as vodka. This amendment

is being made in accordance with a

Federal statutory requirement which, in

pertinent part, prohibits the

implementation of T.D. ATF–360 [59 FR

67216, Dec. 29, 1994].

EFFECTIVE DATE: This document is

effective on December 29, 1995.

FOR FURTHER INFORMATION CONTACT:

David W. Brokaw, Wine, Beer and

Spirits Regulations Branch, (202) 927–

8230.

SUPPLEMENTARY INFORMATION:

Background

Treasury decision ATF–360, amended

the distilled spirits regulations, 27 CFR

5.23(a)(3) to authorize the use of a trace

amount (defined as up to 300 milligrams

per liter or 300 ppm) of critic acid in the

production of vodka, without changing

its designation as vodka. This level was

intended to ensure that distiller may

continue to use citric acid as a

smoothing agent to correct objectionable

tastes which might result from such

things as the water used in reducing the

proof, the charcoal used in distillation,

or the glass in which packaged. This

level was also intended to protect the

integrity of the standard of identify for

vodka, a product, which by definition,

may not have any distinctive character,

aroma, taste, or color. The requirements

in T.D. ATF–360 were to be effective on

or after December 29, 1995.

Public Law 104–52, 109 Stat. 468, Nov.

19, 1995

Section 528 of Public Law 104–52

states that, ‘‘(n)o part of any

appropriation made available in this Act

shall be used to implement Bureau of

Alcohol, Tobacco and Firearms Ruling

T.D. ATF–360; Re: Notice Nos. 782, 780,

91F009P.’’ The Conference Report

accompanying Public Law 104–52, H.R.

Rep. 104–291, Oct. 20, 1995, provides as

follows: ‘‘Although conferees agree with

the Senate proposal that no part of any

appropriation made available in this Act

shall be used to implement the ATF and

Treasury decision ATF–360 (59 FR

67216, 12/29/94), which limited the

amount of citric acid that could be

added to vodka to 300 parts per million

(PPM), the conferees recognize the

complex nature of the various issues

surrounding any standard of identify
Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations 67327

determination with respect to the

labeling of vodka. Therefore, the ATF is

directed to conduct a study, in

consultation with industry members, to

determine whether a more reasonable

industry standard can be established

that better balances the interests of the

consumer, the industry, and the

government.’’

Accordingly, as a result of Public Law

104–52, ATF is amending 27 CFR

§ 5.23(a)(3) to remove the 300 ppm citric

acid limitation requirement set by T.D.

ATF–360 pending further study. During

the pendency of such study, ATF will

continue to allow the use of up to 1,000

ppm of citric acid in distilling vodka

without changing its designation as

‘‘vodka,’’ subject to the applicable

formula requirements.

Notice and Public Procedure

Because this final rule implements a

specific Federal statutory requirement

prescribed by section 528 of Public Law

104–52, and in view of the immediate

need for guidance to the industry with

respect to compliance with applicable

regulations, it is found to be impractical

and contrary to the public interest to

issue this rule with notice and public

procedure under 5 U.S.C. 553(b) or

subject to the effective date limitation of

5 U.S.C. 553(d).

Regulatory Flexibility Act

The provisions of the Regulatory

Flexibility Act relating to a final

regulatory flexibility analysis (5 U.S.C.

604) are not applicable to this final rule

because the agency was not required to

publish a general notice of proposed

rulemaking under 5 U.S.C. 553 or any

other law.

Executive Order 12866

It has been determined that this

regulation is not a significant regulatory

action as defined in E.O. 12866 because

(1) it will not have an annual effect on

the economy of $100 million or more or

adversely affect in a material way the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

communities; (2) create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; (3) materially alter the

budgetary impact of entitlement, grants,

user fees, or loan programs, or the rights

and obligations of recipients thereof; or

(4) raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in Executive Order 12866.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1980, Public Law 96–

511, 44 U.S.C. Chapter 35, and its

implementing regulations, 5 CFR Part

1320, do not apply to this final rule

because no requirement to collect

information is imposed.

Disclosure

Copies of the notices, the Treasury

decision, and all comments are available

for public inspection during normal

business hours at: ATF Reading Room,

Room 6300, 650 Massachusetts Avenue

NW., Washington, DC.

Drafting Information: The principal author

of this document is David W. Brokaw, Wine,

Beer, and Spirits Regulations Branch, Bureau

of Alcohol, Tobacco, and Firearms.

List of Subjects in 27 CFR Part 5

Advertising, Consumer protection,

Customs duties and inspection, Imports,

Labeling, Liquors, Packaging and

Containers.

Authority and Issuance

27 CFR Part 5—Labeling and

Advertising of Distilled Spirits, is

amended as follows:

PART 5—LABELING AND

ADVERTISING OF DISTILLED SPIRITS

Paragraph 1. 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.

Par. 2 Section 5.23(a)(3)(iii) is revised

to read as follows:

§ 5.23 Alterations of class and type

(a) Additions. * * *

* * * * *

(3) * * * (iii) any material

whatsoever in the case of neutral spirits

or straight whiskey, except that vodka

may be treated with sugar in an amount

not to exceed 2 grams per liter and a

trace amount of citric acid.

* * * * *

Par. 3 Section 5.23(c)(2) is removed.

Signed: December 11, 1995.

Daniel R. Black,

Acting Director.

Approved: December 13, 1995.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary

(Regulatory, Tariff, & Trade Enforcement)

[FR Doc. 95–31505 Filed 12–28–95; 8:45 am]

BILLING CODE 4810–31–M

PENSION BENEFIT GUARANTY

CORPORATION

29 CFR Part 2607

RIN 1212–63

Disclosure and Amendment of

Records Under the Privacy Act

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Final rule.

SUMMARY: The Pension Benefit Guaranty

Corporation is amending its regulations

implementing the Privacy Act of 1974,

as amended. This rule amends part 2607

to describe more accurately the

exemption applicable to certain records

maintained by the PBGC in view of

changes to PBGC’s Privacy Act systems

of records and to increase the PBGC’s

standard copying fee.

EFFECTIVE DATE: January 29, 1996.

FOR FURTHER INFORMATION CONTACT: D.

Bruce Campbell, Attorney, Office of the

General Counsel, Pension Benefit

Guaranty Corporation, 1200 K Street,

NW., Washington, DC 20005–4026, 202–

326–4123 (202–326–4179 for TTY and

TDD). (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: On

November 15, 1995, the PBGC

published in the Federal Register (60

FR 57372) a proposed rule amending

part 2607 of it regulations implementing

the Privacy Act of 1974, as amended

(‘‘Privacy Act’’) (5 U.S.C. 552a). The

PBGC received no comments during the

comment period and this final rule

amends the regulations as proposed.

The final rule increases the fee the

PBGC charges for record copies

furnished to individuals, from $0.10 to

$0.15 per page, the same fee as the

PBGC charges for copies furnished to

individuals under the Freedom of

Information Act. The amendment

increases from $1.00 to $1.50 the

threshold amount under which the

agency does not assess a fee.

Because the PBGC is dividing an

existing Privacy Act system of records

into two systems of records, PBGC–5

(retitled Personnel Files—PBGC) and

PBGC–12 (Personnel Security

Investigation Records—PBGC), the final

rule moves the exemption from certain

provisions of the Privacy Act to PBGC–

12.

E.O. 12866 and the Regulatory

Flexibility Act

The PBGC has determined that this

action is not a ‘‘significant regulatory

action’’ under the criteria set forth in

Executive Order 12866.

Based on fees assessed in the past, the

PBGC estimates that the copying fee