416 Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Proposed Rules

such relabeling is done under Customs

supervision and in compliance with

Customs requirements, and the effect of

such relabeling is not to remove from

the label or container any product

identification code placed on the label

or container by the producer for tracing

purposes. As provided in § 5.51, bottled

distilled spirits shall not be released

from Customs custody for consumption

without a certificate of label approval.

PART 7—LABELING AND

ADVERTISING OF MALT BEVERAGES

Par. 7. The authority citation for 27

CFR Part 7 continues to read as follows:

Authority: 27 U.S.C. 205.

Par. 8. Section 7.20 is amended by

revising paragraph (c), and adding new

paragraph (d) and (e) to read as follows:

§ 7.20 General.

* * * * *

(c) Alteration of labels. (1) It shall be

unlawful for any person to alter,

mutilate, destroy, obliterate, or remove

any mark, brand, or label upon malt

beverages held for sale in interstate or

foreign commerce or after shipment

therein, including malt beverages held

in Customs bonded warehouses or

foreign trade zones, except as

authorized by Federal law, or as

provided in this section.

(2) Approval procedure. (i) The

regional director (compliance) may,

upon written application, permit

additional labeling or relabeling of malt

beverages in containers for purposes of

compliance with the requirements of

this subpart or of State law. Permission

to relabel shall not be given if the effect

of the relabeling is to remove from the

container or label a product

identification code placed on the

container or label by the producer for

tracing purposes. For purposes of this

section, the term ‘‘product identification

code’’ includes any numbers, letters,

symbols, dates, or other codes placed on

the label or container by which the

producer may be able to trace a product

back to a particular production lot or

batch, bottling line, or date of removal.

(ii) Application for permission to

relabel shall be accompanied by two

complete sets of the old labels and two

complete sets of any proposed new

labels, together with a statement of the

reasons for relabeling, the quantity and

the location of the malt beverages, and

the name and address of the person by

whom they will be relabeled. In

addition, the person desiring to relabel

the malt beverages must provide

evidence that the proposed new labels

are covered by a certificate of label

approval, ATF F 5100.31.

(3) Labels identifying wholesale or

retail distributor. There may be added to

the bottle, after removal from customs

custody, or prior to or after removal

from bonded premises, without

application for permission to relabel, a

label identifying the wholesale or retail

distributor thereof or identifying the

purchaser or consumer, and containing

no references whatever to the

characteristics of the product.

(d) Customs bonded warehouses.

Imported malt beverages held in a

Customs bonded warehouse may be

relabeled without permission from ATF,

as long as such relabeling is done under

the supervision of Customs officers, in

compliance with all applicable Customs

requirements, and the effect of the

relabeling is not to remove from the

container or label any product

identification code placed on the

container or label by the producer for

tracing purposes. As provided in § 7.31,

no imported malt beverages in

containers shall be released from

Customs custody for consumption

without a certificate of label approval.

(e) Foreign trade zones. (1) Domestic

malt beverages which have been

withdrawn without payment of tax for

deposit in a foreign trade zone pending

exportation may be relabeled without

permission from ATF as long as such

relabeling is done under the supervision

of Customs officers, in compliance with

all applicable Customs requirements,

and the effect of the relabeling is not to

remove from the container or label any

markings required by Part 25 of this

chapter or any product identification

code placed on the container or label by

the producer for tracing purposes.

(2) Imported malt beverages which

have been entered into a foreign trade

zone may be relabeled without receiving

prior permission from ATF, as long as

such relabeling is done under Customs

supervision and in compliance with

Customs requirements, and the effect of

such relabeling is not to remove from

the label or container any product

identification code placed on the label

or container by the producer for tracing

purposes. As provided in § 7.31, no

imported malt beverages in containers

shall be released from Customs custody

for consumption without a certificate of

label approval.

Par. 9. Section 7.60 is revised to read

as follows:

§ 7.60 Exports.

With the exception of the regulations

at § 7.20(c), (d) and (e), the regulations

in this part shall not apply to malt

beverages exported in bond.

Dated: September 9, 1994.

John W. Magaw,

Director.

Approved: September 28, 1994.

John P. Simpson,

Deputy Assistant Secretary, (Enforcement).

[FR Doc. 95–138 Filed 1–3–95; 8:45 am]

BILLING CODE 4810–31–M

Fiscal Service

31 CFR Part 209

RIN 1510–AA30

Payment to Financial Institutions for

Credit to Accounts of Employees and

Beneficiaries

AGENCY: Financial Management Service,

Fiscal Service, Treasury.

ACTION: Proposed rule.

SUMMARY: This document proposes to

remove part 209 from title 31. This part

governs the regular remittance to

financial institutions of Federal

payments which are for credit to the

accounts of employees and

beneficiaries. Regulations implemented

July 1, 1994, require that financial

institutions receive Government ACH

transactions through electronic means.

This regulatory change to 31 CFR part

210 made a separate part 209 regarding

checks unnecessary. In addition,

proposed revisions to 31 CFR part 210,

Federal Government Participation in the

Automated Clearing House, make

substantive changes that supersede the

savings allotment provisions of part 209,

because savings allotment and recurring

benefit payments formerly under the

terms of part 209 are made by the ACH

method under the terms of part 210.

DATES: Comments must be received on

or before February 3, 1995.

ADDRESSES: Comments may be mailed to

the Cash Management Policy and

Planning Division, Financial

Management Service, U.S. Department

of the Treasury, Room 420, Liberty

Center, 401 14th Street, SW.,

Washington, DC 20227.

FOR FURTHER INFORMATION CONTACT: John

Galligan (202) 874–6657 (Director, Cash

Management Policy and Planning

Division).

SUPPLEMENTARY INFORMATION:

Background

This amendment removes part 209

from title 31 of the Code of Federal

Regulations. This action renders moot

the two recently proposed amendments

to part 209. On December 4, 1992, the

Financial Management Service
Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Proposed Rules 417

published a Notice of Proposed

Rulemaking revising 31 CFR part 209

(57 FR 57400). That notice invited

comments for a 30 day period ending

January 4, 1993. No comments were

received. A review of part 209

conducted independently of the formal

notice and comment procedure

determined that an additional revision

to the language of part 209, not included

in the December 4, 1992, notice, was

necessary. Thus a Supplemental

Proposed Rule was published on August

4, 1993 (58 FR 41449). That notice

invited comments for a 30 day period

ending September 3, 1993. No

comments were received.

Since then, other actions have

occurred which make 31 CFR part 209

obsolete. First, regulations implemented

July 1, 1994, require that financial

institutions receive Government ACH

transactions through electronic means.

(58 FR 21634). This regulatory change to

31 CFR part 210 made a separate part

209 regarding checks unnecessary.

Second, revisions have been proposed

for 31 CFR part 210, which define the

responsibilities and liabilities of the

Federal Government, Federal Reserve

Banks, financial institutions, receivers,

and originators doing business with the

Government through the ACH system

(59 FR 50112). The 3 revisions proposed

for part 210 supersede the savings

allotment provisions of part 209 because

savings allotment and recurring benefit

payments formerly made under the

terms of part 209 are made by the ACH

method under the terms of part 210.

Rulemaking Analysis

Treasury has determined that this

regulation is not a significant regulatory

action as defined in Executive Order

12866. Accordingly, a regulatory

assessment is not required. It is hereby

certified that this revision will not have

a significant economic impact on a

substantial number of small entities.

Accordingly, a regulatory flexibility

analysis is not required. The included

changes are expected to result in

improvements to the ACH process with

advantages to institutions and

recipients.

List of Subjects in 31 CFR Part 209

Automated Clearing House, Banks,

Banking, Electronic funds transfer,

Federal Reserve Banks, Financial

institution, Government employees,

Wages.

Accordingly, Part 209 of Title 31 of

the Code of Federal Regulations is

proposed to be removed.

Dated: October 5, 1994.

Russell D. Morris,

Commissioner.

[FR Doc. 95–53 Filed 1–3–95; 8:45 am]

BILLING CODE 4810–35–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 169a

[DoD Instruction 4100.33]

Commercial Activities Program

Procedures

AGENCY: Office of the Secretary of

Defense, DoD.

ACTION: Proposed rule.

SUMMARY: This part proposes to remove

the requirement to place every DoD

employee in a comparable position prior

to converting a function with 10 full

time equivalents or less to contract and

adjust minor administrative corrections.

It also proposes to establish procedures

and criteria for use by DoD Components

to determine whether DoD commercial

activities should be performed by DoD

personnel in-house or by contract with

commercial sources.

DATES: Comments must be received on

or before March 6, 1995.

ADDRESSES: Send comments to the

Office of the Assistant Secretary of

Defense (Economic Security),

Installations, 3300 Defense Pentagon,

Room 3E808, Washington, DC 20301–

3300.

FOR FURTHER INFORMATION CONTACT:

Earl DeHart, Program Manager, 400

Army/Navy Drive, Suite 206, Arlington,

Virginia 22202–2884, telephone (703)

604–5806.

SUPPLEMENTARY INFORMATION: On July 1,

1992, the Department of Defense

published an amendment to 32 CFR part

169a in the Federal Register (57 FR

29207) bringing DoD guidance on

commercial activities up-to-date.

Comments will be available for public

inspection by request. Because of the

anticipated number of comments, the

Department of Defense does not plan to

acknowledge or respond to individual

comments. However, the Department of

Defense will respond to comments in

the Supplementary Information of the

final rule of this document. It has been

certified that this proposed rule is not

a significant regulation action.

The rule does not:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities; planned by another

agency;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or

(3) Materially alter the budgetary

impact of entitlements, 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.

Further, it has been certified that this

rule is not subject to the Regulatory

Flexibility Act (5 U.S.C. 601) because

the Services and Department agencies

administering the rule will show a

reduction in administrative costs and

other burdens resulting from the

simplification and clarification of direct

conversion policies when this proposed

rule is issued as a final rule. Finally, it

has been certified that this proposed

rule does not impose any additional

reporting or record keeping

requirements prohibited under the

Paperwork Reduction Act of 1980.

List of Subjects in 32 CFR Part 169a

Armed forces, Government

procurement.

Accordingly, 32 CFR Part 169a is

proposed to be amended as follows:

PART 169a—COMMERCIAL

ACTIVITIES PROGRAM PROCEDURES

1. The authority citation for Part 169a

continues to read as follows:

Authority: 5 U.S.C. 301 and 552.

2. Section 169a.21 is proposed to be

amended in paragraph (a) by removing

‘‘DD–P&L 1540’’ and adding in its place

‘‘DD–A&T(A) 1540’’, in paragraph (b) by

removing ‘‘DD–P&L 1542’’ and adding

in its place ‘‘DD–A&T(Q) 1542’’, in

paragraph (c)(3) by removing

‘‘ASD(P&L)’’ adding in its place

‘‘ASD(ES)’’, by revising paragraph (c)

introductory text, and by adding a

sentence at the end of paragraph (c)(2)

to read as follows:

§ 169a.21 Reporting requirements.

* * * * *

(c) Congressional Data Reports on CA

(Report Control Symbol DD–

A&T(A&AR) 1949) and Reports on

savings on Costs from Increased Use of

DoD Civilian Personnel (Report Control

Symbol DD–A&T(AR) 1950). To insure

consistent application of the

requirements stated in 10 U.S.C. 2461

and 2463, the following guidance is

provided: