Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 30021

Executive Order 12866. Accordingly,

this proposal is not subject to the

analysis required by this Executive

Order.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1980, Pub. L. 96–511,

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

implementing regulations, 5 CFR Part

1320, do not apply to this notice

because no new information collection

requirements are being proposed.

The existing collections of

information contained in this notice of

proposed rulemaking have been

previously reviewed and approved by

the Office of Management and Budget in

accordance with the requirements of the

Paperwork Reduction Act of 1980 (44

U.S.C. 3504(h) under control numbers

1512–0334 and 1512–0335.

Drafting Information: The principal drafter

of this document is Mary A. Wood of the

Wine, Beer, and Spirits Regulations Branch,

Bureau of Alcohol, Tobacco, and Firearms.

List of Subjects in 27 CFR Part 22

Administrative practice and

procedure, Advertising, Alcohol and

alcohol beverages, Authority delegations

(Government agencies), Claims, Excise

taxes, Reporting and recordkeeping

requirements, Surety bonds.

Authority and Issuance

ATF is proposing to amend Part 22 in

Title 27 of the Code of Federal

Regulations as follows:

PART 22—DISTRIBUTION AND USE OF

TAX-FREE ALCOHOL

Par. 1. The authority citation for Part

22 continues to read as follows:

Authority: 26 U.S.C. 5001, 5121, 5142,

5143, 5146, 5206, 5214, 5271–5276, 5311,

5552, 5555, 6056, 6061, 6065, 6109, 6151,

6806, 7011, 7805; 31 U.S.C. 9304, 9306.

§ 22.21 [Amended]

Par. 2. Section 22.21(a) is amended by

removing the word ‘‘bonds,’’ from the

first sentence.

§ 22.25 [Removed]

Par. 3. Section 22.25 is removed.

§ 22.26 [Redesignated]

Par. 4. Section 22.26 is redesignated

as § 22.25.

§ 22.27 [Redesignated]

Par. 5. Section 22.27 is redesignated

as § 22.26.

§ 22.43 [Amended]

Par. 6. In § 22.43, paragraphs (a)(2)

and (b) are revised as follows:

§ 22.43 Exceptions to application

requirements.

(a) * * *

(2) Applications, Form 5150.22, filed

by applicants where the regional

director (compliance) has determined

that the waiver of such requirements

does not pose any jeopardy to the

revenue or a hindrance of the effective

administration of this part.

(b) The waiver provided for in this

section will terminate for a permittee,

other than States or political

subdivisions thereof or the District of

Columbia, when the permittee files an

application to amend the permit and the

regional director (compliance)

determines that the conditions justifying

the waiver no longer exist. In this case,

the permittee will furnish the

information in respect to the previously

waived items, as provided in

§ 22.57(a)(2).

§ 22.59 [Amended]

Par. 7. In § 22.59, the second sentence

of the section is removed.

§ 22.60 [Amended]

Par. 8. Section 22.60 is amended as

follows:

1. Paragraph (b) is removed.

2. Paragraph (c) is redesignated as

paragraph (b).

3. Paragraph (d) is redesignated as

paragraph (c).

§ 22.62 [Amended]

Par. 9. Section 22.62 is amended by

the removal of the last sentence in the

section.

§ 22.63 [Amended]

Par. 10. Section 22.63 is amended as

follows:

1. Paragraph (b) is removed.

2. The paragraph letter and title ‘‘(a)

Permit.’’ designation is removed.

§ 22.68 [Amended]

Par. 11. Section 22.68 is amended as

follows:

1. Paragraph (b) is removed.

2. The paragraph letter and title ‘‘(a)

Notice.’’ designation is removed.

Subpart E [Removed and Reserved]

Par. 12. Subpart E (Bonds and

Consent of Surety) is removed and

reserved.

§ 22.152 [Amended]

Par. 13. Section 22.152 is amended as

follows:

1. Paragraph (b) is removed.

2. Paragraph (c) is redesignated as

paragraph (b).

Signed: May 8, 1996.

Bradley A. Buckles,

Acting Director.

Approved: May 24, 1996.

John P. Simpson.

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 96–14850 Filed 6–12–96; 8:45 am]

BILLING CODE 4810–13–U

27 CFR Part 250

[Notice No. 825]

RIN: 1512–AB50

Liquors and Articles From Puerto Rico

and the Virgin Islands (1512–AB50)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: ATF is considering the

revision and recodification of the

regulations regarding liquors and

articles (hereinafter ‘‘alcoholic

products’’) which are brought into the

United States from Puerto Rico or the

Virgin Islands. The purpose of the

proposed revision/recodification is to

update and simplify the regulations in

27 CFR Part 250 and to reissue those

regulations as part of the same chapter.

ATF is issuing this advance notice to

solicit comments on its proposal to

eliminate application and transaction

forms required to be submitted by

persons who bring alcoholic products

into the United States from Puerto Rico.

Comments are also being solicited on

proposals to coordinate with the U.S.

Customs Service to reduce duplicate

efforts involving shipments of

merchandise from Puerto Rico to the

United States. ATF would also like to

receive comments regarding other

suggestions for reducing or eliminating

unnecessary regulatory burdens on

proprietors in both Puerto Rico and the

United States while continuing to

provide adequate protection to the

revenue.

DATES: Written comments must be

received on or before September 11,

1996.

ADDRESSES: Comments must be

submitted to the Chief, Wine, Beer, and

Spirits Branch, P.O. Box 50221,

Washington, DC 20091–0221. ATTN

Notice No. 825.

FOR FURTHER INFORMATION CONTACT:

Tami Light, Wine, Beer and Spirits

Branch, Bureau of Alcohol, Tobacco and

Firearms, Washington, DC 20226, (202)

927–8210.
30022 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules

SUPPLEMENTARY INFORMATION:

Background

Pursuant to section 7652 of the

Internal Revenue Code of 1986,

alcoholic products of Puerto Rican

manufacture which are brought into the

United States for consumption or sale,

and alcoholic products coming into the

United States from the Virgin Islands,

are subject to a tax equal to the tax

imposed on similar products of

domestic manufacturer.

Under section 5232, distilled spirits

brought into the United States in bulk

containers from Puerto Rico or the

Virgin Islands may be withdrawn from

Customs custody and transferred to the

bonded premises of a distilled spirits

plant without payment of tax.

On September 8, 1992, ATF published

in the Federal Register an advanced

notice of proposed rulemaking, Notice

No. 751, 57 FR 40885, in order to solicit

comments on its proposal to review and

update the regulations pertaining to

shipments of alcoholic products from

Puerto Rico or the Virgin Islands to the

United States, and plans to recodify and

reissue such regulations now in 27 CFR

part 250 as part 26 of the same chapter.

In response to Notice No. 751, two

favorable comments were received from

the Jim Beam Co. (Beam) and the

National Association of Beverage

Importers, Inc. In general, both of these

comments supported ATF’s proposed

simplification of application and

recordkeeping requirements. In

addition, Beam supported ATF’s

proposed coordination with the U.S.

Customs Service to streamline

regulation of Puerto Rican products.

Given ATF’s continued interest in these

proposals, the relative lack of comments

received during its initial airing, and the

length of time since these issues were

first considered, ATF is reairing its

proposal in its entirety to give industry

and concerned citizens another

opportunity to comment.

Proposals

ATF would like to reorganize the

regulations to eliminate often lengthy

duplication of requirements that apply

equally to operations in Puerto Rico and

the Virgin Islands. We are considering

deleting many regulatory requirements

which may be unnecessary.

In updating the regulations, primary

emphasis will be given to the

simplification of procedures for the

taxpayment and shipment of alcoholic

products from Puerto Rico to the United

States. ATF is also considering

proposals to coordinate with the U.S.

Customs Service to reduce duplicate

efforts at the port of arrival in the

United States when such products are

shipped from Puerto Rico, however, the

responsibilities of Customs with respect

to shipments from the Virgin Islands

would remain unchanged.

Under current regulations, before

distilled spirits, wine or beer may be

shipped from Puerto Rico to the United

States, an application on ATF Form

5110.51, Application, Permit and

Report-Wine and Beer (Puerto Rico),

must be submitted and a permit

received to verify computation of the

internal revenue tax. After tax

determination, a second application and

permit on ATF Form 487–B (5170.5)

Application and Permit to Ship Liquors

and Articles of Puerto Rican

Manufacturer Taxpaid to the United

States, is required in order to ship the

taxpaid or tax determined products to

the United States.

ATF is considering ways to reduce

paperwork and simplify the procedures

for shipping distilled spirits, beer or

wine from Puerto Rico to the United

States. We would like comments on the

following proposals:

(1) Should the regulations be

amended to permit the proprietor of

qualified premises in Puerto Rico to

maintain a record of tax determination

in lieu of the application and permit to

compute the tax? ATF is proposing that,

in lieu of the initial application and

permit currently required to compute

the tax, a record of tax determination be

kept by the proprietor containing

sufficient information to allow an ATF

officer to verify the tax liability

represented by the document.

(2) Should the regulations be

amended to allow such record of tax

determination to be an invoice, bill of

lading, or other commercial document

which would contain the necessary data

elements?

(3) If ATF adopts the above proposals

what additional safeguards to the

revenue would be necessary?

(4) Do the current provisions in part

250 adequately address the bulk

shipment of distilled spirits from Puerto

Rico to the United States? ATF is

interested in whether or not the

regulations reflect the current

technology or shipment and distribution

practices in this area.

(5) In this advance notice, ATF would

like to solicit comments on specific

ways in which it could reduce

paperwork, simplify existing procedures

and eliminate unnecessary regulations

in any area concerning Puerto Rico or

the Virgin Islands that is currently

covered in part 250, while continuing to

maintain adequate safeguards to the

revenue.

(6) ATF would like specific comments

on the experience of the industry with

respect to any duplicative regulatory

efforts by ATF and the U.S. Customs

Service on shipments of distilled spirits

from Puerto Rico to the United States.

(7) Finally, under the current

regulations, ATF may grant an industry

member’s request for an alternate

method or procedure as a variance from

some regulatory requirements. ATF is

interested in comments from industry

members concerning their experience

with such variances and whether these

regulations should be revised to

incorporate some of the practices

authorized by existing variances.

Public Participation

ATF requests comments from all

interested persons. All comments

received on or before the closing date

will be carefully considered. Comments

received after the closing date will be

given the same consideration if it is

practical to do so, but assurance of

consideration cannot be given except as

to comments received on or before the

closing date.

ATF will not recognize any material

or comments as confidential. All

comments submitted in response to this

advance notice will be available for

public inspection during normal

business hours at: ATF Public Reading

Room, room 6480, 650 Massachusetts

Avenue NW., Washington, DC. Any

material that the commenter considers

confidential or inappropriate for

disclosure to the public should not be

included in the comment. The name of

the person submitting a comment is not

exempt from disclosure.

Executive Order 12866

It has been determined that this

proposed regulation is not a significant

regulatory as defined by Executive

Order 12866. Accordingly, this proposal

is not subject to the analysis required by

this Executive Order.

Drafting Information: The principal author

of this document is Tami Light of the Wine,

Beer and Spirits Branch, Bureau of Alcohol,

Tobacco and Firearms.

List of Subjects in 27 CFR Part 250

Administrative practice and

procedure, Alcohol and alcoholic

beverages, Authority delegations, Beer,

Customs duties and inspection,

Electronic fund transfers, Excise taxes,

Liquors, Packaging and containers,

Puerto Rico, Reporting and

recordkeeping requirements, Surety

bonds, Transportation, Virgin Islands,

Warehouses, Wine.
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 30023

Authority: This advance notice of

proposed rulemaking is issued under the

authority in 26 U.S.C. 7805.

Signed: May 17, 1996.

Bradley A. Buckles,

Acting Director.

Approved: May 24, 1996.

John P. Simpson.

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 96–14852 Filed 6–12–96; 8:45 am]

BILLING CODE 4810–31–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN59–1–7217b; FRL–5510–8]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On August 29, 1995, the State

of Indiana submitted a State

Implementation Plan (SIP) revision

request to the EPA for rule changes

specific to Allison Engine Company

(Allison) plants 5 and 8 located in

Marion County, Indiana. The EPA

proposes to approve Indiana’s request.

In the final rules section of this Federal

Register, the EPA is approving this

action as a direct final rule without

prior proposal because the EPA views

this as a noncontroversial action and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to that direct final rule, no

further activity is contemplated in

relation to this proposed rule. If the EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on the proposed rule. The EPA

will not institute a second comment

period on this action. Any parties

interested in commenting on this notice

should do so at this time.

DATES: Comments on this proposed rule

must be received on or before July 15,

1996.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal and the

EPA’s analysis of it are available for

inspection at: Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

David Pohlman, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, (312) 886–3299.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Dated: May 15, 1996.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 96–14962 Filed 6–12–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[VA010–5545b; FRL–5514–7]

Approval and Promulgation of Air

Quality Implementation Plans; Virginia;

Proposed Approval of Alternative

Compliance Plans for the Reynolds

Metals Graphic Arts Plants

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

State Implementation Plan (SIP)

revision submitted by the

Commonwealth of Virginia for the

purpose of establishing alternative

compliance plans for the Reynolds

Metals—Bellwood and South Plants

located in Richmond, Virginia. In the

Final Rules section of this Federal

Register, EPA is approving the State’s

SIP revision as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

SIP revision and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Comments must be received in

writing by July 15, 1996.

ADDRESSES: Written comments on this

action should be addressed to Marcia L.

Spink, Associate Director, Air Programs,

Mailcode 3AT00, U.S. Environmental

Protection Agency, Region III, 841

Chestnut Building, Philadelphia,

Pennsylvania 19107. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours at the Air,

Radiation, and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107 and

the Virginia Department of

Environmental Quality, 629 East Main

Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT:

Marcia L. Spink, (215) 566–2104.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title which is located

in the Rules and Regulations Section of

this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: May 17, 1996.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 96–14966 Filed 6–12–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IN61–1–7230b; FRL–5509–6]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision request submitted by the State

of Indiana on September 19, 1995, and

November 8, 1995, which establishes

regulations for suppliers and users of

automobile/mobile equipment

refinishing coatings in Clark, Floyd,

Lake, and Porter Counties. In the final

rules section of this Federal Register,

the EPA is approving this action as a

direct final rule without prior proposal

because EPA views this as a

noncontroversial action and anticipates

no adverse comments. A detailed

rationale for the approval is set forth in

the direct final rule. If no adverse

comments are received in response to

that direct final rule, no further activity

is contemplated in relation to this

proposed rule. If EPA receives adverse

comments, the direct final rule will be

withdrawn and all public comments

received will be addressed in a

subsequent final rule based on the

proposed rule. Any parties interested in